WorldWideScience

Sample records for human rights protection

  1. An Overview of Human Rights and Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Maysa Said Bydoon

    2016-12-01

    Full Text Available The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.

  2. Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

    Directory of Open Access Journals (Sweden)

    Remzije ISTREFI

    2017-03-01

    Full Text Available This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule of Law Mission in Kosovo EULEX took over to assist and support the Kosovo authorities in the rule of law area, specifically in the areas of the police, the judiciary and customs. The UNMIK’s extensive mandate and EULEXs limited executive powers in practice have affected human rights of Kosovars as a consequence of the UNMIK and EULEX actions and inactions in the course of exercise of their mandates. This study will try to reveal the processes that lead to establishment of these two unique international human rights Panels and their impact on human rights protection of individuals under international administration. The main question to be addressed is if these two human rights panels are providing the adequate remedy for addressing human rights violations by international actors in a post conflict Kosovo.

  3. Institutional Mechanisms for Human Rights Protection in Nigeria: An ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper has focused on the institutional mechanisms for human rights protection ... is discussed in line with its powers and duties under the law that established it.

  4. Human rights protection under the FDRE and the Oromia ...

    African Journals Online (AJOL)

    This paper makes a comparative analysis of human rights protection as provided under the 1995 Federal Democratic Republic of Ethiopian Constitution (FDRE Constitution) and the 2001 Oromia Regional State Revised Constitution with its amendments (OromiaConstitution). Guided by the principle of a better protection of ...

  5. Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

    OpenAIRE

    Remzije ISTREFI

    2017-01-01

    This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK) was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule ...

  6. The Functions of Selected Human Rights Institutions and Related Role-Players in the Protection of Human Rights in Zimbabwe

    Directory of Open Access Journals (Sweden)

    Howard Chitimira

    2016-12-01

    Full Text Available Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in the light of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013. This is done in order to investigate whether the promotion, protection, enforcement and respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission, are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.

  7. Exploring Responsibility. Public and Private in Human Rights Protection

    OpenAIRE

    Bexell, Magdalena

    2005-01-01

    The theory and practice of international relations are replete with dilemmas related to the distribution of responsibility for human rights protection. Institutionalized notions of public and private empower and shape knowledge of what the spheres of responsibility signify for different kinds of actors. This study examines how the public-private distinction is manifested in controversy concerning the character of corporate social responsibility. The study develops a conceptual framework cente...

  8. Protection of the right to privacy in the practice of the European Court of Human Rights

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    Mladenov Marijana

    2013-01-01

    Full Text Available The right to privacy is a fundamental human right and an essential component of the protection of human autonomy and freedom. The development of science and information systems creates various opportunities for interferences with physical and moral integrity of a person. Therefore, it is necessary to determine the precise content of the right to privacy. The European Convention on Human Rights and Fundamental Freedoms guarantees this right under Article 8. The European Court of Human Rights did not precisely define the content of the right to privacy and thereby the applicants could bring different aspects of life into the scope of respect for private life. According to the Court, the concept of privacy and private life includes the following areas of human life: the right to establish and maintain relationships with other human beings, protection of the physical and moral integrity of persons, protection of personal data, change of personal name, various issues related to sexual orientation and transgender. The subject of this paper is referring to previously mentioned spheres of human life in the light of interpretation of Article 8 of the Convention.

  9. Human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    Human rights reflect a determined effort to protect the dignity of each and every human being against abuse of power. This endeavour is as old as human history. What is relatively new is the international venture for the protection of human dignity through internationally accepted legal standards

  10. Protection of asylum seekers and illegal migrants human rights: Practice of the European Court of Human Rights

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    Đukanović Anđela

    2015-01-01

    Full Text Available Protection of asylum seeker and Illegal migrants human rights, has often been difficult due to the need of states to regulate unwanted migration flows. European Court of Human Rights plays an important role in protecting the rights of these individuals, through a set of human rights. Requests for interim measures under Rule 39 of the Rules of Court also have great importance. In cases involving illegal migrants and asylum-seekers, Court was often in difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. Recent Courts judgment in case of M. S. S. against Belgium is particularly important, because of its remarkable influence on the perception of a common asylum system in the EU, as well as the judgment in the case of Jama Hirsi and Others v. Italy.

  11. institutional mechanisms for human rights protection in nigeria

    African Journals Online (AJOL)

    Mofasony

    Commission, the Public Complaints Commission and the Truth and .... The Legislative and Institutional Framework of Environmental Protection in the Oil … ... includes strategies targeted at promoting democracy and good governance, rights of ... administrative action of any public authority and companies or their officials ...

  12. Protecting Socio-Economic Rights Through the European Convention on Human Rights : Trends and Developments in the European Court of Human Rights

    NARCIS (Netherlands)

    E. Palmer (Ellie)

    2009-01-01

    textabstractThis article is concerned with jurisprudential trends and developments in the protection of socio-economic rights through the interpretation of the European Convention on Human Rights (ECHR). It focuses on the potential to gain access to health care and welfare services, and the

  13. ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS PROTECTION IN THE EUROPEAN UNION

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    NICOLAE PURDĂ

    2013-05-01

    Full Text Available Human rights protection within the European Community and the European Union has developed judicially, the human rights being protected by the Community Courts as general principles of Community law. The Treaty of Maastricht and the Treaty of Amsterdam have codified the Community law within the area of human rights. The codification of European Union’s concept of human rights in a single document was realized by adopting the Charter of Fundamental Rights of the European Union, on 7 December 2000 in Nice, whose provisions acquired legally binding under the Treaty of Lisbon.

  14. The Evolution of Human Rights Protection within the EU Legal System

    OpenAIRE

    Tăbușcă Silvia

    2012-01-01

    Having in mind the EU’s policy to rebuild the democratic systems within the former Europeancommunist countries and its involvement in international actions regarding human rights enforcement, thereis no doubt about the importance of individuals rights protection in the European Union’s legal system. In thisrespect, the present paper analyzes the evolution of the principle of EU’s human rights protection. Theresearch done on the EU legislation and courts’ jurisprudence shows that there are thr...

  15. Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law

    OpenAIRE

    Swart, Sarah

    2009-01-01

    This paper reflects the results of a study, the main objective of which was to investigate the practical treatment of unaccompanied minor refugees in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study focused on the realisation of children's socio-economic rights in order to measure treatment. The paper seeks to address the obstacles which prevent the proper treatment ...

  16. Strengthening the human rights framework to protect breastfeeding: a focus on CEDAW

    OpenAIRE

    Galtry, Judith

    2015-01-01

    Background There have been recent calls for increased recognition of breastfeeding as a human right. The United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) is the core human rights treaty on women. CEDAW?s approach to breastfeeding is considered from an historical perspective. A comparison is drawn with breastfeeding protection previously outlined in the International Labour Organization?s Maternity Protection Convention, 1919 (ILO C3), and...

  17. The protection of the accused in international criminal law according to the Human Rights Law Standard

    Directory of Open Access Journals (Sweden)

    Karolina Kremens

    2011-12-01

    Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

  18. Protection from psychosocial risks at work under the European Convention on Human Rights: is it possible?

    Science.gov (United States)

    Sychenko, Elena

    2016-09-01

    This paper argues the possibility of establishing common principles of protection from psychosocial risks (PSR) on the basis of the legal positions of the European Court of Human Rights (the Court) expressed in recent cases on degrading treatment and occupational health. The author focuses on the positive obligations of the States to ensure the protection of the right for life and of the right to respect for private life. The prohibition of degrading treatment in relations between private persons is also considered as relevant to the issue of the protection from PSR. Analyzing the Court's case law (judgments of the Court) we substantiate the possibility of claiming protection from PSR under the European Convention on Human Rights, namely, articles 2, 3 and 6, 8.

  19. Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

    Directory of Open Access Journals (Sweden)

    Made Adhitya Anggriawan Wisadha

    2018-05-01

    Full Text Available There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

  20. The Corruption of Systemic Contour in Brazil and its Effects on the Protection of Human Rights

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    Lucas Sachsida Junqueira Carneiro

    2016-10-01

    Full Text Available This article investigates the connection involving corruption and Human Rights' protection, approaching the evolution of corruption's characteristics until today's experience of what is called institutionalized corruption. The knowledge of systemic corruption preeminent particularities are achieved through a series of data obtained in researches made by Centro de Referência do Interesse Público of UFMG, CNJ, Controladoria Geral da União, Fiesp, Ministério Público Federal and extensive survey on doctrine, jurisprudence, and legislation. We have introduced major flaws in the controlling system and shown the resultant repercussion to specify the leading consequences of corruption on the protection and guarantee of Human Rights.

  1. The indivisibility of human rights and the Decent Work Protection in a Globalized World

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    Lourival José de Oliveira

    2016-05-01

    Full Text Available The initial premise is limited to the finding that the production procedures interna- tionalized. Consequently, from the production sharing or defined spaces, was obtained as one of the main results the precariousness of human labor, considering that at the natio- nal level, given the liberalizing policies, is not making it possible to ensure the national state minimum safeguards to protect the work. To address this reality, this paper proposes the construction of new public spaces, with the participation of several international actors, no longer confining to existing international public entities, and the protection of human work should be promoted, provided as a human right and a fundamental right, taking into account the global context and the thematic multidisciplinary. It is the job of the holistic view, which assumes the interdependence and indivisibility of human rights as a prerequisite in order to balance economic development with social development internationally.

  2. The environmental protection in the jurisprudence of the Inter-American Court of Human Rights

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    Valerio de Oliveira Mazzuoli

    2015-09-01

    Full Text Available This article examines the interconnections between environmental issues and the protection of human rights, in a process that began in the United Nations Conference on the Human Environment (Stockholm, 1972 and has been developed by the greening of the regional human rights systems. In the Inter-American system the article 11 of the Additional Protocol to the American Convention on Economic, Social and Cultural Rights of 1988 — the Protocol of San Salvador — guarantees the right to a healthy environment. However the American Convention (on its arts. 3-25, 44-51 and 61-69 and its Additional Protocol (on its arts. 8, 13 and 19.6 only allow the submission of individual petitions to the Inter-American Commission and the possible acting of the Inter-American Court, in complaints containing alleged violations of civil and political rights, trade union rights and the right to education. Despite the lack of devices that are capable to ensure an effective protection to the right to a healthy environment, by itself, the Inter-American Court has demonstrated the greening of the human rights, which means, in other words, that it is quite possible to protect environmental issues by the demonstration of its interconnections with civil and political rights that are directly protected by the inter-American system. Therefore, it is necessary to understand the contributions of the jurisprudence of the Inter-American Court in the strengthening of the civil and political rights in cases related to environmental issues.

  3. Strengthening the human rights framework to protect breastfeeding: a focus on CEDAW.

    Science.gov (United States)

    Galtry, Judith

    2015-01-01

    There have been recent calls for increased recognition of breastfeeding as a human right. The United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) is the core human rights treaty on women. CEDAW's approach to breastfeeding is considered from an historical perspective. A comparison is drawn with breastfeeding protection previously outlined in the International Labour Organization's Maternity Protection Convention, 1919 (ILO C3), and its 1952 revision (ILO C103), and subsequently, in the United Nations Convention on the Rights of the Child, 1989 (CRC). Despite breastfeeding's sex-specific significance to an international human rights treaty on women and CEDAW's emphasis on facilitating women's employment, CEDAW is, in reality, a relatively weak instrument for breastfeeding protection. In both its text and subsequent interpretations explicit recognition of breastfeeding is minimal or nonexistent. Explanations for this are proposed and contextualised in relation to various political, social and economic forces, especially those influencing notions of gender equality. During the mid to late 1970s -when CEDAW was formulated - breastfeeding posed a strategic challenge for key feminist goals, particularly those of equal employment opportunity, gender neutral childrearing policy and reproductive rights. Protective legislation aimed at working women had been rejected as outdated and oppressive. Moreover, the right of women to breastfeed was generally assumed, with choice over infant feeding practices often perceived as the right NOT to breastfeed. There was also little awareness or analysis of the various structural obstacles to breastfeeding's practice, such as lack of workplace support, that undermine 'choice'. Subsequent interpretations of CEDAW show that despite significant advances in scientific and epidemiological knowledge about breastfeeding's importance for short-term and long-term maternal health, breastfeeding

  4. The evolution of the Constitutional Protection of Women’s Human Rights in Colombia

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    Sandra MORENO FLÓREZ

    2011-04-01

    Full Text Available Human rights were first acknowledged in Colombia in the 1991 Constitution, bringing up a catalogue of specific rights in favour of the female population whose implementation has been possible thanks to the Constitutional Court’s decisive compromise on the struggle against gender discrimination. This way, since the incorporation of the gender perspective in the Colombian Law, great progress has been obtained in the effectiveness of the constitutional normative framework and in the consequent effective protection of women’s human rights in legally relevant different ambits of life.

  5. Protecting the Home and Adequate Housing - Living in a Caravan or Trailer as a Human Right

    NARCIS (Netherlands)

    Donders, Y.

    2016-01-01

    Many Roma, gypsies and travellers live in caravans or trailers, sometimes in together trailer parks or camps. This article analyses how this specific lifestyle connected to their housing is protected under the various regimes and provisions of international human rights law. Home and adequate

  6. The Problems of Interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Ivanets Ivan Petrovich

    2014-06-01

    Full Text Available According to the clause 1 of Article 32 of the European Convention for the protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter referred to as the European Convention or the Convention the competence of the European Court of Human Rights (hereinafter referred to as the Court or the Court extends to all issues of interpretation and application of the Convention and its protocols. Thus, the European Convention makes the Court the only tool of the way of understanding of the rights and freedoms protected by it. Interpretation of the provisions of Convention lies in the basis of the Court activity as immovable clod that stands guard for protection of human rights, and that is a place where the State is directly responsible before a human.

  7. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

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    Henny Nuraeny

    2015-05-01

    Full Text Available Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficking in Cianjur is in line with the concept of human rights. This study uses normative juridical approach and specification of descriptive analysis. Results from this study is the protection of child victims of trafficking in persons has been referred to the concept of human rights which the regional government make policies on prevention of trafficking, rehabilitation, counseling and empowerment of victims of human trafficking.

  8. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

    OpenAIRE

    Henny Nuraeny; Tanti Kirana Utami

    2015-01-01

    Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficki...

  9. World Heritage Protection and the Human Right to Development: Reconciling Competing or Complimentary Narratives Using a Human Rights-Based Approach (HRBA?

    Directory of Open Access Journals (Sweden)

    Josephine Gillespie

    2013-07-01

    Full Text Available In the pursuit of the protection of places worthy of World Heritage designation, controls are placed on human activities. Regulations are put in place to curb the extent to which these places of heritage significance might be compromised by inappropriate human uses. For the most part, this conservation exercise takes the form of a regulatory regime that, in reality, imposes localized restrictions on how people interact with the protected site. Such restrictions can come at considerable expense to pre-existing users, and arguably, in some instances, these restrictions may also act to simultaneously restrict “rights”. These rights arise by virtue of a raft of international and regional commitments to human rights that, in essence, aim to preserve human dignity for all. This paper explores the nexus between conservation and development through a “rights” paradigm. Arguably, it is untenable to sustain a situation in which heritage trumps user-rights without due regard for some of the rights articulated within the human rights narrative. Heritage protection must be seen as a question of balance wherein conservation, development and rights are reconciled. It is argued that the adoption of a human rights-based approach (HRBA to conservation may aid in the reconciliation of these goals.

  10. A decision model for the sustainable protection of human rights in Italian Prison System

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    Antonio Maturo

    2014-12-01

    Full Text Available The work starts from an analysis of the critical problems of the prison system in Italy. It aims to develop a decision-making model to address the issue of sustainable protection of human rights in prisons. It shows how, using the Saaty AHP procedure, it is possible to have an analytical reasoning guideline for the understanding of the validity of the various alternative choices, in order to facilitate the situation of the prisoners and their reintegration into society.

  11. Consumer rights and protections

    Science.gov (United States)

    ... care consumer rights; Rights of the health care consumer ... RIGHTS AND PROTECTIONS Here are ways that the health care law protects consumers. You must be covered, even if you have a pre-existing condition. No insurance plan can reject you, ...

  12. The Protection of Human Rights through Criminal Justice: the Right to Effective Criminal Investigations in Europe. An Integrate Analysis between the ECHR and EU Law

    OpenAIRE

    Mirandola, Sofia

    2017-01-01

    The subject matter of this research are the States’ obligations under the European Convention on Human Rights (the ECHR) to protect human rights through criminal law, with a focus on the procedural limb of such protection, namely the States’ duty to carry out effective criminal investigations into the most serious human rights offences. Furthermore, this study adopts also an integrated approach and discusses the interplay between the duty to conduct effective criminal investigations under the...

  13. THE RESPONSIBILITY OF PROTECTING (R2P HUMAN RIGHTS AND SECURITY COUNCIL

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    ULDARICIO FIGUEROA PLÁ

    2017-12-01

    Full Text Available The adoption in 1948 of the Convention on the Prevention and Punishment of the Crime of Genocide seemed to open a new era in the international scenario in which these kind of practices apparently are left in the historic past. Reality has shown us that this international instrument was not enough to face arbitrary measures of some Governments. Nevertheless, genocide actions continuing to be performed, and in order to decrease human suffering, “humanitarian intervention” was thought as a response to the ineffectiveness of the Security Council which also brought along arbitrary actions in its invocation, discrediting it. Before the reiterated calls of the Secretary General of the United Nations to prevent and detain massive violations to human rights, an effort has been made in order to standardizing a type of interventions that can respond to massive violations of human rights. This has been called Responsibility to Protect.

  14. ASSERTING AND DEVELOPING THE IDEA OF LEGAL OBLIGATION, FOR ENSURING AND PROTECTING THE HUMAN RIGHTS

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    Marilena MARIN

    2014-11-01

    Full Text Available Various studies have been written about human rights and freedoms. Addressing this issue appears to be within everyone’s reach and everyone seems to be good at launching discussions about human rights and freedoms. When we are given the opportunity of collecting information about these concepts or of expressing a point of view, we should first refer to the concept itself, as researched by scholars, and then see how these studies can be found in practice, in everyday life. Otherwise, purely theoretical studies and Abstract: analyzes do not have any sense; do not produce any effect, facts which would render them useless. In this paper we aim at analyzing the concepts of legal obligation, of ensuring and protecting the human rights, viewed as a whole, as a unit, just as an idea is perceived. Thus, we are going to place human rights and freedoms in relation to legal normativity, to theory and their legal regulation on the one hand, and, on the other hand, we are going to focus on the materialization and implementation of these concepts, particularly within the national borders, but also in the European Union.

  15. Special procedural measures and the protection of human rights
    General report

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    John A.E. Vervaele

    2009-10-01

    Full Text Available The aim of the general report is to conduct a comparative analysis of the national reports in order to trace transformation processes in domestic criminal justice systems, in particular criminal process, as special procedural measures are introduced to deal with terrorism and organised crime, and to map whether this has led countries to depart from their own fundamental rules, procedures, principles and applicable human rights standards. Starting from the premise that the integrated system of criminal law has three dimensions – the protection of individuals (the shield dimension, the provision of instruments of law enforcement (the sword dimension, and of checks and balances/trias politica (the constitutional dimension – the report provides a comprehensive overview of interrelated transformations, mostly in the pre-trial setting, that have affected all three in three waves of ‘war’ (on drugs, organised crime and terrorism. In many countries, procedural guarantees and principles that protect against the infringement of fair trial rights are considered a burden to the efficiency of serious crime enforcement. These reforms have resulted in a clear expansion of the punitive state and a blurring of classic distinctions, and do not favour the rule of law. The focus on public security and preventive coercive investigation undermines the criminal justice system. With the criminal justice system increasingly used as an instrument to regulate the present and/or the future rather than to punish past behaviour, and a criminal process in which pre-trial investigation is not about truth-finding related to committed crime, but about the construction and de-construction of social dangerousness, the interests of national security may be said to be prevailing over justice and to be threatening due process and the protection of human rights – notwithstanding that general principles of criminal procedure seem to have become more important in the reporting

  16. Identifying the gaps: Armenian health care legislation and human rights in patient care protections.

    Science.gov (United States)

    Zopunyan, Violeta; Krmoyan, Suren; Quinn, Ryan

    2013-12-12

    Since the collapse of the Soviet Union, the Republic of Armenia has undergone an extensive legislative overhaul. Although a number of developments have aimed to improve the quality and accessibility of Armenia's health care system, a host of factors has prevented the country from fully introducing measures to ensure respect for human rights in patient care. In particular, inadequate health care financing continues to oblige patients to make both formal and informal payments to obtain basic medical care and services. More generally, a lack of oversight and monitoring mechanisms has obstructed the implementation of Armenia's commitments to human rights in several international agreements. Within the framework of a broader project on promoting human rights in patient care, research was carried out to examine Armenia’s health care legislation with the aim of identifying gaps in comparison with international and regional standards. This research was designed using the 14 rights enshrined in the European Charter on Patient Rights as guiding principles, along with domestic legal acts relevant to the rights of health care providers. The gaps analysis revealed numerous problems with Armenian legislation governing the relationships between stakeholders in health care service delivery. It also identified several practical inconsistencies with the international legal instruments ratified by the Armenian government. These legislative shortcomings are illustrated by highlighting key health-related rights violations experienced by patients and their health care providers, and by indicating opportunities for improved rights protections. A full list of human rights relevant to patient care and recommendations for promoting them in the Armenian context is provided in Tables 1 and 2. A number of initiatives must be undertaken in order to promote the full spectrum of human rights in patient care in Armenia. This section highlights certain recommendations flowing from the findings of

  17. Protecting the human right to freedom of expression in international law.

    Science.gov (United States)

    Howie, Emily

    2018-02-01

    Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

  18. THE BASIC OBJECTIVES OF DEMECRACY  AND FUNDAMENTAL INTERNATIONAL AGREEMENTS  FOR THE PROTECTION OF HUMAN RIGHTS

    OpenAIRE

    ILGAZ , Dr.Nesrin DEMİR  Assist.Prof.Dr.Deniz

    2007-01-01

    The basic objectives of democracy, as they take place openly in the definition of the concept and are lead primarily by freedom and equality, are listed as political representation, political participation and rights. The first important document created in the international arena concerning human rights is the Universal Declaration on Human Rights, an instrument of the United Nations. A regional agreement which has great significance is the European Convention on Human Rights and Fundamental...

  19. [Legislative and legal security of supervisory activities in the sphere of protection of consumers' rights and human well-being].

    Science.gov (United States)

    Rumiantsev, G I; Kutsenko, G I; Polesskiĭ, V A

    2007-01-01

    Sanitary legislation plays an important role in supervisory activities ensuring the protection of consumers' rights and human well-being. The paper considers the basic laws and standard acts allowing for legal regulation in this sphere of activities.

  20. Unfinished business: concurrence of claims presented before a human rights court or treaty body and through diplomatic protection

    NARCIS (Netherlands)

    Vermeer-Künzli, A.M.H.

    2010-01-01

    International law has not, yet, defined the limits of concurrent cases involving resort to a human rights mechanism and diplomatic protection. The European Court of Human Rights has on occasion dealt with questions of simultaneous procedures and the International Law Commission (ILC) has described

  1. Eu accession to the ECHR: Enlarging the human rights protection in Europe

    Directory of Open Access Journals (Sweden)

    Krstić Ivana

    2016-01-01

    Full Text Available This paper deals with the importance of the EU accession to the ECHR, as the most significant regional instrument for human rights protection. The paper outlines the evolution of the idea of the accession to the ECHR, different stages of that process, as well as a Draft agreement which attempted to resolve some complex legal issues relating to the specific nature of the EU legal system. In the second part of this paper, the Opinion 2/13 of the CJEU from December 2014 has been analyzed, which basically interrupted the entire accession process. It is noted that currently the ECtHR has only an indirect constitutional control over the EU's legal order by examining laws of the Member States. The EU accession to the ECHR would allow examination of all acts and measures in the EU from the human rights perspective, including those over which the CJEU does not have full oversight function. Therefore, the authors argue that due to the establishment of legal certainty and external control over acts of the EU institutions, it is necessary to find a way for the continuation of the accession process, as soon as possible. There are two possible scenarios: a re-negotiation of the agreement on accession, or modification of the EU Treaties. Both solutions seem almost impossible in the created political milieu. However, there is a hope that negotiations will continue due to the influence of the Avotiņš judgment from May 2016 in which the ECtHR upheld the principle of equal protection from the Bosphorus case, pointing to the importance of maintaining mutual trust between two courts, as well as the need for the establishment of greater credibility and EU strengthening after Brexit.

  2. Building Prevention to Protect: The Inter-American Human Rights System

    Directory of Open Access Journals (Sweden)

    Carlos Portales

    2017-03-01

    Full Text Available The article explores the way that the Inter-American human rights system assumes the “responsibility to protect” in the context of serious violations of human rights that can be characterized as war crimes, crimes against humanity, genocide, and ethnic cleansing. The essay describes  how the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have responded to such situations by using the ample powers granted to them by the OAS member states. The authors consider that these organs have been some of the most effective tools with which this region has confronted such situations by seeking system has contributed to building democratic regimes in the majority of the countries of the hemisphere. This has been crucial to avoiding serious violations of human rights such as those mentioned above, which would have required urgent international intervention to overcome.

  3. UN human rights council

    Directory of Open Access Journals (Sweden)

    Vuksanović Mlrjana

    2014-01-01

    Full Text Available The paper deals with the structure, mechanisms, practices and perspectives of the Human Rights Council, the UN body that, at universal level is the most important body in this area. Introductory section provides for a brief overview of the origins of human rights and the work of the Commission on Human Rights, in whose jurisdiction were questions of human rights before the establishment of the Council. After the introductory section the author gives an analysis of the structure, objectives, mandate and main procedures for the protection of human rights within the united Nations. In the final section the authorpoints out the advantages of this authority and criticism addressed to it, with emphasis on the possibility and the need for its reform.

  4. The politics of protection: aid, human rights discourse, and power relations in Kyaka II settlement, Uganda.

    Science.gov (United States)

    Clark-Kazak, Christina R

    2010-01-01

    This paper explores the conceptualisation and application of 'protection' by the United Nations High Commissioner (UNHCR), Ugandan government, and Congolese refugees in Kyaka II refugee settlement, Uganda. Analysing the origins and consequences of a demonstration against school fees, and drawing on other ethnographic data, it explores how different interpretations of this incident reflect different conceptions of, and approaches to, protection. Ugandan government officials viewed the demonstration as a security incident; Congolese and Ugandan adults responded with increased monitoring and 'sheltering' of children and young people; students justified the demonstration as a legitimate manifestation of their rights; while UNHCR promoted assistance and resettlement. The paper argues that prevailing protection responses, including 'sensitisation', sheltering, and resettlement, are de-contextualised from daily realities and fail to address the underlying power relations that undermine protection. It concludes with recommendations on how international refugee agencies can reorient assistance to address protection concerns in refugee contexts.

  5. The Aesthetic Education as a pedagogical proposal to strengthen human rights and protection mechanisms

    Directory of Open Access Journals (Sweden)

    Diana Estefania Lizarazo Gomez

    2016-11-01

    Full Text Available This manuscript reports the systematization of a pedagogical proposal from the perspectives of  art education that generate aesthetic developments, to foster a sensible attitude on human rights.  It was implemented with children and teenagers who were 6 to  18 years old, who attend the Fundación Semillito and the school  “José Francisco Socarrás”. The project was created from the need  to share an aesthetic experience that allows spaces where experi- ence through working with others, facilitates the direct encounter  with human rights, not from the theoretical discourse.

  6. The protection of fundamental human rights in criminal process General report

    NARCIS (Netherlands)

    Brants, C.; Franken, Stijn

    2009-01-01

    This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in

  7. The protection of artistic expression under article 10 of the European Convention on Human Rights

    NARCIS (Netherlands)

    Nieuwenhuis, A.J.

    2012-01-01

    More than once, the European Court of Human Rights (hereafter: ECtHR) has attended to cases concerning novels, movies, paintings and other forms of artistic expression. The Court has tried to fit in artistic expression in its more general approach that often makes a decisive distinction between

  8. Can human rights standards help protect children and youth from the detrimental impact of alcohol beverage marketing and promotional activities?

    Science.gov (United States)

    Chapman, Audrey R

    2017-01-01

    The alcohol industry in the Latin American and Caribbean (LAC) region promotes demand for alcohol products actively through a number of channels, including advertising and sponsorship of sports and other events. This paper evaluates whether human rights instruments that Latin American countries have ratified can be used to limit children's exposure to alcohol advertising and promotion. A review was conducted of the text of, and interpretative documents related to, a series of international and regional human rights instruments ratified by most countries in the LAC region that enumerate the right to health. The Convention on the Rights of the Child has the most relevant provisions to protect children and youth from alcohol promotion and advertising. Related interpretive documents by the United Nations Committee on the Rights of the Child affirm that corporations hold duties to respect and protect children's right to health. Human rights norms and law can be used to regulate or eliminate alcohol beverage marketing and promotional activities in the Latin American region. The paper recommends developing a human rights based Framework Convention on Alcohol Control to provide guidance. © 2016 Society for the Study of Addiction.

  9. PROTECTION OF HUMAN RIGHTS AGAINST THE ADVERSE IMPACT OF TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES: DILEMMAS OF INTERNATIONAL COMMUNITY

    Directory of Open Access Journals (Sweden)

    Machoňová-Schellongová Ivana

    2015-12-01

    Full Text Available There is no doubt about an impact of corporate and business operations on human rights, both positive and negative. Growing influence of corporations, power shift between business and states, as well as the complex nature of corporate governance and transnational operations require international regulations. International community undertook numerous initiatives, the most significant and recent being the United Nations Guiding Principles on Business and Human Rights [2011], embraced by States, corporations and civil society as a “milestone“ in business and human rights agenda. While being a  useful comprehensive set of guidelines, Principles are lacking the legally binding force and any monitoring or complaints mechanism. Therefore, there are growing calls for a legally binding treaty to stipulate clearly human rights obligations of States/businesses vis-à-vis human rights and fill the protection gap for victims of corporate abuses. A newly established working group by the Human Rights Council has started to negotiate terms of reference of such a treaty in June 2015. However, meaningful negotiations are threatened by many factors, including the negative approach of US, EU and other developed States along with the corporate sector advocating for stronger implementation of Principles instead. This article aims to describe efforts of international community to prevent and eliminate a  negative impact of corporate activities on human rights. It shows different approaches and highlights some challenges and dilemmas. It concludes that parallel efforts should be undertaken - to implement the Principles and to negotiate an international treaty – in order to improve protection against an adverse impact of corporate operations on human rights. As for the Czech Republic, it is suggested to embark on the elaboration of the National Action Plan, thus providing for an opportunity to discuss implementation of the Principles among all the

  10. Does Teaching Children about Human Rights, Encourage Them to Practice, Protect and Promote the Rights of Others?

    Science.gov (United States)

    Dunhill, Ally

    2018-01-01

    The purpose of the article is to demonstrate how the United Nations International Children's Emergency Fund (UNICEF) Rights Respecting Schools Award makes positive contributions to children's lives and experiences at school. Within the overall context of education as a right, the Award supports children to learn about their rights and the rights…

  11. Physical restraint and the protection of the human rights of immigration detainees in hospitals.

    Science.gov (United States)

    Pickles, Hilary; Norton, Emma; Ginn, Emma; Schleicher, Theresa

    2015-08-01

    Immigration detainees, like prisoners, are entitled to the same standard of healthcare as non-detained patients. When hospital attendance or admission is required, the priority for custodial staff (who for purposes of this article we refer to as 'escorts') is to prevent absconding. For that reason, they may wish to use physical restraints, such as handcuffs, and remain with the detainee at all times. This can be degrading for the patient and breach their human rights. Clinicians have professional obligations to all their patients and must object to any restraint methods that risk damaging the patient's right to confidentiality, treatment, health or the therapeutic relationship itself. The starting presumption is that restraints ought not to be used during treatment and only in the most exceptional cases ought escorts to be present during clinical examination or treatment. © Royal College of Physicians 2015. All rights reserved.

  12. The right to life and criminal-law protection of the human person in the Western Balkans

    Directory of Open Access Journals (Sweden)

    Etlon Peppo

    2015-07-01

    Full Text Available The basic principle for which a democratic governance stands, are expressed in the “Declaration of Independence of the United States of America with the words of Thomas Jefferson: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” The government of a democratic state does not exist to recognize the basic human rights, but to respect and guarantee the protection of these rights that any person possesses and benefits due to his existence starting from the most important right: The right to life, which is faced against the duty of the state for the protection of the human person’s life! In this sense this article analyzes the criminal-law protection of life in the Western Balkans.

  13. The protection of fundamental human rights in criminal process
    General report

    Directory of Open Access Journals (Sweden)

    Chrisje Brants

    2009-10-01

    Full Text Available This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in a national context. Three overreaching issues influence the reception of international fundamental rights and freedoms in criminal process: constitutional arrangements, legal tradition and culture, and practical circumstances. There is no such thing as the uniform implementation of convention standards; even in Europe where the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court play a significant role, there is still much diversity in the actual implementation of international norms due to the influence of legal traditions which form a counterforce to the weight of convention obligations. An even greater counterforce is at work in practical circumstances that can undermine international norms, most especially global issues of security, crime control and combating terrorism. Although convention norms are still in place, there is a very real risk that they are circumvented or at least diluted in order to increase effective crime control.

  14. Toward a legal framework that promotes and protects sex workers' health and human rights.

    Science.gov (United States)

    Overs, Cheryl; Loff, Bebe

    2013-06-14

    Complex combinations of law, policy, and enforcement practices determine sex workers vulnerability to HIV and rights abuses. We identify "lack of recognition as a person before the law" as an important but undocumented barrier to accessing services and conclude that multi-faceted, setting-specific reform is needed-rather than a singular focus on decriminalization-if the health and human rights of sex workers are to be realized. Copyright © 2013 Overs and Loff. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  15. DNA and Law Enforcement in the European Union: Tools and Human Rights Protection

    Directory of Open Access Journals (Sweden)

    Helena Soleto Muñoz

    2014-01-01

    Full Text Available Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States’ DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.

  16. The mechanisms of realization and protection of human rights in Ukraine

    Directory of Open Access Journals (Sweden)

    М. О. Єльникова

    2015-05-01

    Conclusions. We can highlight the following issues concerning the rights of human and citizen: low level of legal culture and legal consciousness of the majority of our society members; unsatisfactory level of external educational influence on each person by the society and self-education in the possession by many people of the real sense of personal honor and dignity; low level of adherence to the rule of law (legality in the society and the state and unconditional responsibility of every person, without exception, to themselves and the environment for the process and the results of their activities; inequality and branches of state and local governments and the imperfection of local self government and territorial communities functioning in real life; low level of professionalism in the political and public management and its exclusive reliance on personal and group (clan interests; lack of clear structuring of the civil society and civil control over the activities of public authorities; high level of corruption at all levels and stages of public life and the lack of political will in its reduction; lack of direct mutual dependence between the human and the citizen and the state and the society without the liability of officers and the citizens themselves.

  17. THE ROLE OF THE EUROPEAN COMMITTEE FOR SOCIAL RIGHTS (ECSR IN THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS. INTERACTIONS WITH ECHR JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Cristina Sâmboan

    2013-11-01

    Full Text Available Upon its foundation in 1961, the European Committee for Social Rights (ECSR was meant to be a counterpart of the European Court of Human Rights (ECHR in the field of economic, social and cultural rights, i.e. an international body of control regarding the manner in which states understand to respect human rights. But, given the fastidious contents of ESCR and for political reasons, ECSR has never enjoyed the same guarantee mechanisms or level of accessibility that have characterized ECHR. The aim of this study is to show that, in spite of such flaws, the ECSR has proven its efficiency in the European system for the protection of human rights. The analysis of its decisions, as well as their interactions with the ECHR jurisprudence proves that the flexible and protectionist decisions of this jurisdictional body command authority and their coercive nature is recognized at national level. Moreover, this body has an important influence on ECHR. The jurisprudential interpretations of ECSR may also serve as reference points for national users (lawyers, magistrates, organizations, which makes it even more necessary to know and understand it at this level.

  18. Special Section: Human Rights

    Science.gov (United States)

    Frydenlund, Knut; And Others

    1978-01-01

    Eleven articles examine human rights in Europe. Topics include unemployment, human rights legislation, role of the Council of Europe in promoting human rights, labor unions, migrant workers, human dignity in industralized societies, and international violence. Journal available from Council of Europe, Directorate of Press and Information, 67006…

  19. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    OpenAIRE

    MSc. Albana Metaj-Stojanova

    2017-01-01

    The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically ov...

  20. Human Rights/Human Needs.

    Science.gov (United States)

    Canning, Cynthia

    1978-01-01

    The faculty of Holy Names High School developed an interdisciplinary human rights program with school-wide activities focusing on three selected themes: the United Nations Universal Declaration of Human Rights, in conjunction with Human Rights Week; Food; and Women. This article outlines major program activities. (SJL)

  1. Human Rights, History of

    NARCIS (Netherlands)

    de Baets, Antoon; Wright, James

    2015-01-01

    In this article, six basic debates about human rights are clarified from a historical perspective: the origin of human rights as moral rights connected to the natural law doctrine and opposed to positive rights; the wave of criticism of their abstract and absolute character by nineteenth-century

  2. The Right to Education in the International Regulations on Protection of Human Rights and its regulation in the National Legal System : Preliminary Analysis from the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights

    Directory of Open Access Journals (Sweden)

    Maria Creusa de Araújo Borges

    2016-05-01

    Full Text Available We examine, in this article, the question of the right to education, from the Univer- sal Declaration of Human Rights (1948 and the International Covenant on Economic, Social and Cultural Rights (1966. In the Brazilian national law, they are analyzed the Federal Constitution of 1988 and the Law of Guidelines and Bases of National Educa- tion, 1996, regarding the regulation of education matter, in coordination with the inter- national instruments in question. It is noteworthy that the regulation of the matter at the national level, is influenced by the recognition of this right in international norms, but advances in the recognition of the right to higher education of marginalized social groups, expanding the mandatory gratuity and beyond elementary school because in the Brazilian case, basic education is compulsory and the principle of free governs the entire education system in official establishments. Set up in this way, the existence of an essential core regarding the right to education, which is fully chargeable.

  3. EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Yuriy Pyvovar

    2017-11-01

    Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

  4. Pursuing the Right to an Effective Remedy for Human Rights ...

    African Journals Online (AJOL)

    Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a ...

  5. Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

    “Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

  6. Vulnerability and the Principle of Non-refoulement in the European Court of Human Rights : Towards an Increased Scope of Protection for Persons Fleeing from Extreme Poverty?

    NARCIS (Netherlands)

    Flegar, Veronika

    2016-01-01

    “Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

  7. Use of "excess" human embryos for stem cell research: protecting women's rights and health.

    Science.gov (United States)

    Cohen, C B

    2000-01-01

    Proposed National Institutes of Health guidelines for stem cell research are too narrowly drawn and do not adequately protect the freedom of choice and health of women who donate embryos. They need to be expanded to cover not only the point of embryo donation, but also that of embryo creation. Guidelines are provided to ensure that donors undergoing hyperstimulation and egg retrieval gave voluntary informed consent to the production of embryos that might later prove in excess. A standard for determining when embryos have been overproduced is presented to address the possibility that additional embryos will be created for stem cell research in violation of the guidelines and at risk to women's health.

  8. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  9. A Human Rights Glossary.

    Science.gov (United States)

    Flowers, Nancy

    1998-01-01

    Presents a human rights glossary that includes definitions of basic terms, treaties, charters, and groups/organizations that have been featured in previous articles in this edition of "Update on Law-Related Education"; the human rights terms have been compiled as part of the celebration of the Universal Declaration of Human Rights…

  10. Discursive Framings of Human Rights

    DEFF Research Database (Denmark)

    What does it mean to be a subject of human rights? The status of the subject is closely connected with the form and rhetoric of the framing discourse, and this book investigates the relationship between the status of the subject and the form of human rights discourse, in differing aesthetic...... and social contexts. Historical as well as contemporary declarations of rights have stressed both the protective and political aspects of human rights. But in concrete situations and conflictual moments, the high moral legitimacy of human rights rhetoric has often clouded the actual character of specific...... interventions, and so made it difficult to differentiate between the objects of humanitarian intervention and the subjects of politics. Critically re-examining this opposition – between victims and agents of human rights – through a focus on the ways in which discourses of rights are formed and circulated...

  11. Urbanization and human rights

    NARCIS (Netherlands)

    Mihr, A.

    Urban governance on the basis of human rights can help to set up problem solving mechanisms to guarantee social peace, economic growth and political participation.If states both integrate more in international or regional human rights regime and give more autonomy to urban governments and local

  12. Protection of personality rights in civil law

    Directory of Open Access Journals (Sweden)

    Simonović Ivana

    2014-01-01

    Full Text Available Personality rights have long been described as the youngest member of the civil law family of absolute subjective (individual civil rights. By establishing these rights, an individual is guaranteed full and direct legal authority and control over one's personal assets, which include the most important human values such as: life, integrity, dignity and privacy. The ultimate importance of these personal assets is supported by appropriate legal protection of personality rights, which have been guaranteed in numerous provisions of constitutional law, civil law, criminal law and administrative law. The legal protection of personality rights stems from the understanding that a human being cannot be reduced to a biological entity; being part of the community, man is also a social being. Taking into account constant interactions and mutual relations between members of the society, man should be guaranteed certain rights. It primarily implies the guaranteed right to inviolability of one's personality, which is the basis for generating other personality rights. These rights are inherent, inalienable and absolute in terms of their effects; as such, they provide protection from the interference of the state and any third party. Focusing on the rules of civil law, the authors have explored the potentials and the scope of legal protection of personality rights provided by awarding a civil sanction. Although civil sanction is basically monetary sanction, it is deemed to be quite appropriate for the protection of personal (non-patrimonial assets.

  13. Kingdom, covenant, and human rights

    Directory of Open Access Journals (Sweden)

    Koos Vorster

    2017-07-01

    Full Text Available This research revisits the idea of a Christian perspective on human rights. Departing from a hermeneutics of trust, this article considers the concept of human rights from the perspective of revelation history. Revelation history departs from the consent of the parts of Scripture, irrespective of differences in dating, original languages, canonical differentiation, cultural, social and historical contexts. Scripture offers a theological unity consisting of various topics which are developed continuing and purposeful throughout the biblical revelation. Two of the major topics in Scripture as they are revealed by a revelation historical survey are the concepts kingdom of God and the covenant of God with God’s people. In this article these two concepts will be used as a foundation for a Christian theory of human rights both as legal human rights and moral human rights. The central theoretical argument of this investigation is that both the concepts kingdom and covenant are essentially about justice and relationships – the justice of the kingdom and the relation between God and humankind, the relation between people and the relation between humans and creation. These relations are the essence of the rights people have, vis-à-vis the authority of the day and other people. These rights, which deal with the orderly maintenance of relationships, can be formalised in legal human rights and should be nurtured and protected by the civil authorities. Christians and churches as moral agents in society have the calling to promote the idea of human rights in constitutional democracies.

  14. Legal and ethical standards for protecting women's human rights and the practice of conscientious objection in reproductive healthcare settings.

    Science.gov (United States)

    Zampas, Christina

    2013-12-01

    The practice of conscientious objection by healthcare workers is growing across the globe. It is most common in reproductive healthcare settings because of the religious or moral values placed on beliefs as to when life begins. It is often invoked in the context of abortion and contraceptive services, including the provision of information related to such services. Few states adequately regulate the practice, leading to denial of access to lawful reproductive healthcare services and violations of fundamental human rights. International ethical, health, and human rights standards have recently attempted to address these challenges by harmonizing the practice of conscientious objection with women's right to sexual and reproductive health services. FIGO ethical standards have had an important role in influencing human rights development in this area. They consider regulation of the unfettered use of conscientious objection essential to the realization of sexual and reproductive rights. Under international human rights law, states have a positive obligation to act in this regard. While ethical and human rights standards regarding this issue are growing, they do not yet exhaustively cover all the situations in which women's health and human rights are in jeopardy because of the practice. The present article sets forth existing ethical and human rights standards on the issue and illustrates the need for further development and clarity on balancing these rights and interests. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  15. The nature of human rights

    Directory of Open Access Journals (Sweden)

    Krivokapić Boris

    2016-01-01

    Full Text Available In the first part of the paper, the author points out that, unlike in the past, in our time human rights developed into a fair legal institution, and even a special system. They are formulated and protected both internally and internationally. The second part deals with the approach according to which human rights are part of the so-called. natural law. The author notes that the theory of natural law can not be accepted for many reasons. It is pure construction, which is far from reality, and besides it is unnecessary. Law and thus human rights as a part of it, is a social creation, developing along with the society itself, whereby, in the longer term, advanced norms in the matter of human rights replace obsolete ones. Life and human needs are the ones who impose such development. In the third part the writer notes that since under human rights one can have in mind various things, at least such a special concept and, on the other hand, specific rights, it is not possible to give a single answer to what is the nature of human rights. It is even harder as human rights, have a variety of dimensions - legal, philosophical, ideological, political, economic, social, educational, etc. However, he gives his view of the main characteristics of the modern concept of human rights. In the fourth part, the author notes that, speaking not about the concept, but human rights as such, their main characteristics are that they are: 1 source - belong to anyone on the grounds that he is a human being (general rights or a member specific vulnerable groups (special rights; 2 universal - belong to everyone or all members of vulnerable groups, without any discrimination based on personal characteristics, and on the other hand, the most important such rights shall be recognized in all states; 3 inalienable - one can not give up or else share his basic human rights, such as the right to life, the right to vote, etc.; 4 somewhat different - although, in principle, all

  16. Nature of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos López Dawson

    2016-07-01

    Full Text Available In the formation of a new Constitution the constituents will require to know or reach an agreement on the nature of human rights; then, to determine how the State will enforce the respect to those rights. To do so, it is necessary to resort to the history and evolution of these rights, and the present work aims to contribute to an efficient productive debate about the nature of human rights, so that citizens can decide on the understanding that this is a thoughtful democratic and humanistic founded decision. The analysis is in the actual technical-ideological republican system which correspond to the current state of international law

  17. Deuteronomy and Human Rights

    Directory of Open Access Journals (Sweden)

    G. Braulik

    1998-08-01

    Full Text Available If one compares the articles of the "Universal Declaration of Human Rights" dated December 10th, 1948, with the regulations of the book of Deuteronomy, one detects a surprising abundance of correspondences, or at least of similar tendencies, between them. As the social theorists of the seventeenth and eighteenth centuries, the architects of the catalogue of Human Rights, knew the Scripture very well. References to Deuteronomy are historically well probable and factually hardly coincidental. Deuteronomy rightly boasts about its social laws (4:8 that are unique in the Ancient Near East. The paper orientates itself to the short formula of Human Rights and at the same time to the normative basic character of each human right, as it is formulated in the first article of the declaration: "liberty", "equality", "fraternity". Each of these basic categories are concretised in terms of several Deuteronomic regulations and prove themselves to be central matters of concern within the YHWH religion. Finally, it is outlined how the connection between Deuteronomy and modem expressions of human rights might be explained, and further it is shown what actually makes up the peculiarity of biblical thinking on human rights.

  18. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... in several areas of relevance to transnational business governance interaction and indicates the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational business governance suggests that this form...

  19. Human Rights in Prisons

    DEFF Research Database (Denmark)

    Jefferson, Andrew M.; Gaborit, Liv Stoltze

    Drawing on participatory action research conducted in Sierra Leone, Kosovo and the Philippines, Human Rights in Prisons analyses encounters between rights-based non-governmental organisations and prisons. It explores the previously under-researched perspectives of prison staff and prisoners...

  20. Biotechnology and human rights.

    Science.gov (United States)

    Feuillet-Le Mintier, B

    2001-12-01

    Biotechnology permits our world to progress. It's a tool to better apprehend the human being, but as well to let him go ahead. Applied to the living, biotechnologies present the same finality. But since their matter concerns effectively the living, they are the sources of specific dangers and particularly of that one to use the improvements obtained on the human to modify the human species. The right of the persons has to find its place to avoid that the fundamental rights of the human personality shall undergo harm. This mission assigned to the right of the persons is as so much invaluable that the economical stakes are particularly important in the domain of the biotechnologies.

  1. State duties of protection and fundamental rights

    Directory of Open Access Journals (Sweden)

    C Starck

    2000-05-01

    Full Text Available Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England. The historical excursus reveals that a single theory underlies the variety of constitutional states. The development of the constitutional state gave rise to the significance of the preservation of freedom through the maintenance of law and the separation of powers. This has given rise to various legal devices, based also in part on experience with moderate rule and earlier theories of the imperium limitatum.A textual analysis of the German Basic Law is undertaken to determine whether and how the duties of protection are expressly created. Furthermore, the duties that have been discovered in the Basic Law by the Federal Constitutional Court are considered. These duties include the protection of human life and health, personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, mothers, professional freedom, property and the protection of German nationals against foreign states. Finally the justification of such duties and the constitutional control of the manner of protection are considered.In a final section a critique of relevant constitutional jurisprudence is undertaken. It is argued that claims to protection cannot be directly binding law. They presuppose legislation. If statutory protection is connected with infringements of third-party fundamental rights

  2. Protection of fundamental rights today

    International Nuclear Information System (INIS)

    Meyer-Abich, K.M.

    1984-01-01

    Technical developments can both change the methods of dealing with existing conflicts, and cause new conflicts. Meyer-Abich analyzes five conflicts caused by the technological development in the solution of which the constitutional, liberal, and democratic protection of fundamental rights is not at all guaranteed. Meyer-Abich thinks that these new conflicts can be solved in the framework of the liberal constitutional state, if legal and political consequences are taken in order to guarantee the uncharged protection of fundamental rights under changing conditions. The necessary reforms can, however, only be realized if the way how state and science see themselves changes. Both have to give up their one-sidedness into which have been pushed by conflict which havbe been caused by the scientific and technical development. Only then it will be possible to solve the jemerging conflicts without eopardizing the integritiy of the society. (orig.) [de

  3. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of Transnational Business Governance Interactions (TBGI) analytical framework (Eberlein et al. 2014). The article identifies and discusses...... that the UN Guiding Principles are unique in several respects of relevance to transnational business governance interaction and indicate the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational...... business governance suggests that this form of governance offers prospects for public institutions as a means towards regulating global sustainability concerns....

  4. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... and components of regulatory governance which characterize the Guiding Principles, focusing in particular on rule formation and implementation. The article notes that the Guiding Principles actively enrolled other actors for the rule-making process, ensuring support in a politically and legally volatile field...

  5. Human rights approach to health.

    Science.gov (United States)

    Haigh, Fiona

    2002-04-01

    Adopting human rights approach to health carries many benefits, because it emphasizes the equality of all persons and their inherent right to health as the foundation of the health care system. It also argues that promotion and protection of health are fundamentally important social goals, focuses particularly on the needs of the most disadvantaged and vulnerable communities, balances individual needs with the common good, and so forth. However, it also raises some practical issues, such as organization of interdisciplinary education and work, and different use of the language, which often goes unacknowledged. The relationship between human rights and health is a reciprocal one, and can be beneficial or harmful. For the relationship to be beneficial and successful, the differences between human rights and public health approach to health, centered around the perspective taking, attitudes, and abilities of health professionals, need to be acknowledged and reconciled, and the need for interdisciplinarity adequately fulfilled.

  6. Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

    Directory of Open Access Journals (Sweden)

    Stephanus P. Pretorius

    2012-02-01

    Full Text Available The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

  7. Extraterritorial Human Rights Obligations

    DEFF Research Database (Denmark)

    Amsinck Boie, Hans Nikolaj; Torp, Kristian

    adequately be addressed without including the approach to the problem taken in practice; Corporate Social Responsibility, CSR. The book therefore draws upon the concept of CSR and the approaches developed here and discusses whether states may utilize the CSR-based concept of human rights due diligence...

  8. Human Rights in the Humanities

    Science.gov (United States)

    Harpham, Geoffrey

    2012-01-01

    Human rights are rapidly entering the academic curriculum, with programs appearing all over the country--including at Duke, Harvard, Northeastern, and Stanford Universities; the Massachusetts Institute of Technology; the Universities of Chicago, of Connecticut, of California at Berkeley, and of Minnesota; and Trinity College. Most of these…

  9. A Conflict Transformation Perspective on Efforts to Protect Human Rights of Haitian Migrants and their Descendants in the Dominican Republic

    Directory of Open Access Journals (Sweden)

    Ingvild Skeie

    2016-04-01

    Full Text Available Este artículo trata el largo debate en los ámbitos académico y profesional, sobre la relación entre la protección de los derechos humanos y la transformación de conflictos. Son dos enfoques que frecuentemente se han presentado como dos opuestos, representando respectivamente los principios y el pragmatismo. Sin embargo, durante los últimos años, se ha notado una tendencia de considerar cómo ambos campos pueden beneficiarse de las herramientas y las ideas del otro. El artículo utiliza la situación de la República Dominicana como un estudio de caso, observando los esfuerzos de la sociedad civil para promover y proteger los derechos de inmigrantes haitianos y sus descendientes, enfocándose particularmente en el papel de las organizaciones no gubernamentales internacionales (‘INGOs’, por sus siglas en inglés. El artículo argumenta la utilidad de la aplicación del análisis de transformación de conflicto, y específicamente intenta mostrar la relevancia de usar un análisis sistémico de conflicto, analizando y entendiendo los abusos contra los derechos humanos dentro de en una perspectiva más amplia de las relaciones dominico-haitianas. El artículo muestra cómo las intervenciones de las INGO afecta las dinámicas del conflicto tanto positivamente como negativamente, y discute las implicaciones para futuras estrategias para los participantes de la sociedad civil. English: This paper addresses the long-standing debate within academic and practitioner circles about the relationship between human rights protection and conflict transformation. While the two approaches have often been pitted against each other, as representing principles vs. pragmatism respectively, there has over the last years been an increasing tendency to consider how the two camps can benefit from each other's tools and lines of thoughts. The article takes the situation in the Dominican Republic as a case, looking into civil society actors' efforts to promote

  10. Human Rights and Human Function

    Directory of Open Access Journals (Sweden)

    Mohsen Javadi

    2006-03-01

    Full Text Available This paper firstly explores some theories of Human Rights justification and then assents to the theory that Human Rights is based on justified moral values. In order to justify moral values, Aristotle’s approach called “Function Argument” is reviewed. Propounding this argument, the writer attempts to show that all analysis of human identity will directly contribute to the man’s view of his rights. Not only Human rights is really determined by human function or human distinguishing characteristic i.e. human identity, but in the world of knowledge the proper method to know human rights is to know human being himself. n cloning violates man’s rights due to two reasons: damage of human identity and violation of the right to be unique. Attempting to clarify the nature of human cloning, this article examines the aspects to be claimed to violate human rights and evaluates the strength of the reasons for this claim. این مقاله پس از بررسی اجمالی برخی از نظریه‌های توجیه حقوق بشر، نظریة ابتنای آن بر ارزش‌های اخلاقی موجّه را می‌پذیرد. دربارة چگونگی توجیه ارزش اخلاقی، رویکرد ارسطو که به «برهان ارگن» موسوم است، مورد بحث و بررسی قرار می‌گیرد. مؤلف با طرح این برهان می‌کوشد نشان دهد ارائه هرگونه تحلیل از هویت انسان در نگرش آدمی به حقوق خود تأثیر مستقیم خواهد گذاشت. حقوق آدمی نه فقط از ناحیة کارویژه یا فصل ممیز وی (هویت انسان تعیّن واقعی می‌گیرد، بلکه در عالم معرفت هم راه درست شناخت حقوق بشر، شناخت خود انسان است.

  11. Inconvenient Human Rights

    Science.gov (United States)

    Ryan, Natasha

    2017-01-01

    Abstract Following an increase in Roma migration under the European “freedom of movement” laws, Swedish municipalities initiated more than 80 evictions of informal Roma settlements on the grounds of poor sanitation between 2013 and 2016. These evictions echo policies from earlier in the 20th century, when Roma living in Sweden were often marginalized through the denial of access to water and sanitation facilities. The recent Swedish evictions also follow similar government actions across Europe, where Roma settlements are controlled through the denial of access to water and sanitation. However, access to water and sanitation—central aspects of human health—are universal human rights that must be available to all people present in a jurisdiction, regardless of their legal status. The evictions described here violated Sweden’s obligations under both European and international human rights law. More positive government responses are required, such as providing shelters or camping sites, setting up temporary facilities, and directly engaging with communities to address water and sanitation issues. The authors conclude by providing guidance on how states and municipalities can meet their human rights obligations with respect to water and sanitation for vulnerable Roma individuals and informal settlements in their communities. PMID:29302163

  12. Protection of Fundamental Rights Post-Lisbon:The Interaction between the EU Charter of Fundamental Rights, the European Convention on Human Rights (ECHR) and National Constitutions (FIDE National Report for the United Kingdom)

    OpenAIRE

    Lock, Tobias; Layden, Patrick

    2011-01-01

    This is the United Kingdom national report for the FIDE XXV Congress on the 'Protection of Fundamental Rights Post-Lisbon'. The national report consist of answers from a UK perspective to questions posed by the general rapporteur on the following general topics: Nature and scope of fundamental rights protected; Horizontal Effect and Collision of rights; Consequences of the entry into force of the EU Charter of Fundamental Rights; Consequences of the accession of the EU to the ECHR; The future...

  13. Fundamental Human Rights under the Nigerian Constitution: Right ...

    African Journals Online (AJOL)

    It is almost tempting to apologise for returning to the subject of human rights, but the temptation ought to be resisted. The question of the recognition and protection of Human rights, a perennial, worldwide problem since the immediate aftermath of the Second World War in particular, has played a leading role in international, ...

  14. Pornography: Human right or human rights violation?

    Directory of Open Access Journals (Sweden)

    Elisabet le Roux

    2010-10-01

    Full Text Available The article investigates the availability of pornographic media to under-aged users, specifically the already marginalised under-aged sector of the South African population. It argues that the availability of pornography is just another illustration of the systemic discrimination against this section of the population. Theoretical, non-experimental and clinical evidence illustrating the negative impact that the exposure to pornography has on children is presented against the background of the social reality of South Africa. The article finds that exposure to pornography leaves children even more vulnerable than they already are. The investigation of relevant legislation indicates that those who broadcast and/or sell pornography contravene South African law. The article concludes that the effects of pornography on children are far-reaching and potentially harmful. Children should be more effectively protected against exposure to pornography. Lastly, the role of faith-based organisations (FBOs and the possibilities of their effective involvement, is explored.

  15. Examining Human Rights in a Global Context.

    Science.gov (United States)

    Francis, Greg; Inoue, Keiko; Orrick, Stefanie

    The United Nations' founding in 1945 and the 1948 adoption of the Universal Declaration of Human Rights reflected the international community's growing commitment to the protection and recognition of what is now referred to as human rights. Despite increased international attention, human rights violations continue to occur at the local, regional,…

  16. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    MSc. Albana Metaj-Stojanova

    2017-06-01

    Full Text Available The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR. The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

  17. Sharing International Responsibility for the Protection of Poor Migrants? An Analysis of Extraterritorial Socio-Economic Human Rights Law

    NARCIS (Netherlands)

    Hesselman, Marlies

    2013-01-01

    This paper analyzes the possible legal bases for or the existence of extraterritorial socio-economic human rights obligations on the part of wealthier European ‘Destination Countries’ vis-à-vis poor migrants. In particular, the paper considers whether obligations of international cooperation and

  18. Challenges and opportunities for judicial protection of human rights against decisions of the United Nations Security Council

    NARCIS (Netherlands)

    Hollenberg, S.J.

    2013-01-01

    The thesis deals with the responses of domestic and regional courts when they are confronted with cases concerning individuals whose human rights are interfered with due to the implementation of UNSC decisions. The UNSC may impose, for example, economic sanction measures, or place specifically

  19. Communication rights: Fundamental human rights for all.

    Science.gov (United States)

    McLeod, Sharynne

    2018-02-01

    The right to communicate includes the right to "freedom of opinion and expression" and rights and freedoms "without distinction of … language". The 70th anniversary of the Universal Declaration of Human Rights is a time to celebrate and reflect on communication as a human right, particularly with respect to Article 19 and its relationship to national and international conventions, declarations, policies and practices. This review profiles articles from the special issue of International Journal of Speech-Language Pathology (volume 20, issue 1) addressing communication rights from four perspectives: (1) communication rights of all people; (2) communication rights of people with communication disabilities; (3) communication rights of children and (4) communication rights relating to language. Divergent perspectives from across the globe are considered. First-hand accounts of people whose right to communicate is compromised/upheld are included and perspectives are provided from people with expertise and advocacy roles in speech-language pathology, audiology, linguistics, education, media, literature and law, including members of the International Communication Project. Three steps are outlined to support communication rights: acknowledge people - adjust the communication style - take time to listen. Future advocacy for communication rights could be informed by replicating processes used to generate the Yogyakarta Principles.

  20. Philanthropy and Human Rights

    DEFF Research Database (Denmark)

    Larsen, Øjvind

    2013-01-01

    written about philanthropy from a political, sociological, anthropological and managerial perspective. However, an essential question remains: what does philanthropy mean? In a Greek context, philanthropy is connected to a friendly act towards one’s owns close connections such as family or fellow citizens......, and normally utilized to promote one’s own prestige in the city-state. In Roman context, universal humanism, humanitas, was invented. This universal perspective was also supported by Christianity. It is this universal concept of philanthropy which is the foundation for the different philanthropic traditions...... in Germany, England, France and USA. In each tradition is developed special features of the concept of philanthropy. The four traditions are summarized in the UN universal human rights, which has become the common normative reference for global philanthropy. In this way philanthropy has become, in a modern...

  1. Philosophical foundations of human rights

    CERN Document Server

    Liao, Matthew S

    2015-01-01

    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set...

  2. Human rights to in vitro fertilization.

    Science.gov (United States)

    Zegers-Hochschild, Fernando; Dickens, Bernard M; Dughman-Manzur, Sandra

    2013-10-01

    The Inter-American Court of Human Rights (the Court) has ruled that the Supreme Court of Costa Rica's judgment in 2000 prohibiting in vitro fertilization (IVF) violated the human right to private and family life, the human right to found and raise a family, and the human right to non-discrimination on grounds of disability, financial means, or gender. The Court's conclusions of violations contrary to the American Convention on Human Rights followed from its ruling that, under the Convention, in vitro embryos are not "persons" and do not possess a right to life. Accordingly, the prohibition of IVF to protect embryos constituted a disproportionate and unjustifiable denial of infertile individuals' human rights. The Court distinguished fertilization from conception, since conception-unlike fertilization-depends on an embryo's implantation in a woman's body. Under human rights law, legal protection of an embryo "from conception" is inapplicable between its creation by fertilization and completion of its implantation in utero. © 2013.

  3. Human Dignity – Constitutional Principle of Fundamental Human Rights

    Directory of Open Access Journals (Sweden)

    Lucian Pop

    2011-07-01

    Full Text Available As a constitutional principle of the human rights, the human dignity is a supreme value, a norm and a right, thus that the reconfiguration of protection standards of fundamental human rights is made by cohesion of the legal, social and moral dimensions of human dignity. With this article, the author argues that legal meaning, social meaning and moral meaning of human dignity, are centerpiece of protection of freedom under law.

  4. Examination of the roles and capacities of duty bearers responsible for protecting the human rights to adequate food, nutritional health and wellbeing in Ugandan children's homes.

    Science.gov (United States)

    Olafsen, Monica; Rukooko, Archangel Byaruhanga; Iversen, Per Ole; Andreassen, Bård A

    2018-04-17

    The majority of Ugandan children face vulnerability and malnutrition. As a State Party to international human rights treaties, Uganda has legal obligations of guaranteeing the fundamental rights and the best interest of the nation's children. Despite being protected under international and national law, Uganda is not providing adequate child protection, including safeguarding children's food security. Numerous privately owned and unregulated children's homes face this problem. The overall aim of the study was to examine to what extent children's homes' operations are consistent with the right to adequate food, nutritional health and wellbeing of children. We performed a qualitative role- and capacity analysis of duty bearers with human rights duties towards children living in children's homes. We studied three groups of duty bearers: caretakers working in private children's homes, State actors working in government and its institutions, and non-State actors working in civil society organizations. A human rights based approach guided all aspects of the study. An analysis of the roles, performance and capacities of duty bearers was employed, with individual face-to-face structured qualitative in-depth interviews, self-administered structured questionnaires, and a structured observational study, as well as a desk review of relevant literature. The State of Uganda's efforts to respect and realize its obligations towards children living in children's homes is inadequate. There are numerous capacity gaps among the duty bearers, and the concepts of human rights and the best interest of the child are not well understood among the duty bearers. The efforts of the State of Uganda to realize its human rights obligations towards children in children's homes are lacking in important areas. Hence the State does not fulfill its minimum obligations under the International Covenant on Economic, Social and Cultural Rights to ensure all children freedom from hunger. There is a need

  5. Enhancing Environmental Protection and Socio-Economic Development in Africa: A Fresh Look at the Right to a General Satisfactory Environment under the African Charter on Human and Peoples' Rights

    Directory of Open Access Journals (Sweden)

    Emeka Polycarp Amechi

    2009-06-01

    Full Text Available The African Charter to Human and Peoples' Rights is an innovative document as it is the first human rights albeit regional instrument to provide for a substantive right to environment. However, the right as provided under the Charter is encumbered as it is linked to the promotion of development. Such linkage has led to the argument that the right can only be invoked where it will not infringe the requirements of socio-economic development. While this issue appears to have engaged the attention of most commentators, there has not been much enquiry into what the right aims to achieve and the implication for the achievement of sustainable development objectives including environmental protection and poverty reduction in Africa. This article therefore seeks to evaluate the utility of the right to the pursuit of sustainable development objectives in Africa.

  6. REGIONAL GOVERNMENT'S RESPONSIBILITY TO THE PROTECTION OF INDONESIAN WORKER EMPLOYED (TKIs ABROAD (Review of Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Asri Lasatu

    2017-06-01

    Full Text Available The purpose of the establishment of the Republic of Indonesia is to protect and realize the welfare of citizens. Therefore, the main responsibility of the government is to provide protection and guarantee to every citizen to get a job and a decent living for humanity. Limitations of domestic employment, as well as the public's desire to work overseas, should be responded positively by the government, by formulating regulations both at the central and regional levels. This study will examine the roles and responsibilities of local governments as an effort the law protection against Indonesian Migrant Worker working abroad.This research is a normative legal research with approach of legislation and concept approach and analyzed qualitatively to give perspective on legal issue to the object of this research study. The results show that the responsibility of local government, especially in the pre-placement, post-placement, and empowerment phase of placement of migrant workers, while the placement of migrant workers is the responsibility of the central government. Implementation of local government responsibilities should be supported by regulations established by local governments.

  7. Human Rights: The Essential Reference.

    Science.gov (United States)

    Devine, Carol; Hansen, Carol Rae; Wilde, Ralph; Bronkhorst, Daan; Moritz, Frederic A.; Rolle, Baptiste; Sherman, Rebecca; Southard, Jo Lynn; Wilkinson, Robert; Poole, Hilary, Ed.

    This reference work documents the history of human rights theory, explains each article of the Universal Declaration of Human Rights, explores the contemporary human rights movement, and examines the major human rights issues facing the world today. This book is the first to combine historical and contemporary perspectives on these critical…

  8. AIDS and human rights.

    Science.gov (United States)

    Tarantola, D; Mann, J

    1995-01-01

    HIV/AIDS is a health problem that is inseparable from individual and collective behavior and social forces, particularly linked with societal respect for human rights and dignity. In its second decade, the HIV/AIDS pandemic continues to thrive. Where organized communities have access to adequate information, education, and services, the incidence of infection has begun to decline. Elsewhere, HIV continues to reach new populations and new geographic areas. Lessons learned in more than a decade of prevention work point to new directions for expanding national responses, at a time when the UNAIDS program, to be launched in January 1996, offers opportunities for innovative, broad-based, coordinated, and expanded global action. Prevention activities have shown that the spread of HIV can be effectively reduced. Public health interventions, including providing information and applying prevention methods, reduce the probability of infection, the risk of transmission, and the chances of not accessing appropriate care or support once infection has set in. These are proximal interventions that yield the short-term benefits of the decline of incidence and improved quality and duration of life for those infected. Societal vulnerability translates today into the focus the pandemic has on individuals, communities, and nations that are disadvantaged, marginalized, or discriminated against for reasons of gender, age, race, sexual orientation, economic status, or cultural, religious, or political affiliation. A fully expanded response to HIV/AIDS requires a combination of risk-reduction (proximal) and contextual interventions--those directed at reducing vulnerability through social change to enable people to exert control over their own health. Contextual actions can be implemented in the short term (changing laws, policies, practices that discriminate, promoting human rights, developing the most vulnerable communities) and in the long term (cultural changes, gender equality in

  9. Pragmatic Challenges to Human Rights

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2007-01-01

    Pragmatism offers a platform for posing relevant questions. This article uses a pragmatic point of departure to question a natural law conception of human rights and to take a closer look at three pressing human rights problems: The human rights situation in states with little or no state capacity......; the revision and adaptation of human rights law; and the not straightforward relationship betweemn human rights and democracy....

  10. Protection of Children's Human Rights and Health: A Legacy of Julian Kramsztyk, Janusz Korczak, and Ludwik Rajchman.

    Science.gov (United States)

    Woltanowski, Piotr; Wincewicz, Andrzej; Sulkowski, Stanisław

    2018-01-01

    Tutor of generations of Warsaw medical doctors, Julian Kramsztyk (1851-1926) was son of Rabbi Izaak Kramsztyk, Polish patriot and fighter for independent Poland. Julian Kramsztyk graduated in medicine from Warsaw University in 1873 to soon work as a supervisor of the Internal Diseases Department of Bersohns and Baumans Children's Hospital from 1878 to 1910, and despite of refusing professorship from Imperial Warsaw University, he worked as a lecturer of pediatric disorders from 1880 with strong association of his medical practice with scientific and editorial tasks as well as engaging in charity. This article focuses on selective retrieval of biographical data of social and scientific achievements of followers of Julian Kramsztyk: his student, pioneer of children human rights, and pioneer of healthy patterns of nutrition of children, pediatrician Janusz Korczak (Henryk Goldszmit; 1878 or 1879-1942); and a skilled bacteriologist and a brilliant epidemiologist who was a prominent activist of the League of Nations (later United Nations Organization), cofounder of the UNICEF (United Nations Children's Emergency Fund), and the first chairman of the Organization from 1946 to 1950, which was primarily dedicated to "provide emergency food and health care to children in postwar time," Ludwik Rajchman (1881-1965). Janusz Korczak works laid foundation for international recognition of children rights to health, respect, education, privacy, and all the other human rights to be included in the United Nations Convention on the Rights of the Child (UNCRC). In 1989, nutrition and vaccination issues were the main medical interests of these medical doctors and still remain major fields of UNICEF actions.

  11. The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights. International Studies in Human Rights, 82

    Science.gov (United States)

    Beiter, Klaus Dieter

    2006-01-01

    A trend has emerged of not defining education as a "human right" anymore, but of rather calling it a "human need". This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them…

  12. Critical Theory of Human Rights

    NARCIS (Netherlands)

    Rensmann, Lars; Thompson, Michael J.

    2017-01-01

    International human rights have become an important global norm that has increasingly been incorporated into international law and global conventions. Human rights are a key reference point of mobilizations by diverse groups and international nongovernmental organization (INGOs) in global publics

  13. China and Africa: Human Rights Perspective

    African Journals Online (AJOL)

    significant concept behind that of power and sovereignty is national interest. ..... of whom deny that modern states have a moral or legal authority to represent them in ... protection of human rights based on cultural relativism would then only be.

  14. Oil companies and human rights

    International Nuclear Information System (INIS)

    Chandler, Geoffrey

    1997-01-01

    This article highlights the need for oil companies in the future to take into account human rights in corporate decision making. The influence oil companies can bring to bear on government violating human rights, excuses for not voicing condemnation of abuses, and the 1948 Universal Declaration of Human Rights are discussed. (UK)

  15. Human Rights and Public Education

    Science.gov (United States)

    Bowring, Bill

    2012-01-01

    This article attempts a contrast to the contribution by Hugh Starkey. Rather than his account of the inexorable rise of human rights discourse, and of the implementation of human rights standards, human rights are here presented as always and necessarily scandalous and highly contested. First, I explain why the UK has lagged so far behind its…

  16. Teachers and Human Rights Education

    Science.gov (United States)

    Osler, Audrey; Starkey, Hugh

    2010-01-01

    Why do teachers need to be familiar with human rights? In multicultural societies, whose values take precedence? How do schools resolve tensions between children's rights and teachers' rights? Campaigners, politicians and the media cite human rights to justify or challenge anything from peaceful protest to military action. The phrase "human…

  17. Humanized Upbringing: A Turn to Power Relations and the Adult-Centered Paradigm in Institutions for the Protection of Children and Adolescents in Situation of Violation of Rights

    Directory of Open Access Journals (Sweden)

    Armando Zuluaga-Gómez

    2018-02-01

    Full Text Available This reflection is based on the notes recorded in a field journal and its objective is to systematize the experience acquired as an educator in the Diagnostic and Derivation Center, operated by the University of Antioquia through the Grow with Dignity Project (Zuluaga, 2015-2016, attached to the Unit of Childhood, in the City of Medellín, Colombia, whose purpose is the immediate protection of children and adolescents in situations of violation of rights. We will analyze, here, the power relations that are established within the adult-centered paradigm; we will reveal the genesis of child abuse in these relations, and we will see how these normalized practices in the upbringing of children by their families of origin permeate the protection institutions that have been created to accomplish processes of restoration of rights. When unequal power relationships are instituted and legitimated within the family, the hegemony of adults over childhood is consolidated, and the latter ends up being objectified, like this normalizing their abuse. These relational paradigms are also susceptible to reproduction in educational institutions, including those aimed at the protection of children in situations of violation of rights. We will suggest a proposal called humanized reeducation, which is indicated for group leadership in protection institutions, a task entrusted to educators.

  18. ACTIVITIES OF THE ADMINISTRATION OF FEDERAL SERVICE FOR SURVEILLANCE ON CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING IN KHABAROVSKY KRAI IN CONDITIONS OF THE FUKUSHIMA ACCIDENT AND MEASURES UNDERTAKEN TO PROTECT THE TERRITORY AND POPULATION THE REGION

    Directory of Open Access Journals (Sweden)

    V. A. Ott

    2011-01-01

    Full Text Available The article analyzes activities of the Administration of Federal Service for Surveillance on Consumer Rights Protection and Human Well-being in Khabarovsky Krai and the Federal Health Organization "Center of Hygiene and Epidemiology in Khabarovsky Krai" in the situation related to the Fukushima accident in Japan

  19. Homoaffectivity and Human Rights

    OpenAIRE

    Luiz Mott

    2006-01-01

    The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same s...

  20. A Hierarchy of Human Rights.

    Science.gov (United States)

    Brockett, Charles

    To establish an objective conception of human rights, one must first identify basic needs intrinsic to all people and then determine whether these needs are or can be hierarchically ordered. Many scholars have conducted research on the concept of human needs, particularly in the area of human rights. Among these scholars are Abraham H. Maslow…

  1. Homoaffectivity and Human Rights

    Directory of Open Access Journals (Sweden)

    Luiz Mott

    2006-05-01

    Full Text Available The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

  2. Human rights: implications for patients and staff.

    Science.gov (United States)

    Dreezen, I; Nys, H

    2003-01-01

    Originating from wider declarations of fundamental human rights, individual human rights in the field of health care, also called patients' rights, have been elaborated, developed and implemented by most international organisations, including the European Union and the World Health Organisation. The Council of Europe is however, particularly prominent in its work in the field of human rights, having drawn up a number of vital international treaties, among them and most importantly the Convention on Human Rights and Biomedicine, which strengthens internationally the legal position of the patient and the research subject in setting a minimum level of protection in respect of individual human rights and health and is binding upon the member states that have ratified it. Nonetheless, it needs to be examined to see if the European Union would be a better alternative to regulate these patients' rights.

  3. Human Rights and Cultural Identity

    Directory of Open Access Journals (Sweden)

    John-Stewart Gordon

    2015-12-01

    Full Text Available Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.

  4. (Public) Health and Human Rights in Practice.

    Science.gov (United States)

    Annas, George J; Mariner, Wendy K

    2016-02-01

    Public health's reliance on law to define and carry out public activities makes it impossible to define a set of ethical principles unique to public health. Public health ethics must be encompassed within--and consistent with--a broader set of principles that define the power and limits of governmental institutions. These include human rights, health law, and even medical ethics. The human right to health requires governments not only to respect individual human rights and personal freedoms, but also, importantly, to protect people from harm from external sources and third parties, and to fulfill the health needs of the population. Even if human rights are the natural language for public health, not all public health professionals are comfortable with the language of human rights. Some argue that individual human rights--such as autonomy and privacy--unfairly limit the permissible means to achieve the goal of health protection. We argue that public health should welcome and promote the human rights framework. In almost every instance, this will make public health more effective in the long run, because the goals of public health and human rights are the same: to promote human flourishing. Copyright © 2016 by Duke University Press.

  5. [Effectiveness of the Federal Inspectorate for the Protection of Consumer Rights and Human Welfare in the Novosibirsk Region in 2007 to 2009].

    Science.gov (United States)

    Mikheev, V N; Ivanova, L K; Iagudin, B I; Turbinskiĭ, V V

    2010-01-01

    A system for monitoring and analyzing the effectiveness and efficiency of the performance of the Board of the Federal Inspectorate for the Protection of Consumer Rights and Human Welfare in the Novosibirsk Region was introduced into its activities to estimate the provision of the Novosibirsk Region's population with sanitary epidemiological wellbeing in 2007-2009. The introduction of monitoring was ascertained to increase the effectiveness of budgetary fund surveillance and spending, by predicting the effectiveness and choice of priority lines of activities, by increasing the quality of budgetary services rendered in the provision of sanitary and epidemiological well-being to the population.

  6. The Human Right to Peace

    Directory of Open Access Journals (Sweden)

    Carlos Villán Durán

    2014-10-01

    Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.

  7. Food Security and Human Rights in Indonesia

    NARCIS (Netherlands)

    Hadiprayitno, I.

    2010-01-01

    Food is crucial to an adequate standard of living. The acknowledgement of the right to food in government policies is fundamental to the protection of human dignity, particularly in relation to food insecurity. It allows the right-holder to seek redress and hold government accountable for

  8. THE LEGAL PROTECTION OF THE PROPERTY RIGHT

    Directory of Open Access Journals (Sweden)

    Anda CRISU-CIOCÎNTĂ

    2015-04-01

    Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

  9. Protection of civil rights and technological development

    Energy Technology Data Exchange (ETDEWEB)

    Wagner, H

    1985-01-01

    The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH).

  10. Protection of civil rights and technological development

    International Nuclear Information System (INIS)

    Wagner, H.

    1985-01-01

    The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH) [de

  11. Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection

    Directory of Open Access Journals (Sweden)

    Mark R. von Sternberg

    2014-12-01

    Full Text Available Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court’s decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in theUnited States and the summary denial of children’s asylum claims flowing from gang violence.Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization document for those filing colorable claims should be recognized by statute to render US practice

  12. Women's rights are human rights : The practice of the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights

    NARCIS (Netherlands)

    van Leeuwen, F.C.|info:eu-repo/dai/nl/265778646

    2009-01-01

    ‘Women’s rights are human rights!’ This notion may seem self evident, as the international system for the promotion and the protection of human rights that was installed under the auspice of the United Nations (UN) builds on the idea of equality in dignity and rights of men and women. Yet, as was

  13. The International Human Rights Muddle.

    Science.gov (United States)

    Machan, Tibor R.

    1979-01-01

    Discusses confusion about the meaning of human rights in the United States. Suggests that welfare rights usurp the more traditional freedom rights of the founding fathers. Contrasts American interpretations with those of the Soviet Union. Journal availability: see SO 507 190. (KC)

  14. THE FUNDAMENTAL RIGHT TO PROTECTION OF HEALTH

    Directory of Open Access Journals (Sweden)

    Cristina Teodora POP

    2015-04-01

    Full Text Available The insurance of the right to protection of health is regulated as obligation of the signatory states in the main international and European documents related to fundamental rights, in the constitutions of these states and in their infra-constitutional laws. In Romania, the right to protection of health is regulated at article 34 of the Fundamental Law, its standards of protection, stipulated in the international and the European acts that our country is part to, obliging the Romanian state, through the constitutional dispositions of article 20 and article 148 paragraph 2, as well. In application of article 34 of the Constitution, there were adopted at national level Law no.95-2006 concerning the reform in the field of health and other normative acts referring to subdomains of public health. A specific form to guarantee the right to protection of health, for each country, is the one realized by criminal law stipulations.

  15. Compulsory Licensing of Journalists: Protection or Restraint? A Discussion on the Inter-American Court of Human Rights' Advisory Opinion on the Costa Rica Case.

    Science.gov (United States)

    Miranda, Patricia

    In 1985 the Inter-American Court of Human Rights ruled that a Costa Rican statute requiring journalists to be licensed violates the American Convention on Human Rights and, by extension, all human rights conventions. Though press freedom advocates hailed it as a major triumph for freedom of expression, the court's ruling was only advisory and has…

  16. The Human Rights of Minority Women:

    DEFF Research Database (Denmark)

    Ravnbøl, Camilla Ida

    2010-01-01

    . These challenges go beyond the Romani issue only and into larger issues of women and minorities. It raises questions as to whether the historical separation between categories of gender and race/ethnicity within the international community in practice has become a gap that isolates Romani women from the human...... rights attention that they claim. It is argued that in order to strengthen the validity of human rights in the lives of Romani women, as a framework that ensures their full and equal protection, special attention needs to be given to interrelated grounds and forms of discrimination. “Intersectionality......This article explores the complexities surrounding the human rights of minority women. With analytical focus on Romani women in Europe it seeks to contribute with new insight into the grey areas of rights issues, where groups within special rights categories share different human rights concerns...

  17. Problems of Translation of Provisions of International Treaties Illustrated by The Example of Article 6 of the European Convention for Protection of Human Rights and Fundamental Freedoms

    Directory of Open Access Journals (Sweden)

    Wrońska Iwona

    2016-06-01

    Full Text Available The subject of these reflections is the analysis of issues concerning language translation of the treaty and connotations connected therewith of the meaning of legal regulations. As an example here one can cite Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, prepared in the two official languages of the Council of Europe, i.e. English and French. The problems of interpretation of Article 6, which regulates the right to a fair trial, resulted from the official translation of the term “prawo do sprawiedliwego procesu sądowego” (the right to a just trial. This triggered a quite widespread discussion in the Polish doctrine as to whether the English term “fair” should be translated as “sprawiedliwy”. Moreover, on the basis of a translation so constructed other proposals of the concept in Article 6 appeared in the literature on the subject, such as “uczciwy” (honest, “słuszny” (right or “praworządny” (lawful trial. The article presents the argumentation of Polish lawyers on adopting the aforementioned terms, demonstrating how the language used in translation of the treaty may affect the accurate understanding of legal terminology.

  18. ‘Fortress Europe’: Compliance of the Dublin II Regulation with the European Convention for the Protection of Human Rights and Fundamental Freedoms

    Directory of Open Access Journals (Sweden)

    Joanna Lenart

    2012-06-01

    Full Text Available Recently, the Dublin II Regulation, a cornerstone of the emerging Common European Asylum System, has been gravely criticised, especially in context of the living conditions and general situation of asylum seekers in Greece. The main concerns regard the potential noncompliance of the Dublin II Regulation with the European Convention on Human Rights ('ECHR', particularly with Article 3 - the prohibition of torture or inhuman or degrading treatment. This article examines the competing views in this respect. It analyses the relationship between EU law and the ECHR, protection of rights of refugees under the 1951 Convention relating to the Status of Refugees and main deficiencies of the Dublin II Regulation. The analysis starts with the non-equivalent protection of asylum seekers throughout the EU and finishes with the very limited definition of a family member and case law relevant to the principle of non-refoulement. This article concludes that the Dublin II Regulation per se cannot be deemed noncompliant with the ECHR. However, it emphasises the urgent need to change relevant legal provisions, or at least enforcement, and proposes possible solutions therein.

  19. Scientific Freedom and Human Rights

    Science.gov (United States)

    Munoz, Elisa

    2000-03-01

    As part of her ongoing work monitoring issues at the intersection of science and human rights, Ms. Munoz has highlighted violations of academic freedom in Serbia and Iran, the denial of visas and travel licenses to U.S. and Cuban scientists, interference with scientific freedom in Brazil, Mexico, Russia, and the Ukraine, the use of organs from executed prisoners in China, legislation jeopardizing women's health in Iran, and the closure of centers for the treatment of torture survivors in Turkey. Such violations contravene international human rights principles listed in the Universal Declaration of Human Rights and other international human rights covenants. Ms. Munoz will describe current violations of scientific freedom and the relevant international principles on which these freedoms rest.

  20. Human Rights and Democratization of the Media

    Directory of Open Access Journals (Sweden)

    Abner Barrera Rivas

    2018-03-01

    Full Text Available This article analyzes the relationship between the freedom of the press, conceived and practiced by the big media, and the human right to an independent and truthful information, as understood and proposed by some international treaties, agreement, conventions and declarations concerning freedom of opinion and freedom of expression as human rights. For this reason are taken into account the controversies aroused by media and some progressive governments in South America in the past fifteen years. The article presents and analyzes arguments advanced with respect to human rights that civil society demands when receiving the information, and the rights big media’s owners hold. Given that private media companies’ priority is profit, the information becomes, then, just another consumer product. It is concluded that this situation is a real problem for the education and configuration of a democratic society, and the proposal is to democratize media to protect the human rights of all.

  1. The Discourse on Human Rights and the International Regime of Human Rights

    Directory of Open Access Journals (Sweden)

    Eyassu Gayim

    2016-11-01

    Full Text Available The international regime of human rights governs the kinds of freedoms, liberties, benefits, autonomy and protection which human beings are entitled to, what kind of obligations we have in this connection and what the roles of states are in recognizing and protecting these rights. Yet, the sources, foundation and justifications for these rights and who we are by nature to deserve some rights has been contentious over the centuries, not least because we live in social context, which requires balancing rights by meeting the broader community interests: political order, stability, and satisfying the general welfare. This paper re-visits the major contentious positions in the discourse on human rights for purposes of explaining how the international community has navigated when shaping the contours of the international regime of human rights. Has this regime endorsed, rejected or avoided some of these positions? Does it follow a clear political ideology?

  2. Specific features of human rights guaranteed by the Aarhus Convention

    Directory of Open Access Journals (Sweden)

    Etinski Rodoljub

    2013-01-01

    Full Text Available The Aarhus Convention legally articulates basic human needs to live in the environment adequate for human health and well-being and to engage in protection and improvement of the environment. It recognized and protected a general human right to adequate environment and three particular rights in environmental matters - to information, to public participation in decision-making and to justice. The Aarhus Convention introduced innovative approach to human rights protection in relation to transboundary issues and legal standing.

  3. The transnational ne bis in idem principle in the EU. Mutual recognition and equivalent protection of human rights

    Directory of Open Access Journals (Sweden)

    John A.E. Vervaele

    2005-12-01

    Full Text Available The deepening and widening of European integration has led to an increase in transborder crime. Concurrent prosecution and sanctioning by several Member States is not only a problem in inter-state relations and an obstacle in the European integration process, but also a violation of the ne bis in idem principle, defined as a transnational human right in a common judicial area. This article analyzes whether and to what extent the ECHR has contributed and may continue to contribute to the development of such a common ne bis in idem standard in Europe. It is also examined whether the application of the ne bis in idem principle in classic inter-state judicial cooperation in criminal matters in the framework of the Council of Europe may make such a contribution as well. The transnational function of the ne bis in idem principle is discussed in the light of the Court of Justice’s case law on ne bis in idem in the framework of the area of Freedom, Security and Justice. Finally the inherent tension between mutual recognition and the protection of human rights in transnational justice is analyzed by looking at the insertion of the ne bis in idem principle in the Framework Decision on the European arrest warrant.

  4. Where Public Health Meets Human Rights

    Science.gov (United States)

    Kiragu, Karusa; Sawicki, Olga; Smith, Sally; Brion, Sophie; Sharma, Aditi; Mworeko, Lilian; Iovita, Alexandrina

    2017-01-01

    Abstract In 2014, the World Health Organization (WHO) initiated a process for validation of the elimination of mother-to-child transmission (EMTCT) of HIV and syphilis by countries. For the first time in such a process for the validation of disease elimination, WHO introduced norms and approaches that are grounded in human rights, gender equality, and community engagement. This human rights-based validation process can serve as a key opportunity to enhance accountability for human rights protection by evaluating EMTCT programs against human rights norms and standards, including in relation to gender equality and by ensuring the provision of discrimination-free quality services. The rights-based validation process also involves the assessment of participation of affected communities in EMTCT program development, implementation, and monitoring and evaluation. It brings awareness to the types of human rights abuses and inequalities faced by women living with, at risk of, or affected by HIV and syphilis, and commits governments to eliminate those barriers. This process demonstrates the importance and feasibility of integrating human rights, gender, and community into key public health interventions in a manner that improves health outcomes, legitimizes the participation of affected communities, and advances the human rights of women living with HIV. PMID:29302179

  5. Political sociology of human rights

    Directory of Open Access Journals (Sweden)

    Mahdi Kazemi

    2014-11-01

    Full Text Available The dominant approach in the field of human rights is Legal attitude. Legal attitude more than anything else on the identification and recognition of human rights by the government is focused. At the same time, governments are the biggest violators of human rights norms. Despite the gap between the legal obligations of states and the real world, legal analysis of this gap is not possible. Therefore, in the era of inflation of rights, according to Louis Henkin , transition needs based approach to the protection of human rights is justified. Social sciences, especially political sociology may be, to identify obstacles to the realization of human rights in different societies and operate it is used. Since the main subject of political sociology "explores the relationship between state and society" is, knowledge can be produced in the field of political sociology in understanding the inability of governments establishing human rights norms and effective ways to fix it. Therefore, it can be said that human rights political sociology focus on: how to advance the state of human rights in a society and its institutionalization and consolidation within all relationships and political processes. رهیافت مسلط در حوزه مطالعات حقوق بشر، نگرش حقوقی است.نگرش حقوقی بیش از هرچیز بر شناسایی و به رسمیت شناختن حقوق بشر توسط دولت‌ها متمرکز است.در عین حال، دولت‌ها خود بزرگترین ناقضین هنجارهای حقوق بشری می‌باشند. با وجود شکاف میان تعهدات حقوقی دولت‌ها و جهان واقعی، تحلیل حقوقی از این شکاف ممکن نیست. لذا، در عصر تورم حقوق به تعبیر هنکین، نیازمند گذار از رهیافت مبتنی بر توجیه به حفاظت از حقوق بشر هستیم. علوم اجتماعی بویژه جامعه

  6. Human rights and conventionality control in Mexico

    Directory of Open Access Journals (Sweden)

    Azul América Aguiar-Aguilar

    2014-12-01

    Full Text Available The protection of human rights in Mexico has, de jure, suffered an important change in the last years, given a new judicial interpretation delivered by the National Supreme Court of Justice that allows the use of conventionality control, which means, that it allows federal and state judges to verify the conformity of domestic laws with those established in the Inter-American Convention of Human Rights. To what extent domestic actors are protecting human rights using this new legal tool called conventionality control? In this article I explore whom and how is conventionality control being used in Mexico. Using N-Vivo Software I reviewed concluded decisions delivered by intermediate level courts (Collegiate Circuit Courts in three Mexican states. The evidence points that conventionality control is a very useful tool especially to defenders, who appear in sentences claiming compliance with the commitments Mexico has acquired when this country ratified the Convention.

  7. Labour Rights Protection in Industrial Relations Issues

    Directory of Open Access Journals (Sweden)

    Eko Adi Susanto

    2015-12-01

    Full Text Available Many violations of the terms of employment at Surabaya, employment protection  and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015. Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2, 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78

  8. The protection of the rights of children in armed conflict

    OpenAIRE

    Matouk Abdelnaby , Mayssa ,

    2017-01-01

    The protection of children's rights a victim of armed conflict is a recent and current problem which is based on the evolution of human rights and the changing nature of conflicts. It raises the question of the existence of an international legal framework consisting capable of providing protection and assistance to child plagued by hostilities. On this point, it appears that international law provides a set of legal mechanisms applicable to the child, whether direct or indirect victim of the...

  9. Protecting digital rights in Pakistan | IDRC - International ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    2017-02-13

    Feb 13, 2017 ... The annual prize is awarded by the Dutch government to human rights ... a growing social conservatism that prizes whatever form of stability is promised. ... is difficult, made worse by increasing social and political instability.

  10. "Taking the human out of human rights" human rights or group rights?

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    Bojanić Petar

    2015-01-01

    Full Text Available What interest me are the reasons why “human” or “human rights” could be important or possibly most important in constituting a group (hence the introduction of the complicated word “group” and “group right(s” in the subtitle. If I had to justify the existence of the latest debates on nature, justification and universality of human rights, on their distinction from other normative standards, on the philosophy and (legal foundation of human rights, on “Human Rights without (or with Foundations” (Raz, Tasioulas, Besson, then I would immediately conclude that this “process of grandiose concretization” of a complete fabrication is far from over. Despite the innumerable pacts and international conventions established after World War II, the slew of obligations to which states have agreed in the last few decades, the establishment of rights to secession or humanitarian intervention it is as if the constitution of classification of basic human rights and their universality is far from over. [Projekat Ministarstva nauke Republike Srbije, br. 43007

  11. Human Rights in the West

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    Jorgen S. Nielsen

    1996-12-01

    Full Text Available One of the areas of conflict between Islam and the West in today’s world is the concern for human rights. This has sometimes been criticized in the Muslim world as a form of neo-imperialism. It is therefore necessary to understand the various dimensions of human rights, and the various phases through which this concern has grown. In the earliest form, it was an assertion of the rights of the landed aristocracy against those of the monarch. The French revolution, with its emphasis on "liberty, equality and fraternity," for all individuals, provided another dimension. There were many occasions on which individual and organized religion came into conflict during the Middle Ages. The experience of World War II, particularly the atrocities of the Nazis, led to the internationalization of individual rights.

  12. nternational protection of mother and child rights

    Directory of Open Access Journals (Sweden)

    Liliana CREANGĂ

    2017-12-01

    Full Text Available Towards the end of the 20th century, the protection of mother and child’s rights has evolved from some national regulations to international regulations – a delayed remedy for flagrant and persistent abuse on the child and woman. In this sense, international law starts from recognizing the child and the woman as subjects of law, and as such, their ability to enjoy all civil, political, cultural, economic, social rights, etc. At the same time, the particularities of child – becoming a person (i.e. the lack of discernment and intellectual maturity, which limits his / her legal competence, – and women-mothers (with specific psycho-physiological are underlined. This requires the establishment and regulation of certain assistance, protection and care measures, as well as of some institutions through which they would be able to harness their rights without being in any way harmed or injured.

  13. The right choice of antihypertensives protects primary human hepatocytes from ethanol- and recombinant human TGF-β1-induced cellular damage

    Directory of Open Access Journals (Sweden)

    Ehnert S

    2013-03-01

    damage, except for furosemide, which had no effect. As a common mechanism, all antihypertensives increased heme-oxygenase-1 (HO-1 expression, and inhibition of HO-1 activity reversed the protective effect of the drugs. Interestingly, Smad3/4 signaling was reduced by all compounds except furosemide, which even enhanced this profibrotic signaling. This effect was mediated by expressional changes of Smad3 and/or Smad4.Conclusions: Our results suggest that antihypertensives may both positively and negatively influence chronic liver disease progression. Therefore, we propose that in future patients with ALD and high blood pressure, they could benefit from an adjusted antihypertensive therapy with additional antifibrotic effects.Keywords: primary human hepatocytes, alcoholic liver disease, ethanol, TGF-β1, antihypertensives

  14. Human Rights, Human Needs, Human Development, Human Security

    OpenAIRE

    Gasper, Des

    2009-01-01

    Human rights, human development and human security form increasingly important, partly interconnected, partly competitive and misunderstood ethical and policy discourses. Each tries to humanize a pre-existing and unavoidable major discourse of everyday life, policy and politics; each has emerged within the United Nations world; each relies implicitly on a conceptualisation of human need; each has specific strengths. Yet mutual communication, understanding and co-operation are deficient, espec...

  15. Nutrition, health and human rights.

    Science.gov (United States)

    Brundtland, G H

    1999-07-01

    This paper presents the speech delivered by Gro Harlem Brundtland, Director-General of WHO, on issues related to nutrition from a health and a human rights perspective. According to Brundtland, nutrition is a universal factor that both affects and defines the health of all people. It affects not only growth and physical development of a child, but also his cognitive and social development. However, inequity, poverty, underdevelopment, as well as inadequate access to food, health and care still exist which have resulted to the deaths of millions of children and left many more suffering from diseases. Poverty has also been identified as the main obstacle to the attainment of health. The existence of structural poverty and ill health eventually leads to poor development, which includes poor nutrition, poor health, and poor human rights. The impact of poverty on health is further worsened by discrimination on the basis of race, color, sex, language, or religion. To address this issue, the WHO will renew their focus on the political and legal links between health and human rights. A human rights perspective provides the international community with an opportunity to support the development of public health policies and practices that promote healthy nutrition as a center of all social and economic development.

  16. Poverty, disability and human rights

    Directory of Open Access Journals (Sweden)

    Beatriz Martínez Ríos

    2013-07-01

    Full Text Available It is estimated that persons with disabilities represent 15% of the world population. There is a strong link between poverty and disability. Population with disabilities is among the most disadvantaged and discriminated. However, development economic theories have forgotten essential matters about this population, contributing towards their invisibility and poverty. The Capability Approach from a Human Rights based approach brings us a new dimension. The extraordinary costs that arise from a disability and from the psychological, physical and social barriers that persons with disabilities face, contribute to their poverty, lack of freedom and vulneration of human rights, as put forward by current studies on this subject. International co-operation becomes a very valuable tool to be used for the promotion of the rights of persons with disabilities and overcoming poverty.

  17. The Right of the Child to Information: The Role of Public Libraries in Human Rights Education.

    Science.gov (United States)

    Koren, Marian

    Information and education are crucial for child development. The child's right to information and education protect human values and the human dignity of the child. Formal and non-formal forms of education by parents, friends, schools, and libraries should be based on human rights. The United Nations (UN) Convention on the Rights of the Child…

  18. Speaking Truth to Power: Women's Rights as Human Rights

    Science.gov (United States)

    Crocco, Margaret Smith

    2007-01-01

    The author considers the treatment of women's rights as human rights in the social studies curriculum. She discusses the role of the United Nations in promoting women's rights since the adoption of the Universal Declaration of Human Rights in 1948. She also reviews the treatment of women's rights within social studies curriculum today through a…

  19. Human Rights Act, 12 February 1987.

    Science.gov (United States)

    1987-01-01

    This document reprints major provisions of the Yukon's (Canada) 1987 Human Rights Act. The Act furthers the public policy that every individual is free and equal in dignity and rights, seeks to discourage and eliminate discrimination, and promotes the underlying principles of Canadian and international human rights instruments. Part 1 contains a Bill of Rights that protects the right to freedom of: 1) religion and conscience, 2) expression, 3) assembly and association, and 4) to enjoyment and disposition of property. Part 2 prohibits discrimination based on ancestry (including color and race), national origin, ethnic or linguistic background or origin, age, sex (including pregnancy), and marital or family status. Discrimination is also prohibited when offering services, goods, or facilities to the public; in connection with employment; in connection with membership in trade unions or trade, occupational, or professional associations; and in negotiation or performance of public contracts. The Bill of Rights lists reasonable causes for discrimination as well as exemptions, including preferential treatment for organization or family members or employment in a private home. Special programs and affirmative action programs are specifically not considered discrimination under this Act. The Act sets forth rules for providing equal pay for work of equal value and creates a Yukon Human Rights Commission to promote human rights and assist adjudication of complaints.

  20. Right-handed fossil humans.

    Science.gov (United States)

    Lozano, Marina; Estalrrich, Almudena; Bondioli, Luca; Fiore, Ivana; Bermúdez de Castro, José-Maria; Arsuaga, Juan Luis; Carbonell, Eudald; Rosas, Antonio; Frayer, David W

    2017-11-01

    Fossil hominids often processed material held between their upper and lower teeth. Pulling with one hand and cutting with the other, they occasionally left impact cut marks on the lip (labial) surface of their incisors and canines. From these actions, it possible to determine the dominant hand used. The frequency of these oblique striations in an array of fossil hominins documents the typically modern pattern of 9 right- to 1 left-hander. This ratio among living Homo sapiens differs from that among chimpanzees and bonobos and more distant primate relatives. Together, all studies of living people affirm that dominant right-handedness is a uniquely modern human trait. The same pattern extends deep into our past. Thus far, the majority of inferred right-handed fossils come from Europe, but a single maxilla from a Homo habilis, OH-65, shows a predominance of right oblique scratches, thus extending right-handedness into the early Pleistocene of Africa. Other studies show right-handedness in more recent African, Chinese, and Levantine fossils, but the sample compiled for non-European fossil specimens remains small. Fossil specimens from Sima del los Huesos and a variety of European Neandertal sites are predominately right-handed. We argue the 9:1 handedness ratio in Neandertals and the earlier inhabitants of Europe constitutes evidence for a modern pattern of handedness well before the appearance of modern Homo sapiens. © 2017 Wiley Periodicals, Inc.

  1. Human Rights and Indigenous Peoples

    Directory of Open Access Journals (Sweden)

    Garth Nettheim

    2009-09-01

    Full Text Available The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition. In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been limited progress to meet these aspirations. And Australian law still lacks a tradition of recognition of human rights generally, let alone Indigenous rights. International law, too, largely lacked recognition of human rights, generally prior to the adoption in 1945 of the Charter of the United Nations. The brief references in the Charter were subsequently developed in a range of declarations and of treaties. These applied to people generally, with scant reference to Indigenous peoples. But, since the 1970s, there has been growing international recognition of the rights of Indigenous peoples under existing declarations and treaties. Since the 1990s, in particular, the UN system has established specific mechanisms for addressing such issues. On 13 September 2007, the General Assembly finally adopted a Declaration on the Rights of Indigenous Peoples.

  2. Comment: The Normative Framework of the African Human Rights ...

    African Journals Online (AJOL)

    political landscape of the continent. The protection of minorities is without doubt crucial to securing sustainable peace, economic development as well as protection and enforcement of human rights. Even though domestic mechanisms of ...

  3. From humanitarianism to human rights

    DEFF Research Database (Denmark)

    Wilson, Fiona

    2006-01-01

    The chapter is a critical enquiry into 'aid models' as currently used by donor agencies and the implications for local aid workers and beneficiaries when the aid model, together with concepts and buzz words, are changed by 'top' management. The chapter examines the particular case of an aid progr...... programme in Ethiopia that incorporates seven NGOs, is funded by the Danish bilateral agency (Danida), and has moved from a focus on food security to livelihoods and then to human rights....

  4. An African Perspective on Human Rights.

    Science.gov (United States)

    Shiman, David

    1992-01-01

    Presents a series of classroom activities comparing differing views of human rights in the United Nations Universal Declaration of Human Rights and the African Charter on Human and People's Rights. Includes excerpts from the African Charter on Human and People's Rights and the full text of the Universal Declaration of Human Rights. (CFR)

  5. The World War II Era and Human Rights Education

    Science.gov (United States)

    Waters, Stewart; Russell, William B., III

    2012-01-01

    International revulsion at the violation of human rights during World War II helped spark a global movement to define and protect individual human rights. Starting with the creation of war crimes tribunals after the war, this newfound awareness stimulated a concerted international effort to establish human rights for all, both in periods of war…

  6. Health and human rights a South African perspective.

    Science.gov (United States)

    Naidoo, Sudeshni

    2014-01-01

    General statements of basic entitlements are established as a guide for potential laws and regulations protecting human rights. Human rights are those claimed to belong to every individual regardless of nationality or position within society. The historical evolution of human rights relative to health in the Republic of South Africa is discussed.

  7. Human Rights and Health Services

    DEFF Research Database (Denmark)

    Skitsou, Alexandra; Bekos, Christos; Charalambous, George

    2016-01-01

    Background: It has been observed that health services provided to certain patients in Cyprus do not fully meet their human rights. Objective: This study was conducted to identify the main shortcomings of the Health System in Cyprus. Methodology: The relevant administrative decisions of the Ombuds......Background: It has been observed that health services provided to certain patients in Cyprus do not fully meet their human rights. Objective: This study was conducted to identify the main shortcomings of the Health System in Cyprus. Methodology: The relevant administrative decisions...... and their families to be essential. Conclusions: The paper concludes that implementing guidelines in accordance with international best practices, the establishment of at-home treatment and nursing facilities, counseling the mentally ill in a way that promotes their social integration and occupational rehabilitation......, ongoing education of health professionals along with relevant education of the community and the broad application of triage in the emergency departments will all contribute to delivering health services more effectively. Keywords: Cyprus, health services, patient rights...

  8. strategies for implementing human rights education in nigeria

    African Journals Online (AJOL)

    Human rights education is one of the new courses introduced into the school curriculum. It improves the ... tolerance, gender equality and friendship ... protecting the rights of the subjects. (Beitxer ... They also help to provide guidelines and.

  9. Minority Protection in the European Union: From Economic Rights to the Protection of European Values

    NARCIS (Netherlands)

    Versteegh, C.R.M.

    2015-01-01

    Minority protection did not receive attention in the original EC treaty of 1956. The concept of nondiscrimination of laborers and later of EU citizens became the cornerstone for minority protection. Gradually the EU became familiar with the concept of human rights because of judgments of the

  10. Bioethics, Human Rights, and Childbirth.

    Science.gov (United States)

    Erdman, Joanna

    2015-06-11

    The global reproductive justice community has turned its attention to the abuse and disrespect that many women suffer during facility-based childbirth. In 2014, the World Health Organization released a statement on the issue, endorsed by more than 80 civil society and health professional organizations worldwide.The statement acknowledges a growing body of research that shows widespread patterns of women's mistreatment during labor and delivery-physical and verbal abuse, neglect and abandonment, humiliation and punishment, coerced and forced care-in a range of health facilities from basic rural health centers to tertiary care hospitals. Moreover, the statement characterizes this mistreatment as a human rights violation. It affirms: "Every woman has the right to the highest attainable standard of health, which includes the right to dignified, respectful health care throughout pregnancy and childbirth."The WHO statement and the strong endorsement of it mark a critical turn in global maternal rights advocacy. It is a turn from the public health world of systems and resources in preventing mortality to the intimate clinical setting of patient and provider in ensuring respectful care. Copyright 2015 Erdman. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  11. Child feeding and human rights

    Directory of Open Access Journals (Sweden)

    Kent George

    2006-12-01

    Full Text Available Abstract Background The human right to adequate food needs to be interpreted for the special case of young children because they are vulnerable, others make the choices for them, and their diets are not diverse. There are many public policy issues relating to child feeding. Discussion The core of the debate lies in differences in views on the merits of infant formula. In contexts in which there is strong evidence and a clear consensus that the use of formula would be seriously dangerous, it might be sensible to adopt rules limiting its use. However, until there is broad consensus on this point, the best universal rule would be to rely on informed choice by mothers, with their having a clearly recognized right to objective and consistent information on the risks of using different feeding methods in their particular local circumstances. Summary The obligation of the state to assure that mothers are well informed should be viewed as part of its broader obligation to establish social conditions that facilitate sound child feeding practices. This means that mothers should not be compelled to feed in particular ways by the state, but rather the state should assure that mothers are supported and enabled to make good feeding choices. Thus, children should be viewed as having the right to be breastfed, not in the sense that the mother is obligated to breastfeed the child, but in the sense that no one may interfere with the mother's right to breastfeed the child. Breastfeeding should be viewed as the right of the mother and child together.

  12. Do cultural diversity and human rights make a good match?

    Science.gov (United States)

    Donders, Yvonne

    2010-01-01

    The link between cultural diversity and human rights was clearly established by the Universal Declaration on Cultural Diversity, adopted by the member states of UNESCO in 2001, which holds that "the defence of cultural diversity is … inseparable from respect for human dignity" and that it "implies a commitment to human rights and fundamental freedoms." The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in 2005, states that "cultural diversity can be protected and promoted only if human rights and fundamental freedoms … are guaranteed" (Article 2[1]). The precise relationship between cultural diversity and human rights, however, is not clarified and thus leaves room for further exploration. This contribution analyses the issues surrounding the relationship between cultural diversity and human rights, in particular cultural rights. Firstly, it addresses general human rights issues such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, it explores the scope of cultural rights, as well as the cultural dimension of human rights. Thirdly, several cases are discussed in which human rights were invoked to protect cultural interests, confirming the value of cultural diversity. Finally, some concluding remarks are presented, indicating which areas require attention in order to further improve the promotion and protection of human rights in relation to cultural diversity.

  13. [THE OPTIMIZATION OF THE ACTIVITY OF ORGANS OF FEDERAL SERVICE FOR SUPERVISION OF CONSUMER RIGHTS PROTECTION AND HUMAN WELFARE IN THE SVERDLOVSK REGION].

    Science.gov (United States)

    Kuz'min, S V; Gurvich, V B; Romanov, S V; Dikonskaia, O V; Iarushin, S V; Malykh, O L

    2015-01-01

    In the Sverdlovsk region there have developed and implemented methodological approaches to the optimization oj the activity of the Directorate and the Centre directed to the improvement of the sanitary and epidemiological surveillance and in the sphere of the protection of the rights of consumers in the framework of the development of an comprehensive regional system of risk management for the population's health in the Sverdlovsk region.

  14. The life and times of religion and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de; Salih, Mohamed

    2003-01-01

    Seen from a human perspective and as communal protection of human dignity, human rights are universal challenges to which all major traditions of the human family have subscribed. However, ways and means as to the realisation of this universal human ideal have been subject to controversy because of

  15. Working together for health and human rights.

    Science.gov (United States)

    Sidel, V W

    2000-01-01

    The right to a standard of living adequate for health and well-being is being denied to vast numbers of people all over the world through increasing disparities in income and in wealth. In the name of economic development, a number of international and national policies have increased the grossly uneven distribution of income, with ever-growing numbers of people living in poverty as well as in increasing depths of poverty. Globalization, crippling levels of external debt, and the 'structural adjustment' policies of international agencies have expanded the numbers and the suffering of people living in poverty and have resulted in the neglect of government-funded social programs, of regulations protecting the environment, and of human development. Access to medical care, an essential element in the protection of health, is difficult for many, including the 44 million people in the United States who lack insurance coverage for the cost of medical care services. Working together for health and human rights also requires promotion of the right to peace. The right to life and health is threatened not only by the existence and active deployment of weapons of mass destruction, including nuclear, chemical and biological weapons and anti-personnel landmines, but also other weapons. The twentieth century has been the bloodiest in human history, with an estimated 250 wars, more than 110 million people killed, countless people wounded and at the least 50 million refugees. Health workers must work together with people in our communities for the promotion of health and human rights, which, in Sandwell and elsewhere, are inextricably intertwined.

  16. Human rights literacy: Moving towards rights-based education and ...

    African Journals Online (AJOL)

    Hennie

    Edu-HRight Research Unit, Faculty of Education Sciences, North-West University Potchefstroom Campus, ... Finally, recommendations are made regarding human rights and rights-based .... serve as guidelines for our actions and attitudes.

  17. Children's rights, international human rights and the promise of ...

    African Journals Online (AJOL)

    Children's rights, international human rights and the promise of Islamic legal theory. ... Law, Democracy & Development ... law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child.

  18. Climate Change, Human Rights, and Social Justice.

    Science.gov (United States)

    Levy, Barry S; Patz, Jonathan A

    2015-01-01

    The environmental and health consequences of climate change, which disproportionately affect low-income countries and poor people in high-income countries, profoundly affect human rights and social justice. Environmental consequences include increased temperature, excess precipitation in some areas and droughts in others, extreme weather events, and increased sea level. These consequences adversely affect agricultural production, access to safe water, and worker productivity, and, by inundating land or making land uninhabitable and uncultivatable, will force many people to become environmental refugees. Adverse health effects caused by climate change include heat-related disorders, vector-borne diseases, foodborne and waterborne diseases, respiratory and allergic disorders, malnutrition, collective violence, and mental health problems. These environmental and health consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected by climate change than high-income countries, which produce substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income countries. Adaptation and mitigation measures to address climate change needed to protect human society must also be planned to protect

  19. The Universal Declaration of Human Rights

    Science.gov (United States)

    Landorf, Hilary

    2012-01-01

    A study of human rights prepares students for their role as global citizens and their study of practices in the world's countries that relate to the rights of human beings. Today, when one talks of human rights it is usually with reference to the 1948 Universal Declaration of Human Rights (UDHR). It is the task of teachers to give students the…

  20. Teaching Strategy: Using the Human Rights Poster.

    Science.gov (United States)

    Update on Law-Related Education, 1998

    1998-01-01

    Describes a lesson focusing on a human-rights poster that provides visual reinforcement of the second article of the Universal Declaration of Human Rights that enforces freedom from discrimination. Presents students with examples of human-rights situations to assist them in understanding that all people are entitled to human rights. (CMK)

  1. EU Law Autonomy Versus European Fundamental Rights Protection

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2015-01-01

    In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

  2. The Property Right and the Requirements of Environmental Protection

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2014-11-01

    Full Text Available The environmental protection has lately become an essential component of the concept of sustainable development, along with the economic, social and cultural components. Being an objective of public interest, the environmental protection and conservation are essential to ensure the habitat necessary for continuing the human existence. Considering this aspect, the limitation of ownership required by certain laws has both a social and moral justification, the environmental protection having a direct link with the level of public health, which is a value of national interest. The legal limits of the ownership are restrictions brought by the law, considering aspects regarding the general interest of society. In this article we intend to emphasize, on the analysis and comparison of legislation and case law, the nature of the relationship between ownership of property and environmental rights, as well as the limitations of property rights in favor of environmental protection. As a conclusion, the environmental easements meet a wide national and international recognition and guarantee, the holder of the property having to exercise it in the interest of the whole community, including the protection and conservation of the environment. At the same time, we must consider that the right to property and environment are fundamental rights guaranteed by the Romanian Constitution itself, which makes us conclude that they converge and mutually enrich across the fundamental duties as well.

  3. FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

    OpenAIRE

    Clara Staples

    2016-01-01

    This paper will firstly examine the International framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the International human rights law framework. Thirdly it will consider the impact of Indonesia's constitutional law and criminal and civil law, includin...

  4. Human Rights, Mineral Rights and Corporate Social Responsibility ...

    African Journals Online (AJOL)

    This view of the company is often described under the concept of corporate social responsibility. This Paper assesses the nature of corporate social responsibility in Ghana primarily focusing on the mining industry. The Paper outlines the various human rights and mineral rights in Ghana and the effects of mining on human ...

  5. Misconceptions about Human Rights and Women's Rights in Islam

    Science.gov (United States)

    Syed, Khalida Tanvir

    2008-01-01

    This paper aims to clarify three current misconceptions about the Islamic faith and issues of human rights and women's rights in the West. The first misconception is that Muslims are terrorists because they believe in Jihad. It is factually the case that Islamic teachings stress the value of peace and prosperity for all human beings. The second…

  6. HUMAN RIGHTS AND NIGERIAN PRISONERS--ARE PRISONERS NOT HUMANS?

    Science.gov (United States)

    Joshua, I A; Dangata, Y Y; Audu, O; Nmadu, A G; Omole, N V

    2014-12-01

    In Nigeria, just like in many other parts of the world, one of the most extensively discussed issues on the public agenda today is the increase in prison population. The aims of imprisonment are protection, retribution, deterrence, reformation and vindication. Investigations revealed that the prison services have been,neglected more than any other criminal justice agency in Nigeria. For example, most of the prisons were built during the colonial era for the purpose of accommodating a small number of inmates. Human Rights are the basic guarantees for human beings to be able to achieve happiness and self-respect; consequently, in most jurisdictions, the Human Rights Act confirms that these Rights do not stop at the prison gates. However, most States fail to meet the Human Rights obligations of their prisoners. As regards to health, for example, every prison should have proper health facilities and medical staff to provide dental and psychiatric care among others. This article discusses the Nigerian Prison System and challenges, trends and the related Human Rights and Ethical issues in Nigerian prisons. Some of the unmet needs of Nigerian prisoners which include, inter alia, living in unwholesome cells, delayed trial of inmates, lack of voting rights, access to information, lack of conjugal facilities for married prisoners, poor and inadequate nutrition, poor medical care, torture, inhumane treatment and the need to protect prisoners in a changing world. The present report has policy implications for reforming prison services in Nigeria, and countries that sing from the same song sheet with Nigeria on prison services, to conform to the Fundamental Human Rights of prisoners in the 21St century.

  7. Child rights, right to water and sanitation, and human security.

    Science.gov (United States)

    Pink, Ross

    2012-06-15

    The article explores the intersection between child rights, water scarcity, sanitation, and the human security paradigm. The recognition of child rights has been advanced through the 1989 Convention on the Rights of the Child and other international legal instruments, while water rights are increasingly affirmed in international law and through the historic July 2010 United Nations General Assembly resolution that strengthened the legal foundation for water security and human rights. Yet there remains a development gap in terms of child access to clean and secure water sources for basic human development needs. The human security paradigm provides a legal and humanitarian foundation for the extension of child rights related to water and sanitation. Copyright © 2012 Pink.

  8. STATE RESPONSIBILITY FOR PROTECTION AGAINST DOMESTIC VIOLENCE: THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECISION IN LENAHAN (GONZALES AND ITS APPLICATION IN CANADA

    Directory of Open Access Journals (Sweden)

    Jennifer Koshan

    2012-02-01

    Full Text Available In August, 2011, the Inter-American Commission on Human Rights released its decision in Jessica Lenahan (Gonzales v United States, a case concerning states’ obligations to use due diligence in responding to domestic violence. The IACHR found that the United States had breached several articles of the American Declaration of the Rights and Duties of Man for failing to protect Lenahan and her children from domestic violence, and made wide-reaching recommendations at both the individual and systemic level. This comment will discuss the IACHR decision in Lenahan and analyze its implications for Canada’s compliance with its international obligations towards domestic violence in the judicial, legislative and policy spheres. Focusing on the concept of access to justice as articulated by the IACHR, the analysis will show that Canada may be in violation of its obligations for failing to provide access to justice in the context of domestic violence, and otherwise in violation of its due diligence obligations under international law. En août 2011, la Commission interaméricaine des droits de l’homme [CIDH] rendait sa décision dans l’affaire Jessica Lenahan (Gonzales c. les États-Unis, cas ayant trait à l’obligation des États de faire preuve d’une diligence raisonnable dans ses interventions en matière de violence familiale. La CIDH a conclu que les États-Unis avaient contrevenu à plusieurs articles de la Déclaration américaine des droits et devoirs de l’homme, étant donné qu’ils n’avaient pas protégé Mme Lenahan et ses enfants contre des actes de violence familiale. Elle a formulé des recommandations d’une grande portée tant au plan individuel que systémique. Le présent commentaire porte sur la décision de la CIDH dans l’affaire Lenahan et présente une analyse des répercussions de cette décision en ce qui concerne le respect par le Canada de ses obligations internationales à l’égard de la violence familiale

  9. Protecting the rights of people with HIV. Tanzania.

    Science.gov (United States)

    Temba, P

    1997-04-01

    In Tanzania, preliminary efforts are underway to protect the human rights of people with HIV/AIDS. Tanzania, which has been criticized for failing to recognize human rights abuses against people with HIV/AIDS, is the 15th country in sub-Saharan Africa to establish a regional network of physicians, lawyers, and nongovernmental organizations seeking to protect the rights of people with HIV/AIDS and those vulnerable to the infection with appropriate legislation and policies. Discrimination, which hastens spread of the disease by forcing it underground, is found even among medical personnel who disclose patient information without consent or refuse to treat patients with HIV/AIDS. Certain laws also compromise the rights of infected people by requiring physicians to tender medical reports before the courts, permitting employers to force employees to undergo HIV testing, or requiring rape victims to provide an excessive burden of proof. Participants at a recent workshop recommended a review of national AIDS policy and changes in the law. A computer database will be used to track HIV/AIDS-related human rights abuses in Tanzania.

  10. Human rights literacy: Moving towards rights-based education and ...

    African Journals Online (AJOL)

    Our theoretical framework examines the continual process of moving towards an open and democratic society through the facilitation of human rights literacy, rights-based education and transformative action. We focus specifically on understandings of dignity, equality and freedom, as both rights (legal claims) and values ...

  11. Web Resources for Teaching about Human Rights

    Science.gov (United States)

    Merryfield, Merry M.; Badang, Germain; Bragg, Christina; Kvasov, Aleksandr; Taylor, Nathan; Waliaula, Anne; Yamaguchi, Misato

    2012-01-01

    The study of human rights is inseparable from social studies. Beyond the basic political, economic, and social freedoms and rights spelled out in The Universal Declaration of Human Rights, hundreds of specialized topics have developed that demonstrate the complex nature of human rights in the twenty-first-century world--environmental exploitation…

  12. The Prisoners' Rights Protection in Indonesia Law System of Justice

    Directory of Open Access Journals (Sweden)

    Haidan Haidan

    2016-03-01

    Full Text Available The aim of the paper is to examine the provision of the prisoner’s rights protection in Indonesia law system of justice and its relation to the exemption conditional (EC in correctional institution. As an important issue, here is if the defendant override rules associated with the controversial issue in society, they will both at national and international level, such as human rights issues. The case was appeared recently, especially in the connection with the cases of exemption conditional, i.e. Pollycarpus Budihari Priyanto’s case. The case has become the center of public attention, especially after release of the Ministry of Law and Human Rights, who has been freeing the prisoners that related to the homicides Human Rights Activists (HRA i.e Munir Said Thalib. In the community, this decision raises the pro and contra. This paper concludes that all persons deprived of their liberty will be treated with humanity and guaranteed them with respect for the inherent dignity of the human person to be in accordance with the existing rules. In this case, the government of Indonesia has given the rights of prisoners through the stages of development of the inmates according to the stage of the penal process that refers to laws and regulations and implementation of technical regulations. The paper also recommends that the need for the government to deliver data either traditionally or electronically linked plan of exemption conditional.

  13. Human dignity and human rights in bioethics: the Kantian approach.

    Science.gov (United States)

    Rothhaar, Markus

    2010-08-01

    The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the "pro life"-side of the controversy. This, however, is the result of some specific implications of Kant's transcendental approach that may be put into question.

  14. The protection of the contributive capacity of taxes by the international human rights A proteção da capacidade contributiva tributária pelos direitos humanos internacionais

    Directory of Open Access Journals (Sweden)

    Érico Hack

    2007-12-01

    Full Text Available This article analyses the principle of contributive capacity applied to the tax payment, and its protection by the regional systems of human rights. At first, the principle is analysed, as well as the limits imposed by it, pointing the tax payer´s rights that derivate from it. Then, it show how the human rights conventions protect this principle and the limits to the taxation.Este artigo analisa o princípio da capacidade contributiva que deve reger a tributação e sua proteção pelos sistemas regionais dos direitos humanos. Inicialmente analisa-se o princípio e seus limites, apontando os direitos dos contribuintes que surgem dele. Após, analisa-se de que forma tal princípio e os limites respectivos são protegidos pelos sistemas regionais de proteção aos direitos humanos.

  15. Women's Rights, Human Rights, and Duties: From Domination to Partnership

    Directory of Open Access Journals (Sweden)

    Lester R. Kurtz

    2017-03-01

    Full Text Available The idea of women's rights as human rights can facilitate our identifying the causes, consequences, and potential remedies for the current quagmire in which we find themselves, but it needs some reformulation. To the traditional understandings of human rights, I add four conceptual tools: (1 Mahatma Gandhi’s idea of the counterparts of rights and duties, (2 Eisler’s concept of partnership (as opposed to dominator societies, (3 Johan Galtung’s expansion of our conception of violence to include its structural and cultural forms, and, finally, (4 the literature on nonviolence as a path to mobilization and transformation that resists existing social structures and builds new ones.

  16. Safe water: an enquiry into water entitlements and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    Privatisation of water delivery is a human rights issue in two distinct ways. Firstly, it implies an institutional change that will tend to impinge on existing access to water. While basic water entitlements are supposed to be protected by human rights law, this is likely to influence

  17. The world trade organisation and Human Rights: The role of ...

    African Journals Online (AJOL)

    This contribution attempts to make clear what these activities are and how they may affect the protection of human rights. The implementation of good governance principles in international organisations can be considered a sine qua non for the realisation of human rights. Therefore, it will be examined what role the ...

  18. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  19. US Human Rights Conduct and International Legitimacy

    DEFF Research Database (Denmark)

    Keating, Vincent Charles

    Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush...... nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights....

  20. Human Rights in Indonesian Constitutional Amendments

    OpenAIRE

    Kharlie, Ahmad Tholabi

    2013-01-01

    Human Rights in Indonesian Constitutional Amendments. Indonesian constitutional amendments incorporated human rights principles into the Constitution of the Republic of Indonesia 1945 (UUD NRI), especially in the second amendment in 2000. Under that amendment, the UUD NRI currently stipulates human rights principles as provided for in the Universal Declaration of Human Rights (UDHR). However, there are some important notes, which at its core is a lack of emphasis on the vision and mission of ...

  1. The Political Sociology of Human Rights

    OpenAIRE

    Nash, Kate

    2015-01-01

    The language of human rights is the most prominent 'people-centred' language of global justice today. This textbook looks at how human rights are constructed at local, national, international and transnational levels and considers commonalities and differences around the world. Through discussions of key debates in the interdisciplinary study of human rights, the book develops its themes by considering examples of human rights advocacy in international organisations, national states and local...

  2. Women's Rights in Human Rights Systems: Past, Present and Future ...

    African Journals Online (AJOL)

    Abstract. In the 2009 Dullah Omar Memorial Lecture, United Nations High Commissioner for Human Rights Navanethem Pillay contextualises many of the issues facing women that were raised in earlier articles.

  3. NGO Duties in Relation to Human Rights

    NARCIS (Netherlands)

    Philips, J.P.M.|info:eu-repo/dai/nl/298979446

    2010-01-01

    This paper investigates the moral duties that human rights NGOs, such as Amnesty International, and development NGOs, such as Oxfam, have in relation to human rights – especially in relation to the human right to a decent standard of living. The mentioned NGOs are powerful new agents on the global

  4. Remembering a sociology of Human Rights

    OpenAIRE

    Levy, Daniel; Sznaider, Natan

    2014-01-01

    A sociology of human rights sounds almost like a contradiction in terms. Sociology is about social groups, about particular experiences, about how people, embedded in space and time, make sense of their lives and give meaning to their world. It deals with power and interest and the social bases of our experiences. On the other hand, human rights are about human beings in general, without temporal or spatial references, not about groups and their boundaries. Human rights are about humanity, lo...

  5. Human rights abuses and concerns about women's health and human rights in southern Iraq.

    Science.gov (United States)

    Amowitz, Lynn L; Kim, Glen; Reis, Chen; Asher, Jana L; Iacopino, Vincent

    2004-03-24

    rights to refuse sex. Half of women and men (54% and 50%, respectively) reported agreeing that a man has the right to beat his wife if she disobeys. Fifty-three percent of respondents reported that there were reasons to restrict educational opportunities for women at the present time and 50% reported that there were reasons to restrict work opportunities for women at the present time. Nearly half of participating households in 3 southern cities in Iraq reported human rights abuses among household members between 1991 and 2003. The households surveyed supported a government that will protect and promote human rights, including the rights of women. However, currently, neither men nor women appear to support a full range of women's human rights.

  6. [Difficulties of the negotiation process of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the application of biology and medicine (and a call for its adhesion)].

    Science.gov (United States)

    de Alba Ulloa, Jessica

    2012-01-01

    Making an attempt to frame the controversial topic of bioethics within international law and with the aim of watching over the society, the Council of Europe elaborated the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the application of biology and medicine. The instrument, which came into force 12 years ago, is opened to all countries but only 29 states have ratified it. This legal document represents the base of a universal legislation on the subject. The present article examines the origin of the Convention, its process and evolution. It analyses the intense debates with regard to the human dignity, the freedom of science, the beginning of life, among others; equally it explores the interests at stake within the convention, whether political, moral, scientific, and economic, at the moment of its draft and in the present. Finally, the article analyses the possibility of the adoption of the Convention by the Mexican government. It concludes on the effectiveness of the international law of bioethics, and calls for the need that the Convention be used as a base for universal legislation.

  7. Food Prints on Human Rights Law Paradigms

    NARCIS (Netherlands)

    Meulen, van der B.M.J.; Ratescu, I.

    2014-01-01

    This article discusses the interaction between the development of the doctrine on human rights, in general, and on the right to food, in particular. In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights, which listed the rights that were considered to

  8. Human rights barriers for displaced persons in southern Sudan.

    Science.gov (United States)

    Pavlish, Carol; Ho, Anita

    2009-01-01

    This community-based research explores community perspectives on human rights barriers that women encounter in a postconflict setting of southern Sudan. An ethnographic design was used to guide data collection in five focus groups with community members and during in-depth interviews with nine key informants. A constant comparison method of data analysis was used. Atlas.ti data management software facilitated the inductive coding and sorting of data. Participants identified three formal and one set of informal community structures for human rights. Human rights barriers included shifting legal frameworks, doubt about human rights, weak government infrastructure, and poverty. The evolving government infrastructure cannot currently provide adequate human rights protection, especially for women. The nature of living in poverty without development opportunities includes human rights abuses. Good governance, protection, and human development opportunities were emphasized as priority human rights concerns. Human rights framework could serve as a powerful integrator of health and development work with community-based organizations. Results help nurses understand the intersection between health and human rights as well as approaches to advancing rights in a culturally attuned manner.

  9. Human rights in the energy sector: where are we going?

    Energy Technology Data Exchange (ETDEWEB)

    Wright, Jim [KBC Advanced Technologies, Surrey (United Kingdom)

    2012-07-01

    There is considerable guidance and tools to avoid and remediate adverse Human Rights impacts; Environmental Impact Assessment (EIA), specific Human Right Impact Assessments or stand alone assessments across the whole spectrum of Human Rights. However the oil and gas sector has yet to address Human Rights risks in a comprehensive manner. In 2011 the Special Representative of the Secretary-General issued Guiding Principles (GP) to implement the United Nations 'Protect, Respect and Remedy' Framework. A survey of Human Rights performance against GP16 by the largest International Oil Companies (IOCs) and National Oil Companies (NOCs) shows a dichotomy with most (93%) of IOCs having a Human Rights Policy, approved at the highest level and available via the www to the general public (compliant with GP16) whilst 27% of NOCs have a Policy, of which, 9% are GP16 compliant. When service companies are included, only 23% are GP16 compliant. Only 8% provide Human Rights training. Human Rights in 41% of new projects are assessed via an EIA process, 18% via a specific Human Rights process, and 41% do not focus on Human Rights at all. Most companies do not have a Human Rights grievance mechanism. Whilst the IOCs are performing well the rest of the oil and gas sector, including the NOCs and service companies, are under-performing. The apparent reliance on the EIA process to Protect, Respect and Remedy Human Rights may be inadequate as the delivery of EIA is: still heavily biased toward environment compared to social and health impacts; they are time consuming and the Human Rights landscape can change during the EIA process; and the EIA disclosure process may expose vulnerable people to abuse. The oil and gas sector needs to address the record of poor compliance and develop and integrate some of the widely available Human rights tools. (author)

  10. Strengthening Locus Standi in Human Rights Litigation in Zimbabwe ...

    African Journals Online (AJOL)

    MJM Venter

    2016-05-30

    May 30, 2016 ... approach is likely to impact on the right to access to justice and human rights protection. 2. Locus standi ... Committee on Economic, Social and Cultural Rights General Comment 9: The. Domestic .... animosity towards an accused, in bad faith and without any warrant, were to rule that the question raised by ...

  11. Evaluation of Human Rights Violations in Student Personnel ...

    African Journals Online (AJOL)

    A five point Likert scale instrument, Students Legal Rights Protection Questionnaire (SLRPQ) was used for data collection and analyzed using the population (one sample t-test), at .05 level of significance. The finding was that there is significant violation of secondary school students' rights (right to dignity of human person, ...

  12. Concept of environment, sustainable development and respect for human rights

    Directory of Open Access Journals (Sweden)

    Urjana ÇURI

    2013-12-01

    Full Text Available The insistence on the definition of environmental protection is an aspiration which has served as prerequisites to the implementation of human rights in a global economic crises. European Regional System has traditionally been focused on the protection of civil and political rights. In the wake of environmental risks that imply the violation of human rights, the emphasis has been placed more on the social, economic and cultural. Collective mechanisms to appeal to the United Nations and the European Court of Human Rights, gave a number of decisions on matters implicating environmental laws and policies. What is to be noted, is the evolution of the guarantees provided under the European Convention on Human Rights, which refers to a substantial understanding of environmental protection, and also including procedural aspects related to the protection of the right to life, privacy, property, information and effective means of appeal. This evolution has been launched by the growing need for states to take preventive measures and policies to the requirements for a balanced sustainable economic development, avoiding environmental risks that imply the violation of human rights. Proportionality in the protection of the interests in this respect creates a context for a fair trial, but also promotes an open and constructive dialogue between judges and lawmakers to protect the public interest.

  13. Pursuing the Right to an Effective Remedy for Human Rights ...

    African Journals Online (AJOL)

    MJM Venter

    2017-12-19

    Dec 19, 2017 ... effective remedy for a human rights violation.1 In other words, a victim of a human ... authorities to take responsibility; the absence of legislative ... shall be entitled to compensation from that other person". 3 .... Put in a practical and comparative perspective, there is a great ...... See also Beyleveld 1995 Public.

  14. Radiation pollution: present and future perplexities about human rights

    International Nuclear Information System (INIS)

    Kumar, Raj; Bharti, Mukesh

    2012-01-01

    Out of the several pollutions included in environmental pollution, the radiation pollution is also a part of this, which is most damageable and serious for the society. Historical evidences reveal about the devastating effects of radiation pollution on human being. No form of pollution exists in the world which influences the human race with its devastating affects for more than one generation except radiation pollution. The radiation pollution affects human health in several ways. It is a man made problem and also affects human rights of masses for which state are responsible ultimately. The radiation pollution affects a big spectrum of human rights. The sources of radiation pollution and its impact on human health may be different according to the sources. These sources may be classified as electronic goods, Nuclear tests, Nuclear war, Reactors and thermal plants etc. Although we have some legal provisions to handle the problem of radiation pollution but there is no specific laws available for the protection and promotion of human rights from radiation pollution in the lights of international human rights principles. At present, there is no human right oriented policy framework is available to protect and promote the human rights of the radiation pollutions sufferers. The paper explores Present and Future Perplexities about Human Rights. It also tells about the available legal framework, state obligations and judicial responses for radiation pollution. The paper concludes with some suggestions in the light of present and future perplexities about human rights. (author)

  15. [Interaction of the bodies and institutions of the Russian Inspectorate for the protection of consumer rights and human welfare on sanitary-and-epidemiological examinations and issuing sanitary-and-epidemiological opinions].

    Science.gov (United States)

    Safonkina, S G

    2009-01-01

    The paper describes problems in the organization of the interaction of the Russian Inspectorate for the Protection of Consumer Rights and Human Welfare in Moscow and the Center for Hygiene and Epidemiology in Moscow to perform sanitary-and-epidemiological examinations and to issue sanitary-and-epidemiological opinions. The goals of setting up a one-window service and measures required for its effective work are defined. Positive results of one-window activities are shown.

  16. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    OpenAIRE

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-01-01

    After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

  17. The Society's Involvement in the Defense of Human Rights

    Science.gov (United States)

    Gerjuoy, Edward

    2015-04-01

    The history of the Society's involvement in the defense of human rights, a history of which the Society can be proud, will be summarized; the summary will include illustrative specific APS human rights defense actions in illustrative specific cases. As will be emphasized, the aforesaid involvement has been primarily through the activities of the APS Committee on International Freedom of Scientists (CIFS). It is noteworthy-and one of the reasons the Society can be proud-that CIFS is charged with ``monitoring concerns regarding human rights for scientists,'' not solely for physicists, and that CIFS indeed has sought to protect the human rights of nonphysicists.

  18. Bioethics and international human rights.

    Science.gov (United States)

    Thomasma, D C

    1997-01-01

    Noting how the spread of medical technology is creating clashes with traditional values and within cultures, the author addresses the clash between Western rights-based incentives, as used by the United Nations to guarantee respect for life and dignity, and communitarian traditions. He proposes a mean between wholesale cultural relativism and international absolutism.

  19. Protecting the Right to Multicultural Education.

    Science.gov (United States)

    Dyer, Adair

    1991-01-01

    Argues that a child has a right to multicultural education when the child is a member of a minority community or when the child's mother and father are members of different cultural groups. Concludes that multicultural education as established in the United Nations Convention on the Rights of the Child should be developed further and elaborated in…

  20. Legal shape-shifting : On the protection of traditional cultural expressions and crossing the boundaries between copyright, cultural heritage and human rights law

    NARCIS (Netherlands)

    Breemen, J.M.

    2018-01-01

    For several decades, the protection of traditional cultural expressions (TCEs) has caused debate. The core of protection claims touches upon control and a say over the material as to its use, preservation, maintenance and development. Central concerns that arise from the absence of protection

  1. Promotion of Human Rights in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    MSc. Albulena Ukimeraj

    2016-07-01

    Full Text Available Fundamental rights and freedoms are constitutional category of democratic states whereas the standards for guaranteeing these rights have been determined in the highest international acts of the United Nations. Promotion of equality and compliance with human rights initially originated in social developments in antiquity period. The Greek philosophy represented by world class philosophers Plato and Aristotle, created the foundation for complying with these rights which still serve as principles in the modern times and democratic developments. In later stages of social developments, despite the progress, compliance with human rights in the slavery era but even in the medieval times was faced with many challenges. Meanwhile, the development of the modern world, as an enlightening historic moment, it is the French Revolution, which was of course preceded by important documents in the history of development and advancement of human rights such as: Magna Carta Libertatum and the US Constitution. The reason for addressing this topic consists in the fact that these fundamental rights and freedoms are parts of constitutions of many countries including Kosovo, which are proclaimed and protected by different acts and norms, however they continue to be infringed either by individuals or institutions. Thus, with the aim of promotion of human rights and legal basis related to them in the Republic of Kosovo, this paper will elaborate development of human rights and the legal infrastructure for protection and compliance of human rights in a chronological manner by providing conclusions on the promotion of human rights in the Republic of Kosovo.

  2. Human Rights within Education: Assessing the Justifications

    Science.gov (United States)

    McCowan, Tristan

    2012-01-01

    While respect for human rights has long been endorsed as a goal of education, only recently has significant attention been paid to the need to incorporate rights within educational processes. Current support for human rights within education, however, has a variety of motivations. This paper provides a theoretical exploration of these diverse…

  3. Teaching about Human Rights and American Indians.

    Science.gov (United States)

    Harvey, Karen D.

    1996-01-01

    Presents a flexible lesson plan integrating teaching about human rights into the existing curriculum about American Indians. Asserts that American Indians have the right to maintain their cultural ways and connects that subject to the United Nations Universal Declaration of Human Rights. Includes three lists of resources and references. (MJP)

  4. Reexamining workers' compensation: a human rights perspective.

    Science.gov (United States)

    Boden, Leslie I

    2012-06-01

    Injured workers, particularly those with more severe injuries, have long experienced workers' compensation systems as stressful and demeaning, have found it difficult to obtain benefits, and, when able to obtain benefits, have found them inadequate. Moreover, the last two decades have seen a substantial erosion of the protections offered by workers' compensation. State after state has erected additional barriers to benefit receipt, making the workers' compensation experience even more difficult and degrading. These changes have been facilitated by a framing of the political debate focused on the free market paradigm, employer costs, and worker fraud and malingering. The articles in this special issue propose an alternate framework and analysis, a human rights approach, that values the dignity and economic security of injured workers and their families. Copyright © 2012 Wiley Periodicals, Inc.

  5. Human rights and public health : towards a balanced relationship

    NARCIS (Netherlands)

    Toebes, Brigit

    This contribution attempts to scope the multiple and complex relationships between measures to protect health and the protection of human rights. The article begins with a discussion of the meaning and current understandings of the notion of ‘public health’, after which it explores how ‘public

  6. Teaching Human Rights: Confronting the Contradictions

    Directory of Open Access Journals (Sweden)

    John L. Hammond

    2016-02-01

    Full Text Available Teaching human rights means taking on a series of controversies over what human rights are, how they are determined, and how they are (or are not upheld.  The "possession paradox" is that often human rights are declared but many, or even most, people do not actually enjoy them.  In teaching human rights we must convey both the promise of human rights and the discrepancy between that promise and their fulfillment.  I review a number of controversies in the current application of human rights, many of which arise from that discrepancy.  I then suggest the use of literary works and simulation games that can sometimes convey meanings more effectively than expository material.

  7. 48 Human Rights in and around Cuba

    DEFF Research Database (Denmark)

    Gustafsson, Jan

    2015-01-01

    The article takes point of department in the current reform process in Cuba and its perspectives regarding human rights. To understand the background of the fundamental human rights' problems in Cuba, an analysis of the 'constituting dichotomy' is included and discussed in relation to its represe...... representation in the film, 'Strawberry and Chocolate'. The further perspectives for human rights in Cuba in relation to other Developments in Latin America constitutes the last part....

  8. Oriental Culture and Human Rights Development

    African Journals Online (AJOL)

    Leon Wessels

    Universality is much more than the determination by a majority at a particular moment ..... accepted human rights and not only the favourite rights of any particular .... sole breadwinners, caring for children and taking important decisions on.

  9. The human rights and the terrorism

    Directory of Open Access Journals (Sweden)

    Hamidreza Rafiei Fanood

    2016-12-01

    Full Text Available Regarding Human rights has been emphasized by governments through universal declaration human rights and its violations faced the global reaction in any case. From this perspective; the necessity of observing human rights against terrorism has been emphasized by many resolutions of the General Assembly, the Security Council and many regional resolutions. But, today especially after the September 11 events and America unilateral attacks by resorting to human rights and of course by considering the lack of international agreement on the norms, strategies and principles of human rights, the campaign against terrorism has started on the basis of its obligations, regardless to existing norms. So it would be said that today; the war against terrorism more than any other terrorist attacks threatens the security and human rights. However, human rights framework has never prevented effective and legitimate actions to the terrorist attacks. In other words; in the human right framework, there is no conflict with the campaign against terrorism, it emphasizes on identifying and fighting and even it guarantees the effectiveness of such a fight. As a result, Human rights violations at the expense of security, certainly associated with the destruction of both.

  10. Human Rights in Sino-American Relations

    National Research Council Canada - National Science Library

    Day, Jana

    2002-01-01

    .... Key among these has been human rights, which both countries view differently. Whereas the United States emphasizes individual civil and political liberties, the People's Republic of China (PRC...

  11. US Human Rights Conduct and International Legitimacy

    DEFF Research Database (Denmark)

    Keating, Vincent Charles

    Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush...... nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights....... administration, states, and international organizations in cases of torture, habeas corpus, and rendition. Vincent Keating argues that despite the material power of the United States, there is little evidence that the Bush administration gravely damaged international norms on torture and habeas corpus as few...

  12. The human rights approach to climate change

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2013-01-01

    are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First...... presently and in the future, needs to be elucidated, as well as (b) the human rights principles that are at stake, and (c) the duties and duty holders involved. Third, the human right to emit greenhouse gases needs to be clarified in the context of subsistence rights and equal per capita emission rights...

  13. People who use drugs, HIV, and human rights.

    Science.gov (United States)

    Jürgens, Ralf; Csete, Joanne; Amon, Joseph J; Baral, Stefan; Beyrer, Chris

    2010-08-07

    We reviewed evidence from more than 900 studies and reports on the link between human rights abuses experienced by people who use drugs and vulnerability to HIV infection and access to services. Published work documents widespread abuses of human rights, which increase vulnerability to HIV infection and negatively affect delivery of HIV programmes. These abuses include denial of harm-reduction services, discriminatory access to antiretroviral therapy, abusive law enforcement practices, and coercion in the guise of treatment for drug dependence. Protection of the human rights of people who use drugs therefore is important not only because their rights must be respected, protected, and fulfilled, but also because it is an essential precondition to improving the health of people who use drugs. Rights-based responses to HIV and drug use have had good outcomes where they have been implemented, and they should be replicated in other countries. Copyright 2010 Elsevier Ltd. All rights reserved.

  14. 63 Film as an Agent of Human Rights Advancement in Nigeria: A ...

    African Journals Online (AJOL)

    Tracie1

    film industry Nollywood,- Charles Offor's Bloody Night and. Kwame Boadu ... Nigeria notably in the areas of right to life, free speech, fair trial, etc (Human Rights ... "The media play an enormously important role in the protection of human rights.

  15. Coronial law and practice: a human rights perspective.

    Science.gov (United States)

    Freckelton, Ian; McGregor, Simon

    2014-03-01

    Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.

  16. Human Rights, Human Needs, Human Development, Human Security - Relationships between four international human discourses.

    NARCIS (Netherlands)

    D.R. Gasper (Des)

    2007-01-01

    markdownabstractAbstract: Human rights, human development and human security form increasingly important, partly interconnected, partly competitive and misunderstood ethical and policy discourses. Each tries to humanize a pre-existing and unavoidable major discourse of everyday life, policy and

  17. Intellectual property rights and detached human body parts.

    Science.gov (United States)

    Pila, Justine

    2014-01-01

    This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.

  18. The Existence of Human Rights Court as a National Effort to Eliminate the Severe Violation of Human Rights in Indonesia

    Directory of Open Access Journals (Sweden)

    - Junaedi

    2014-10-01

    Full Text Available The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000. The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case. The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.

  19. [The reasonable use of right ventricular protection strategy in right ventricular outflow tract reconstruction].

    Science.gov (United States)

    Zhang, Y; Yuan, H Y; Liu, X B; Wen, S S; Xu, G; Cui, H J; Zhuang, J; Chen, J M

    2018-06-01

    As a result of right ventricular outflow tract reconstruction, which is the important and basic step of complex cardiac surgery, the blood flow of right ventricular outflow tract is unobstructed, while pulmonary valve regurgitation and right heart dysfunction could be happened. These problems are often ignored in early days, more and more cases of right heart dysfunction need clinical intervention, which is quite difficult and less effective. How to protect effectively the right ventricular function is the focus. At present main methods to protect the right ventricular function include trying to avoid or reduce length of right ventricular incision, reserving or rebuilding the function of the pulmonary valve, using growth potential material for surgery. The protection of the right ventricular function is a systemic project, it involves many aspects, single measures is difficult to provide complete protection, only the comprehensive use of various protection strategy, can help to improve the long-term prognosis.

  20. Human rights and the right to abortion in Latin America.

    Science.gov (United States)

    Zúñiga-Fajuri, Alejandra

    2014-03-01

    The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  1. Human rights and the right to abortion in Latin America

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga-Fajuri

    2014-03-01

    Full Text Available The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  2. A landslide on a mudslide? Natural hazards and the right to life under the European Convention of Human Rights

    DEFF Research Database (Denmark)

    Lauta, Kristian Cedervall; Rytter, Jens Elo

    2016-01-01

    This paper investigates the protection of individuals’ lives against natural hazards under the European Convention on Human Rights. In 2008, the European Court of Human Rights decided to include natural hazards in a well-established doctrine developed to protect individuals from life-threatening ...

  3. social work and human rights in zimbabwe

    African Journals Online (AJOL)

    Mugumbate

    The place of the social work profession on the human rights arena is beyond doubt. .... Human Rights and the Media Institute of Southern Africa. THE NEXUS ..... Becket, C.; 2006 Ethics and values in social work 3rd Edition. Basingstoke: ...

  4. Chinese Human Rights Guidance on Minerals Sourcing

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2017-01-01

    in the minerals sector and due diligence to ensure socially responsible sourcing of minerals with a particular focus on human rights, the guidelines refer to international human rights standards and are designed to be consistent with guidance issued by the OECD. The article discusses the Chinese guidelines...

  5. The Human Right of Home Education

    Science.gov (United States)

    Donnelly, Michael P.

    2016-01-01

    Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant…

  6. On Setting Priorities among Human Rights

    NARCIS (Netherlands)

    Philips, Jos

    2014-01-01

    Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as

  7. Global human rights awareness, education and democratization

    NARCIS (Netherlands)

    Mihr, A.

    The 1990s was the era of human rights awareness, democratic transitions, and growing involvement of international organizations and the nongovernmental sector in human rights education (HRE). The UN Decade for HRE from 1995–2004 was not only born out of the initiatives and pressures of

  8. Human rights education (HRE) and transnational activism

    NARCIS (Netherlands)

    Mihr, A.; Schmitz, Hans-Peter

    2007-01-01

    Transnational human rights activism occupies today a significant place in the practice and scholarship of current global affairs. This article reviews the past successes and limits of this activism and suggests Human Rights Education (HRE) as a strategic tool currently underutilized by activists and

  9. Human Rights, Diversity, and Citizenship Education

    Science.gov (United States)

    Banks, James A.

    2009-01-01

    The 60th anniversary of the Universal Declaration of Human Rights is a propitious time for educators to examine its implications for educating citizens in multicultural nation states. The author argues that students must experience democratic classrooms and schools that reflect their cultures and identities to internalize human rights values,…

  10. Are (Should) Human Rights (Be) Universal?

    Science.gov (United States)

    Howard, Rhoda E.

    1998-01-01

    Believes that the purpose of human rights is to change many culturally ingrained habits and customs that violate the dignity of the individual. Expounds the differences between cultural relativism and cultural absolutism. States that "weak" cultural relativism is sometimes an appropriate response to human-rights violations. (CMK)

  11. Sovereignty transformed: a sociology of human rights.

    Science.gov (United States)

    Levy, Daniel; Sznaider, Natan

    2006-12-01

    This paper examines how global interdependencies and the consolidation of a human rights discourse are transforming national sovereignty. Social researchers frequently address the supremacy of state sovereignty and the absoluteness of human rights as mutually exclusive categories. However, rather than presupposing that a universal rights discourse is necessarily leading to the demise of sovereignty, we suggest that an increasingly de-nationalized conception of legitimacy is contributing to a reconfiguration of sovereignty itself. Through the analytic prism of historical memories - which refers to shared understandings specific pasts carry for present concerns of a political community - we provide an explanatory factor for the salience of human rights norms as a globally available repertoire of legitimate claim making. While states retain most of their sovereign functions, their legitimacy is no longer exclusively conditioned by a contract with the nation, but also by their adherence to a set of nation-transcending human rights ideals. Legitimacy is mediated by how willing states are to engage with 'judicial memories' of human rights abuses and their articulation in cosmopolitan legal frames. Empirically, we focus on war crime trials and how legal inscriptions of memories of human rights abuses are recasting the jurisdiction of International Law. The readiness of states to engage with rights abuses is becoming politically and culturally consequential, as adherence to global human rights norms confers legitimacy.

  12. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...

  13. Ritual male infant circumcision and human rights.

    Science.gov (United States)

    Jacobs, Allan J; Arora, Kavita Shah

    2015-01-01

    Opponents of male circumcision have increasingly used human rights positions to articulate their viewpoint. We characterize the meaning of the term "human rights." We discuss these human rights arguments with special attention to the claims of rights to an open future and to bodily integrity. We offer a three-part test under which a parental decision might be considered an unacceptable violation of a child's right. The test considers the impact of the practice on society, the impact of the practice on the individual, and the likelihood of adverse impact. Infant circumcision is permissible under this test. We conclude that infant circumcision may be proscribed as violating local norms, even though it does not violate human rights.

  14. Public health nursing, ethics and human rights.

    Science.gov (United States)

    Ivanov, Luba L; Oden, Tami L

    2013-05-01

    Public health nursing has a code of ethics that guides practice. This includes the American Nurses Association Code of Ethics for Nurses, Principles of the Ethical Practice of Public Health, and the Scope and Standards of Public Health Nursing. Human rights and Rights-based care in public health nursing practice are relatively new. They reflect human rights principles as outlined in the Universal Declaration of Human Rights and applied to public health practice. As our health care system is restructured and there are new advances in technology and genetics, a focus on providing care that is ethical and respects human rights is needed. Public health nurses can be in the forefront of providing care that reflects an ethical base and a rights-based approach to practice with populations. © 2013 Wiley Periodicals, Inc.

  15. Health and Human Rights in Karen State, Eastern Myanmar.

    Science.gov (United States)

    Davis, William W; Mullany, Luke C; Shwe Oo, Eh Kalu; Richards, Adam K; Iacopino, Vincent; Beyrer, Chris

    2015-01-01

    Decades of conflict in eastern Myanmar have resulted in high prevalence of human rights violations and poor health outcomes. While recent ceasefire agreements have reduced conflict in this area, it is unknown whether this has resulted in concomitant reductions in human rights violations. We conducted a two-stage cluster survey of 686 households in eastern Myanmar to assess health status, access to healthcare, food security, exposure to human rights violations and identification of alleged perpetrators over the 12 months prior to January 2012, a period of near-absence of conflict in this region. Household hunger (FANTA-2 scale) was moderate/high in 91 (13.2%) households, while the proportion of households reporting food shortages in each month of 2011 ranged from 19.9% in December to 47.0% in September, with food insecurity peaking just prior to the harvest. Diarrhea prevalence in children was 14.2% and in everyone it was 5.8%. Forced labor was the most common human rights violation (185 households, 24.9%), and 210 households (30.6%) reported experiencing one or more human rights violations in 2011. Multiple logistic regression analysis identified associations between human rights violations and poor health outcomes. Human rights violations and their health consequences persist despite reduced intensity of conflict in eastern Myanmar. Ceasefire agreements should include language that protects human rights, and reconciliation efforts should address the health consequences of decades of human rights violations.

  16. Human rights, State Violence and Political Resistance

    Directory of Open Access Journals (Sweden)

    Signe Larsen

    2013-11-01

    Full Text Available This article investigates Hannah Arendt’s and Giorgio Agamben’s critiques of human rights and argues that the two thinkers share a blind spot with regard to the radical potentials of human rights. The problem is that they do not break with two fixed imaginaries which still haunt liberal democracies: (1 the historical essentialist understanding of human rights and (2 nation-states and individuals as the principal loci for political rights, power, and action. Based on the work of Jacques Rancière, Costas Douzinas, and Étienne Balibar this article argues that human rights can be thought of as a constituent part of a radical political praxis and resistance movement. If human rights are thought of as a praxis of “right-ing” (Douzinas or a “dissensus” (Rancière, which both contest the current “distribution of the sensible,” a new “cosmopolitics of human rights” can be imagined where human rights are conceived as a borderline concept (Balibar.

  17. The Evolution of the Right of Individuals to Seise the European Court of Human Rights

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2010-01-01

    The year 2009 was a milestone for the European Court of Human Rights ("ECtHR" or "the Court") in at least two ways. On the bright side, the Court can celebrate its 50th anniversary and its continuous role as principal promoter of human rights in the now 47 Member States of the Council of Europe...... ("CoE" or "the Council"). However, 2009 was also the year in which the number of pending cases before the Court passed the disturbing 100,000 benchmark. Paradoxically, the main reason for both the Court's success and its current crisis is the right of petition of individuals. The present article...... contains a detailed inquiry into the coming into existence of this central feature of the control machinery of European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR" or "the Convention") that was labelled a breakthrough in the field of human rights as well as in general...

  18. International Security Presence in Kosovo and its Human Rights Implications

    OpenAIRE

    Istrefi, Remzije

    2017-01-01

    In this article I will examine the powers and activities of NATO-led Kosovo forces (KFOR) and their impact on human rights protection in Kosovo. Through this examination, I seek to answer the following questions: which KFOR actions affected the human rights of Kosovars? Does KFOR carry out responsibilities and abide by the obligations normally imposed upon nation-states? And is there a solution available when the alleged violator is KFOR? KFOR is responsible for carrying out military tasks an...

  19. National Insecurity and Human Rights: Democracies Debate Counterterrorism

    OpenAIRE

    Brysk, Alison; Shafir, Gershon

    2007-01-01

    Human rights is all too often the first casualty of national insecurity. How can democracies cope with the threat of terror while protecting human rights? This timely volume compares the lessons of the United States and Israel with the "best-case scenarios" of the United Kingdom, Canada, Spain, and Germany. It demonstrates that threatened democracies have important options, and democratic governance, the rule of law, and international cooperation are crucial foundations for counterterror policy.

  20. Human trafficking in Germany: strengthening victim's human rights

    OpenAIRE

    Follmar-Otto, Petra; Rabe, Heike

    2009-01-01

    The first study - "A human rights approach against human trafficking - International obligations and the status of implementation in Germany" - analyses how the prohibition of human trafficking and the resulting state obligations are anchored in human rights. The more recent specialised international agreements on human trafficking and law-making in the European Union are then presented. The emphasis is on the Council of Europe Convention, which professes to treat human trafficking in a human...

  1. Globalization, transnationalism and the effectiveness of human rights

    Directory of Open Access Journals (Sweden)

    Regiane Nistler

    2018-03-01

    Full Text Available The objective of this research is to analyze the effectiveness of human rights in this era, as the phenomenon of globalization triggered the notion of transnationalism. This study starts by demonstrating the consequences of this phenomenon, such as the lessening of border importance between countries and the alteration of legitimatizing legal structures. Furthermore, important considerations should be highlighted when exploring the important issue of human rights, especially when examining regional systems of protection – among them the African, American, and European systems. This paper finalizes its thesis with the simultaneous use of case studies and theoretical research. In the end, having effective human rights protection in the modern age implies not only an efficient and outstanding protection of the private sector but it should be the State’s objective even if transnational actors are not efficient. Finally, in regards to this paper´s method, this research uses the inductive method while also using literature review.

  2. Human rights protections and HIV prevalence among MSM who sell sex: Cross-country comparisons from a systematic review and meta-analysis.

    Science.gov (United States)

    Oldenburg, Catherine E; Perez-Brumer, Amaya G; Reisner, Sari L; Mayer, Kenneth H; Mimiaga, Matthew J; Hatzenbuehler, Mark L; Bärnighausen, Till

    2018-04-01

    Laws and policies can affect the HIV risk of key populations through a number of direct and indirect pathways. We investigated the association between HIV prevalence among men who engage in transactional sex and language in the penal code protecting sexual minorities, including men who have sex with men (MSM), and sex workers. HIV prevalence among men who engage in transactional sex was assessed through meta-analysis of published literature and country surveillance reports. Meta-regression was used to determine the association between HIV prevalence and protective laws for sexual minorities and sex workers. Sixty-six reports representing 28 countries and 31,924 individuals were included in the meta-analysis. Controlling for multiple study- and country-level variables, legal protection for sexual minorities was associated with a 10.9% (95% CI: 3.8-18.0%) and sex workers associated with a 7.0% (95% CI: 1.3-12.8%) decrease in country-level HIV prevalence among men who engage in transactional sex. Laws that seek to actively protect sex workers and MSM may be necessary to decrease HIV risk for this key population.

  3. Human rights in patient care: a theoretical and practical framework.

    Science.gov (United States)

    Cohen, Jonathan; Ezer, Tamar

    2013-12-12

    The concept of "human rights in patient care" refers to the application of human rights principles to the context of patient care. It provides a principled alternative to the growing discourse of "patients' rights" that has evolved in response to widespread and severe human rights violations in health settings. Unlike "patients' rights," which is rooted in a consumer framework, this concept derives from inherent human dignity and neutrally applies universal, legally recognized human rights principles, protecting both patients and providers and admitting of limitations that can be justified by human rights norms. It recognizes the interrelation between patient and provider rights, particularly in contexts where providers face simultaneous obligations to patients and the state ("dual loyalty") and may be pressured to abet human rights violations. The human rights lens provides a means to examine systemic issues and state responsibility. Human rights principles that apply to patient care include both the right to the highest attainable standard of health, which covers both positive and negative guarantees in respect of health, as well as civil and political rights ranging from the patient's right to be free from torture and inhumane treatment to liberty and security of person. They also focus attention on the right of socially excluded groups to be free from discrimination in the delivery of health care. Critical rights relevant to providers include freedom of association and the enjoyment of decent work conditions. Some, but not all, of these human rights correspond to rights that have been articulated in "patients' rights" charters. Complementary to—but distinct from—bioethics, human rights in patient care carry legal force and can be applied through judicial action. They also provide a powerful language to articulate and mobilize around justice concerns, and to engage in advocacy through the media and political negotiation. As "patients' rights" movements and

  4. The Humanities, Human Rights, and the Comparative Imagination

    OpenAIRE

    McClennen, Sophia A.

    2007-01-01

    In her paper "The Humanities, Human Rights, and the Comparative Imagination" Sophia A. McClennen argues that understanding the relationship between culture and human rights depends on humanist perspectives attentive to the relationship between storytelling and identity, mass culture and ideology, text and audience, critical thinking and engaged citizenship. After briefly considering how the divide between the humanities and human rights advocates developed and how it might best be overcome, s...

  5. Is inclusive education a human right?

    Science.gov (United States)

    Gordon, John-Stewart

    2013-01-01

    In this article, I question the general idea that inclusive education--i.e., to teach all students in one class--is a moral human right. The following discussion shows that the widespread view in disability studies that there is a moral human right to inclusive education can be reasonably called into question by virtue of the proposed counter arguments, but without denying that inclusive education is of utmost importance. Practically speaking, the legal human right to inclusive education is of great practical value for impaired students, and for their basic right to be free from discrimination in education, since their concern thereby gains great legal and moral force. But, theoretically speaking, this particular human right lacks an attainable consensus concerning proper moral justification. © 2013 American Society of Law, Medicine & Ethics, Inc.

  6. Transformative combinations: women's health and human rights.

    Science.gov (United States)

    Yamin, A E

    1997-01-01

    From the human rights perspective proposed in this article, a woman's good or ill health reflects more than biology or individual behaviors; it reflects her enjoyment (or lack thereof) of fundamental human rights that enable her to exercise basic power over the course and quality of her life. The "structural" view of health that such a human rights perspective suggests is concerned first with identifying the effects of social, economic, and political relations on women's health and then with promoting "interventions" aimed at transforming the laws, institutions, and structures that deny women's rights and well-being. Yet, traditional human rights law and practice have been limited to narrowly defined abuses by public officials against individuals that fail to capture the most pervasive denials of women's rights, which, though rooted in systematic discrimination, are frequently played out in so-called "private" institutions, primarily within the family. The experiences of women's health advocates in addressing complex women's health issues makes it clear that women's lack of access to economic and political power in the public sphere creates the conditions under which they are discriminated against and physically and sexually abused in the private sphere. Combining the pragmatic understanding of women's health professionals with an expansive conception of human rights norms has the potential to transform the fields of women's health and human rights.

  7. Animal rights, animal minds, and human mindreading.

    Science.gov (United States)

    Mameli, M; Bortolotti, L

    2006-02-01

    Do non-human animals have rights? The answer to this question depends on whether animals have morally relevant mental properties. Mindreading is the human activity of ascribing mental states to other organisms. Current knowledge about the evolution and cognitive structure of mindreading indicates that human ascriptions of mental states to non-human animals are very inaccurate. The accuracy of human mindreading can be improved with the help of scientific studies of animal minds. However, the scientific studies do not by themselves solve the problem of how to map psychological similarities (and differences) between humans and animals onto a distinction between morally relevant and morally irrelevant mental properties. The current limitations of human mindreading-whether scientifically aided or not-have practical consequences for the rational justification of claims about which rights (if any) non-human animals should be accorded.

  8. Protestant Origins of Human Rights Challenged

    Directory of Open Access Journals (Sweden)

    Mogens Chrom Jacobsen

    2017-08-01

    Full Text Available This paper will challenge common views about Protestantism as the originator or foremost promoter of human rights. The idea of a Protestant origin is launched by Georg Jellinek and disputed by Emile Boutmy. The idea is still current and John Witte can thus claim that Protestantism was in part a human rights movement. The point of departure for this strain of thinking is religious toleration, which is seen as a particularly Protestant achievement. We will argue that a more precise notion of what 18th-century human rights were and a closer look at mainstream Protestant political philosophy will tell another story.

  9. 45 CFR 164.522 - Rights to request privacy protection for protected health information.

    Science.gov (United States)

    2010-10-01

    ... ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Privacy of Individually Identifiable Health Information § 164.522 Rights to request privacy protection for protected health information. (a)(1... 45 Public Welfare 1 2010-10-01 2010-10-01 false Rights to request privacy protection for protected...

  10. Environmental protection - can it be regarded as a basic right

    International Nuclear Information System (INIS)

    Soell, H.

    1986-01-01

    The question of the necessity of an 'environmental basic right' is to be seen in connection with the doctrine of the duty of the State to protect the basic rights. Under the present law this obligation of the State applies only to third party intervention, it does not take effect if it is a matter of protecting the environment as such. Therefore the introduction of an 'environmental basic right' is necessary. (WG) [de

  11. Disability in a Human Rights Context

    Directory of Open Access Journals (Sweden)

    Theresia Degener

    2016-08-01

    Full Text Available The Convention on the Rights of Persons with Disabilities (CRPD is a modern human rights treaty with innovative components. It impacts on disability studies as well as human rights law. Two innovations are scrutinized in this article: the model of disability and the equality and discrimination concepts of the CRPD. It is argued that the CRPD manifests a shift from the medical model to the human rights model of disability. Six propositions are offered why and how the human rights model differs from the social model of disability. It is further maintained that the CRPD introduces a new definition of discrimination into international public law. The underlying equality concept can be categorized as transformative equality with both individual and group oriented components. The applied methodology of this research is legal doctrinal analysis and disability studies model analysis. The main finding is that the human rights model of disability improves the social model of disability. Three different models of disability can be attributed to different concepts of equality. The medical model corresponds with formal equality, while the social model with substantive equality and the human rights model can be linked with transformative equality.

  12. 3 CFR 8464 - Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights...

    Science.gov (United States)

    2010-01-01

    ... culture is unique, certain rights are universal: the freedom of people—including women and ethnic and... 3 The President 1 2010-01-01 2010-01-01 false Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009 8464 Proclamation 8464 Presidential Documents...

  13. The 2012 Recommendation concerning national floors of social protection (No. 202) : The human rights approach to social security in ILO wrapping paper

    NARCIS (Netherlands)

    Vonk, Gijsbert

    2013-01-01

    The International Labour Organisation (ILO) has a long tradition of developing minimum social security standards. However, the value of these instruments is increasingly criticised. A central point in this criticism is that the standards are not based upon the notion of a right to social security

  14. Development of society and human rights and freedom

    Directory of Open Access Journals (Sweden)

    Vilić Dragana

    2015-01-01

    Full Text Available This paper examines the direct connection between the development of human society and progress in the realization of and respect for human rights and freedoms, as well as a number of problems that stand in the way for their full realization. The Company to its characteristics should allow the free development of man to protect his rights, freedom and autonomy. On the other hand, an individual has an active role in building a society whose form is: economic development, permanent democratization of social relations, development and dissemination of human rights and freedoms, the existence of the rule of law and so on. Degree of respect for human rights and freedoms measured level of development achieved and the characteristics of democracy in a society. The main causes of their violations and neglect, as well as the social climate and miles of contributing to this are: domination of one ideology, cultural closeness, economic underdevelopment and the like. As an example, of vulnerable groups in the realization of human rights can be given: the poor, women, children, immigrants, same-sex oriented persons, etc. The paper presents the view Alain Touraine in the development of human society and, related to it, the development of human rights, who was going in the direction of the transformation of rights from abstract to concrete rights, with particular emphasis on cultural rights.

  15. social work and human rights in zimbabwe

    African Journals Online (AJOL)

    Mugumbate

    ... a few cases of human rights breaches were selected from reports and academic ..... retroviral drugs lost contact with their suppliers during and after operation .... Becket, C.; 2006 Ethics and values in social work 3rd Edition. Basingstoke: ...

  16. Scattered Families : Transnational family life of Afghan refugees in the Netherlands in the light of the human rights based protection of the family

    NARCIS (Netherlands)

    Muller, P.H.A.M|info:eu-repo/dai/nl/165624647

    2009-01-01

    This study focuses on family life of Afghan refugees in the Netherlands, within and across borders. While family life constitutes a foundation in the lives of human beings, the disruption of the family through external causes has a huge impact on the people involved. In the case of refugees, many of

  17. The human factor: enhancing women's rights.

    Science.gov (United States)

    Steinzor, N

    1995-01-01

    The Universal Declaration of Human Rights, adopted by the UN in 1948, declares that all human beings are born free and equal in dignity and rights, and that everyone has the right to life, liberty, and security of person. In practice, however, far from everyone has these rights, especially women. Many women worldwide have neither the awareness of nor access to family planning methods with which they could regulate their fertility and childbearing. Thus deprived of their reproductive freedom, these women cannot pursue education, employment, and other life options which would otherwise be readily available to them were they not saddled with poor reproductive health and too many children. Expanded choices enhance the status of women, which in turn helps them to reduce fertility rates and stabilize population growth. The author discusses how the wide range of cultural and social norms, and economic and political systems worldwide make it very difficult and complex to actually implement universal human rights.

  18. Globalization, human rights, and the social determinants of health.

    Science.gov (United States)

    Chapman, Audrey R

    2009-02-01

    Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health.

  19. Sovereignty, human rights, and international migrations

    Directory of Open Access Journals (Sweden)

    Rossana Rocha Reis

    2006-01-01

    Full Text Available This article discusses the relationship between sovereignty and human rights concerning the elaboration of immigration policies. It deals with the role of the State in international migrations, the effects of the development of an international human rights legislation over the immigration question, and finally discusses the idea that the increasing international migration is leading the State to lose control over its population and territory, two central features of the sovereignty concept.

  20. Gender Equality, Citizenship and Human Rights

    DEFF Research Database (Denmark)

    reflect upon challenges to gender equality, citizenship, and human rights in their respective societies; it combines theoretical insights with empirically grounded studies. The volume contextualises feminist political theory in China and the Nordic countries and subsequently puts it into a global......This comparative volume examines the ways in which current controversies and political, legal, and social struggles for gender equality raise conceptual questions and challenge our thinking on political theories of equality, citizenship and human rights. Bringing together scholars and activists who...

  1. Foucault and Human Rights: Seeking the Renewal of Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos

    2016-01-01

    This article takes up Foucault's politics of human rights and suggests that it may constitute a point of departure for the renewal of HRE, not only because it rejects the moral superiority of humanism--the grounding for the dominant liberal framework of international human rights--but also because it makes visible the complexities of human rights…

  2. Urgensi Perlindungan Hukum Bagi Pembela Hak Asasi Manusia (Human Rights Defender) Di Indonesia

    OpenAIRE

    Rahayu, Rahayu

    2010-01-01

    Human rights defenders are they working and having activities dealing with any effort to promote human rights. They stand in the front tine of struggle and dignifying human rights to utter the victims of human rights violation (the voice of the voiceless). Their existence is obviously recognized in United Nations' Genera! Assembly Nr. 53/144 on "Declaration on the Right and Responsibility of Individuals, Groups and Organ of Society to Promote and Protect Universally Recognized Human Rights an...

  3. The Protection of Fundamental Rights of Migrant Workers Face to Vulnerability

    OpenAIRE

    Silva, Juliana Giovanetti Pereira Da; Giovanetti, Lais

    2015-01-01

    This article intends to present reflections on issues relevant to migration and contemporary movements. The main constitutional protections, international and infra laws that ensure the rights of migrant workers entering the country in search of better job opportunities are highlighted here. Search up also emphasize the protection of fundamental rights and the consideration of human dignity as base principle of this protection. As well as labor mobility reflexes in industrial relations and vu...

  4. Economic Justice: Necessary Condition for Human Rights.

    Science.gov (United States)

    Cloud, Fred

    1993-01-01

    Economic justice means taking the personhood of poor people into account; respecting their needs, personal ambitions, rights, and dignity; and affording equal opportunity and equal access to education, health care, housing, and jobs. Examples of injustice to minority groups are provided, citing the Universal Declaration of Human Rights. (SLD)

  5. Preserving Stability and Rights Protection: Conflict or Coherence?

    Directory of Open Access Journals (Sweden)

    Chongyi Feng

    2013-01-01

    Full Text Available The creation of a new administrative institution known as the “Stability Preservation Office” at the central level, which is overseen by the Chinese Communist Party (CCP Central Committee and has branches at every local level, from streets and townships to enterprises, and has extraordinary powers to override other regular institutions and branches of government, is a clear indication that the Chinese government’s efforts to preserve stability are not limited to the conventional business of crime control or public security. This paper traces the origin of the discourse and practice of preserving stability and the rights defence movement in China, investigating the interplay or interaction between the two. It examines the end and the means of stability preservation, explores whether the measures taken by the government to preserve stability or the rights protection actions taken by citizens are the root cause of social unrest, and whether the suppression of discontent or the improvement of human rights and social justice is the better way to achieve social stability in contemporary China. It contributes to our understanding of emerging state-society relations and the latest social and political trends in China.

  6. Human Rights Arrangement on Indonesian Law

    Directory of Open Access Journals (Sweden)

    S. Masribut Sardol

    2014-01-01

    Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

  7. The Role of National Human Rights Institutions (NHRIs) and Regional Networks in Promoting Human Rights and Health related to Sexual Orientation and Gender Identity (SOGI) in Southeast Asia

    NARCIS (Netherlands)

    Holzhacker, Ronald

    The UN is increasingly a place where a critical discussion about human rights and sexual orientation and gender identity is taking place. An important institutional component of the UN system of protection of human rights is the creation of National Human Rights Institutions (NHRIs). The regional

  8. THE RIGHT TO A CLEAN ENVIRONMENT. INTERNATIONAL RECOGNITION OF A HUMAN RIGHT TO A CLEAN ENVIRONEMENT BY ECTHR JURISPRUDENCE

    OpenAIRE

    Oana Maria HANCIU

    2015-01-01

    European Convention on Human Rights (ECHR) does not specifically recognize a right to a clean environment, nor speaks specifically about environmental issues. However, there are many cases in the ECtHR jurisprudence which indirectly have a linkage with environmental protection. Often, throughout its decisions, ECtHR considers a positive obligation of States to take all necessary measures to protect human life and thus to provide a suitable environment for human living. The paper analyses the ...

  9. Human rights and intellectual disabilities in an era of 'choice'.

    Science.gov (United States)

    Fyson, R; Cromby, J

    2013-12-01

    Efforts to uphold and promote the human rights of people with intellectual disabilities (ID) are being affected by the increasing emphasis on 'choice' in the delivery of social care services. While rights presume subjects or selves to whom they apply, there is a disconnect between the subjects presumed within human rights frameworks and the variable capacities of a heterogeneous ID population. This disconnect is amplified by choice discourses which characterise current service provision based upon neoliberal ideologies. Conceptual assumptions and theoretical positions associated with human rights in relation to people with ID are critically examined. The analysis results in an argument that current conceptualisations of personhood in relation to human rights exclude people with ID. The adverse effects of this exclusion are exacerbated within services which emphasise the permissive rights associated with a neoliberal agenda of 'choice' over protective rights. In order to ensure that the human rights of people with ID are upheld, neoliberal emphases on choice need to be tempered and a more nuanced and inclusive notion of personhood in relation to universal human rights needs to be adopted. © 2012 The Authors. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

  10. The rights of avoidance of third parties and 'protection laws'

    International Nuclear Information System (INIS)

    Gassner, E.

    1981-01-01

    After having given an account of the rights of avoidance of third parties and their foundation in the law the author cites an atypical example of a right of avoidance, i.e. the corporation suit in the environmental protection law in the German Laender Bremen and Hesse. The corporations can only denounce the violation of the environmental protection law. These regulations constitute the protection law, namely in favour of the interests of nature protection, i.e. public interests. It is natural that the corporation has only be concerned an independent right of conducting a case. The (altruistic) corporation suit is therefore a complaint suit aiming at administration control and not a means of an individual legal protection. (HSCH) [de

  11. Land administration, planning and human rights

    DEFF Research Database (Denmark)

    Enemark, Stig; Hvingel, Line Træholt; Galland, Daniel

    2014-01-01

    The people-to-land relationship is dynamic and changes over time in response to cultural, social, and economic development. Land policies, institutions and land administration systems are key tools aimed at governing this relationship. Such tools will normally include the means for allocating...... and controlling rights, restrictions and responsibilities in land – often termed RRRs. Each of the RRRs encompasses a human rights dimension that should be seen and unfolded as more than just political rhetoric. This paper attempts to analyse the aspect of human rights in relation to land administration systems...... with a special focus on less developed countries struggling to build adequate systems for governing the RRRs in land. In doing so, the paper conceives planning as a key function and means of land administration systems by which human rights should be underpinned in solving concrete land issues....

  12. FCJ-195 Privacy, Responsibility, and Human Rights Activism

    Directory of Open Access Journals (Sweden)

    Becky Kazansky

    2015-06-01

    Full Text Available In this article, we argue that many difficulties associated with the protection of digital privacy are rooted in the framing of privacy as a predominantly individual responsibility. We examine how models of privacy protection, such as Notice and Choice, contribute to the ‘responsibilisation’ of human rights activists who rely on the use of technologies for their work. We also consider how a group of human rights activists countered technology-mediated threats that this ‘responsibilisation’ causes by developing a collective approach to address their digital privacy and security needs. We conclude this article by discussing how technological tools used to maintain or counter the loss of privacy can be improved in order to support the privacy and digital security of human rights activists.

  13. Social protection and the citizen rights in Latin America: a narrative revision

    Directory of Open Access Journals (Sweden)

    Álvaro Franco G

    2008-06-01

    Full Text Available Social protection includes all the economic, political and social variables that guarantee protection amidst the adversity that can damage the rights to health, employment, well-being, and quality of life. Objective: to unveil the link between the systems of social protection in Latin America and the fulfillment of social rights. Method: from the start point of documentary revision, a comparison among the different models of social protection applied in Latin America and the diverse types of citizen rights in the last decades is carried out. Several approaches of social protection are considered: social attendance, social security and social insurance; and additionally, the Minimum Networks of Social Protection (m n s p of the 80’s, and the recent social protection as social risk management of the World Bank. The classification of the human rights are again took up: civil, political and social rights.Discussion: difficulties in Latin America that condition the model of social protection according to differences among social levels, the fragmentation of the social policy and the prevailing conditions of inequity that deny the possibilities of citizen rights to be effective are pointed out. In conclusion, the total fulfillment of social rights is feasible through the development of models of social protection capable of covering all the population and all the implied risks, not only in the work by itself but in the integral human development.

  14. [International regulation of ethics committees on biomedical research as protection mechanisms for people: analysis of the Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research of the Council of Europe].

    Science.gov (United States)

    de Lecuona, Itziar

    2013-01-01

    The article explores and analyses the content of the Council of Europe's Additional Protocol to the Convention on Human Rights and Biomedicine concerning Biomedical Research regarding the standard legal instrument in biomedical research, issued by an international organization with leadership in bioethics. This implies ethics committees are mechanisms of protection of humans in biomedical research and not mere bureaucratic agencies and that a sound inescapable international regulatory framework exists for States to regulate biomedical research. The methodology used focuses on the analysis of the background, the context in which it is made and the nature and scope of the Protocol. It also identifies and analyses the characteristics and functions of ethics committees in biomedical research and, in particular, the information that should be provided to this bodies to develop their functions previously, during and at the end of research projects. This analysis will provide guidelines, suggestions and conclusions for the awareness and training of members of these committees in order to influence the daily practice. This paper may also be of interest to legal practitioners who work in different areas of biomedical research. From this practical perspective, the article examines the legal treatment of the Protocol to meet new challenges and classic issues in research: the treatment of human biological samples, the use of placebos, avoiding double standards, human vulnerability, undue influence and conflicts of interest, among others. Also, from a critical view, this work links the legal responses to develop work procedures that are required for an effective performance of the functions assigned of ethics committees in biomedical research. An existing international legal response that lacks doctrinal standards and provides little support should, however, serve as a guide and standard to develop actions that allow ethics committees -as key bodies for States- to advance in

  15. Protecting Community Rights over Traditional Knowledge - Phase III ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Existing intellectual property regimes protect individual rights for the purpose of commercial gain, but are often unsuitable for protecting the collective heritage of indigenous and local communities whose livelihoods rely on access to biodiversity. This is an important but under-researched field, with few concrete examples of ...

  16. 60 THE PLACE OF HUMAN RIGHTS IN NIGERIA'S DEMOCRACY ...

    African Journals Online (AJOL)

    Ike Odimegwu

    certain institutions are needed to secure and protect those inviolable and inalienable rights ... generated serious debate in the intellectual circle, depending on the school one ... of the nature and essential characteristics of human person. The particular .... wild beast and strong feelings lead astray rules and the very best of ...

  17. The role played by the South African human rights commission's ...

    African Journals Online (AJOL)

    contains the commitment to, amongst other things, establish a society based on democratic values, social justice and fundamental human rights, lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law and improve the quality ...

  18. Brazilian Human Rights Policy Strategy in the First Lula Government

    Directory of Open Access Journals (Sweden)

    Wellington Lourenço de Almeida

    2011-01-01

    Full Text Available This article analyzes the political consequences of the general strategy that guided key federal human rights programs from 2003-2006. The first part of the text discusses issues considered to be central for a consideration of the trajectory of human rights in Brazil, beginning with the authoritarian regime (1964-1985. The objective is to locate the victories and defeats that marked attempts to affirm more advanced standards of promotion and protection of human rights in Brazilian society. The second portion analyzes the promotion of this agenda in the first government of President Luís Inácio Lula da Silva. The sources used were official government documents, texts organized by specific segments of civil society and academic articles. In conclusion, it presents the main impasses of this agenda and the criticisms of the economist visions that weaken the integrated concept of human rights that guide the essay.

  19. CONSIDERATIONS REGARDING THE GUARANTEEING OF HUMAN RIGHTS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    ELENA PARASCHIV

    2012-05-01

    Full Text Available In our country existed and exists still a constant concern to respect and guarantee human rights and fundamental freedoms, especially after 1989, when Romania became a member or acceding to international or regional treaties and conventions enshrining such rights. Taking into consideration the importance of respecting human rights, we consider that is necessary to research how they are secured in Romania, because only when these guarantees are known by their beneficiaries and those involved in their protection, actions which affect these values of humanity can be avoided. In human rights, rules of international law have priority over those entered in the domestic law if they contain provisions which may be interpreted differently on the same matter, unless the Constitution or national laws contain more favourable provisions.

  20. International human rights for mentally ill persons: the Ontario experience.

    Science.gov (United States)

    Zuckerberg, Joaquin

    2007-01-01

    This article is part of a working project which assesses Ontario's mental health legislation and practice vis-à-vis international human rights standards. The paper focuses on procedural safeguards provided by the major international human rights instruments in the field of mental health law such as the UN Principles for the Protection of Persons with Mental Illness (MI Principles) and the European Convention on Human Rights as interpreted by the European Human Rights Court. In analysing Ontario's compliance with international standards, the paper will explore some problems arising from the implementation of the legislation with which the author is familiar with from his experience as counsel for the Consent and Capacity Board. The paper aims to generate discussion for potential reforms in domestic legal systems and to provide a methodology to be used as a tool to assess similar mental health legislation in other local contexts.

  1. The treatment of sex offenders: evidence, ethics, and human rights.

    Science.gov (United States)

    Birgden, Astrid; Cucolo, Heather

    2011-09-01

    Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community-offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.

  2. A Culture Of Health And Human Rights.

    Science.gov (United States)

    Mariner, Wendy K; Annas, George J

    2016-11-01

    A culture of health can be seen as a social norm that values health as the nation's priority or as an appeal to improve the social determinants of health. Better population health will require changing social and economic policies. Effective changes are unlikely unless health advocates can leverage a framework broader than health to mobilize political action in collaboration with non-health sector advocates. We suggest that human rights-the dominant international source of norms for government responsibilities-provides this broader framework. Human rights, as expressed in the Universal Declaration of Human Rights and enforceable treaties, require governments to assure their populations nondiscriminatory access to food, water, education, work, social security, and a standard of living adequate for health and well-being. The policies needed to realize human rights also improve population health, well-being, and equity. Aspirations for human rights are strong enough to endure beyond inevitable setbacks to specific causes. Project HOPE—The People-to-People Health Foundation, Inc.

  3. Human rights and correctional health policy: a view from Europe.

    Science.gov (United States)

    Rogan, Mary

    2017-03-13

    Purpose Correctional healthcare should promote the protection of human rights. The purpose of this paper is to bring a discussion of human rights into debates on how such policy should be best organized. Design/methodology/approach The paper achieves its aim by providing an analysis of European prison law and policy in the area of prison health, through assessing decisions of the European Court of Human Rights, as well as policies created by the European Committee for the Prevention of Torture. Findings The paper describes the position of the European Court of Human Rights on the topics of access to healthcare, ill health and release from prison, mental illness in prison, and the duty to provide rehabilitative programming for those seeking to reduce their level of "risk." It also argues that human rights law can be a source of practical reform, and that legal frameworks have much to offer healthcare leaders seeking to uphold the dignity of those in their care. Originality/value This paper will provide a rare example of the engagement of human rights law with correctional health policy. It provides practical recommendations arising out of an analysis of European human rights law in the area of prisons.

  4. Human rights of persons with mental disabilities. The European Convention of Human Rights.

    Science.gov (United States)

    Gostin, L O

    2000-01-01

    It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.

  5. Human Rights and National Poverty Reduction Strategies: Conceptual framework for human rights analysis of poverty reduction strategies and reviews of Guatemala, Liberia and Nepal

    OpenAIRE

    Sakiko Fukuda-Parr

    2007-01-01

    Poverty is an important human rights concern. Human rights are claims that people have for social arrangements to guarantee their substantive freedoms; poverty reflects failures in these social arrangements and in the actions of duty bearers. It is the poorest people in society --- those with low incomes, education, insecure health, and political power --- who are most vulnerable to severe abuse of their human rights in multiple areas. At the same time, it is lack of human rights protection t...

  6. Judicial Protection of Private Property Rights in Ethiopia: Selected ...

    African Journals Online (AJOL)

    Hailu_Elias_&_Muradu

    “Property Rights Protection and Private Sector Development in Ethiopia” which was .... Even if land has come under public ownership in Ethiopia since 1975, these ... may be capital contributions and in effect, the ownership of the use right over ..... Ethiopian Intellectual Property Office (EIPO) did not hesitate to register this.

  7. Human Rights, Human Needs, Human Development, Human Security : Relationships between four international 'human' discourses

    NARCIS (Netherlands)

    D.R. Gasper (Des)

    2007-01-01

    textabstractHuman rights, human development and human security form increasingly important, partly interconnected, partly competitive and misunderstood ethical and policy discourses. Each tries to humanize a pre-existing and unavoidable major discourse of everyday life, policy and politics; each

  8. Human Rights Texts: Converting Human Rights Primary Source Documents into Data.

    Science.gov (United States)

    Fariss, Christopher J; Linder, Fridolin J; Jones, Zachary M; Crabtree, Charles D; Biek, Megan A; Ross, Ana-Sophia M; Kaur, Taranamol; Tsai, Michael

    2015-01-01

    We introduce and make publicly available a large corpus of digitized primary source human rights documents which are published annually by monitoring agencies that include Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, and the United States Department of State. In addition to the digitized text, we also make available and describe document-term matrices, which are datasets that systematically organize the word counts from each unique document by each unique term within the corpus of human rights documents. To contextualize the importance of this corpus, we describe the development of coding procedures in the human rights community and several existing categorical indicators that have been created by human coding of the human rights documents contained in the corpus. We then discuss how the new human rights corpus and the existing human rights datasets can be used with a variety of statistical analyses and machine learning algorithms to help scholars understand how human rights practices and reporting have evolved over time. We close with a discussion of our plans for dataset maintenance, updating, and availability.

  9. Interdependence, Human Rights and Global Health Law.

    Science.gov (United States)

    Viens, A M

    2015-12-01

    The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a global health law framework.

  10. Basic education as a human right redux

    OpenAIRE

    Willmore, Larry

    2008-01-01

    The Universal Declaration of Human Rights promises free elementary education and free choice of schools to children and their parents. International fora emphasise the first right while neglecting the second. This essay examines arguments for limiting school choice and finds each of them to be unconvincing. It then describes three school systems: India, with free choice, but only for those who can afford to pay; Sweden, with taxpayer-funded free choice for everyone; and Finland, which allows ...

  11. The Human Right to Access Electricity

    Energy Technology Data Exchange (ETDEWEB)

    Tully, Stephen

    2006-04-15

    Electricity access is already well established within the framework of human rights, either as an implicit attribute of a pre-existing right (such as non-discrimination or sustainable development) or explicitly in the context of eliminating discrimination against women. There is also broad acknowledgement by states of the desirability of eliminating energy poverty - for all, but particularly for the rural poor, and women. (author)

  12. 75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

    Science.gov (United States)

    2010-12-14

    ..., certain rights belong to all people: freedom to live as they choose, to speak openly, to organize... in the rule of law. Freedom, justice, and peace for the world must begin with basic security and... rights a reality for every person, regardless of race, gender, religion, nationality, sexual orientation...

  13. Human dignity according to international instruments on human rights

    Directory of Open Access Journals (Sweden)

    José Pablo Alzina de Aguilar

    2011-01-01

    Full Text Available According to international instruments on human rights, the dignity of the human person is the foundation of human rights, and both human dignity and human rights are inherent to the human being, universal and inviolable. This understanding of human dignity is not a fruitless truism, but the solid foundation on which to build a world community under the rule of the new ius gentium: the International Law for Humankind. Moreover, it is the clue to answer many questions raised by the new world of globalization and of the exponential growth of international rules.Consequently, there is a need to a common doctrine on a notion of human dignity which will allow the implementation and adjudication of the aforementioned instruments, at the service of the human person and in conformity with the juridical conscience which they reflect. Philosophy of Law concepts which can be traced back to Aristotle provide that notion. According to these concepts, the demanding nature of “human dignity” sustains the notion of “legal personhood”, and both notions pertain to the realm of Law and Right, not of Morale and Values. Thus, human dignity and human rights are and must be, respectively, a basic principle and a necessary part of any Law system, including international law

  14. Property rights in human gametes in Australia.

    Science.gov (United States)

    White, Vanessa

    2013-03-01

    It has long been a basic tenet of the common law that there can be no property interest in human bodies or body parts. However, exceptions to the rule have been recognised from the mid-19th century and developed over time. In the early 21st century, there have been interesting developments in the common law of Australia and England, with Australian Supreme Court judges and the English Court of Appeal casting aside existing exceptions, and finding property rights in human body parts, including gametes, by relying instead on a "rational" and "logical" basis to identify property interests in human body parts.

  15. Human rights and multinational firm returns

    NARCIS (Netherlands)

    Dag, Nihat; Eije, Henk von; Pennink, Bartjan

    1998-01-01

    Corporate social responsibility receives increased attention in economic analysis and research, but the knowledge of the effect of ethical issues on company performance is still in its infancy. In this paper we attempt to measure the impact of the human rights issue with an event study. In

  16. Human Rights and Cosmopolitan Democratic Education

    Science.gov (United States)

    Snauwaert, Dale T.

    2009-01-01

    The foundation upon which this discussion is based is the basic nature of democracy as both a political and moral ideal. Democracy can be understood as a system of rights premised upon the logic of equality. At its core is a fundamental belief in moral equality, a belief that all human beings possess an equal inherent dignity or worth. The ideal…

  17. Culture and Human Rights: The Wroclaw Commentaries

    NARCIS (Netherlands)

    Wiesand, A.J.; Chainoglou, K.; Śledzińska-Simon, A.; Donders, Y.

    2016-01-01

    The City of Wroclaw, in cooperation with the National Cultural Centre (Warsaw), has asked Andreas Joh. Wiesand to prepare, together with experts from many different countries, a basic handbook which cover all relevant legal questions as well as main political consequences related to human rights and

  18. China in Africa: The Human Rights Impact

    NARCIS (Netherlands)

    C.L. Bennett (Clare); S. McCann (S.); B. Radley (Ben)

    2008-01-01

    markdownabstract__Abstract__ This report examines the practical impact of Chinese investment on human rights in Africa, in order to assess how the positive effects of China in Africa can be maximised and how the negative effects – which have the potential to be particularly damaging in states

  19. The Politics of Human Rights in Argentina

    OpenAIRE

    Brysk, Alison

    2013-01-01

    Revised edition of 1994 out-of-print Stanford University Press study of human rights protest, social change, and democratization in Argentina.  A symbolic politics analysis of the truth commission, trials, and policy reform in Latin America's most sweeping transition of the 1980's.

  20. The Universal Declaration of Human Rights

    International Nuclear Information System (INIS)

    1968-01-01

    Human Rights Year, so designated by the United Nations, is now coming to an end. The full text of the Universal Declaration, proclaimed in 1946, is given as a reminder of its ideals. In 1966 Covenants for acceptance by States were drawn up and opened for signature. (author)

  1. Human rights: eye for cultural diversity

    NARCIS (Netherlands)

    Donders, Y.M.

    2012-01-01

    The relationship and interaction between international human rights law and cultural diversity is a current topic, as is shown by the recent debates in The Netherlands on, for instance, the proposed ban on wearing facial coverage, or burqas, and the proposed ban on ritual slaughter without

  2. The Struggle for Human Rights in Myanmar

    Science.gov (United States)

    Keefer, Natalie

    2012-01-01

    The non-violent participation of Nobel Peace Prize laureate Aung San Suu Kyi and Buddhist monks in resistance efforts to advocate for the welfare of Myanmar's people has played an important role in educating the world about human rights violations in the country. Faced with international condemnation, Myanmar's junta released Aung San Suu Kyi from…

  3. Gender, human rights and cultural diversity

    DEFF Research Database (Denmark)

    Kastrup, Marianne C

    2011-01-01

    and the elucidation of their symptom manifestations, as well as effective therapeutic interventions, which clearly show how human rights issues are linked to research and clinical psychiatry. The analyses of how different ethnic groups use psychiatric services, epitomize how important it is to pay attention to gender...

  4. The Politics of European Human Rights Culture

    Czech Academy of Sciences Publication Activity Database

    Agha, Petr

    2017-01-01

    Roč. 7, č. 3 (2017), s. 200-215 ISSN 1805-8396 R&D Projects: GA ČR GA13-30299S Institutional support: RVO:68378122 Keywords : Court of Justice of the European Union * European Court of Human Rights * religious symbols Subject RIV: AG - Legal Sciences OBOR OECD: Law

  5. Procedural abortion rights: Ireland and the European Court of Human Rights.

    Science.gov (United States)

    Erdman, Joanna N

    2014-11-01

    The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  6. Protection of citizens' rights by appropriate design of legal procedures

    International Nuclear Information System (INIS)

    Bluemel, W.

    1982-01-01

    The author regards the Muehlheim-Kaerlich ruling by the Federal Constitutional Court of December 12, 1979 as a ruling which stipulates the protection of basic rights as a main function of the citizen participation. The essential importance of this ruling is specified by the statement that the shaping of procedures - of courts and authorities - has a constitutional importance, that the shaping of procedures is an essential element of an effective guarantee of basic rights. He expressly extends the above mentioned jurisdiction of the Federal Constitutional Court beyond the influence of the substantive basic rights on the procedural law to the administrative procedural law. The procedural basic right of article 19, section 4 of the constitution is supplemented by the claim for an effective legal protection which directly results from the substantive basic right of article 14, section 1, paragraph 1 of the constitution. (orig./HSCH) [de

  7. Preparation and Evaluation of Children's Rights Education Curriculum: An Action Research Regarding on Protection Rights Module

    Science.gov (United States)

    Uçus, Sükran; Dedeoglu, Hakan

    2016-01-01

    Children's rights education is to enable children to gain the necessary social behaviors and essential knowledge for creating a democratic society that is based on respecting human rights. The purpose of this study was to investigate the preparation, application and assessment of a curriculum for teaching children's rights in elementary education.…

  8. Conceptualising the right to data protection in an era of Big Data

    Directory of Open Access Journals (Sweden)

    Yvonne McDermott

    2017-01-01

    Full Text Available In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the parameters of this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data.

  9. Diesel generator fire protection: getting the balance right

    International Nuclear Information System (INIS)

    Enzmann, Hans; Swiss Reinsurance Co., Zurich)

    1986-01-01

    A wide range of different approaches to the fire protection of diesel generators can be found in nuclear power plants around the world. In some cases there is too little protection. In others there is far too much, such that fire prevention has been overemphasised at the expense of diesel generator operability and overall nuclear safety. A risk assessment check list developed in Switzerland could help to achieve the right balance. (author)

  10. Liability for gross human rights violations: from criminal to civil remedies

    OpenAIRE

    2009-01-01

    LL.D. The starting point of this research is the observation that the protection of human rights and the prevention of human rights atrocities can only take place through a universal system of different means of accountability which create enough deterrence for the future state or individual offender. This research consists of four parts: Part A explores and outlines the different existing ways and means of traditional human rights protection under the international and regional human righ...

  11. Remembering a sociology of Human Rights

    Directory of Open Access Journals (Sweden)

    Levy, Daniel

    2014-12-01

    Full Text Available A sociology of human rights sounds almost like a contradiction in terms. Sociology is about social groups, about particular experiences, about how people, embedded in space and time, make sense of their lives and give meaning to their world. It deals with power and interest and the social bases of our experiences. On the other hand, human rights are about human beings in general, without temporal or spatial references, not about groups and their boundaries. Human rights are about humanity, located in the world and connected to an inviolable nature. Global media representations, among others, create new cosmopolitan memories, providing new epistemological vantage points and emerging moral-political interdependencies. As such, memories of the Holocaust contribute to the creation of a common European cultural memory based on the abstract notion of human rights. Sociologically, a theory of human rights has to show how universal and particular memories co-exist, are reconciled etc. and what it means for the recognition of the “other”, and the broadening of circles of solidarity.Una sociología de los derechos humans suena casi como un oxímoron. La sociología se fija en los grupos sociales, en las experiencias particulares, y en cómo las personas, marcadas por el espacio y el tiempo, dan sentido a sus vidas y atribuyen un significado al mundo. Trata del poder, el interés y la base social de nuestras experiencias. Contrariamente, los derechos humanos se refieren a humanos en general, sin referencias temporales ni espaciales, y no a grupos y sus límites. Los derechos humanos tratan de la humanidad, ubicado en el mundo y conectado con su naturaleza inviolable. Representaciones mediáticas globales, entre otras, crean memorias cosmopólitas nuevas, disponiendo nuevos puntos de vista epistemológicos y interdependencias morales-políticas emergentes. Así, las memorias del Holocausto contribuyen a la creación de una memoria cultural europea com

  12. Translating Human Rights Principles into Classroom Practices: Inequities in Educating about Human Rights

    Science.gov (United States)

    Robinson, Carol

    2017-01-01

    The overarching aim of this paper is to explore how key principles inherent in human rights declarations and conventions are translated into practices associated with human rights education within school contexts. It is argued that this translation from discourse to practice opens up the potential for children and young people to encounter…

  13. Human Rights Here and Now: Celebrating the Universal Declaration of Human Rights.

    Science.gov (United States)

    Flowers, Nancy, Ed.

    Although December 10, 1998, marked the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR), most people living in the United States remain unaware of this document, the foundation stone of all human rights. Intended for use by both community groups and teachers in elementary and secondary schools, this educational…

  14. Advancing palliative care as a human right.

    Science.gov (United States)

    Gwyther, Liz; Brennan, Frank; Harding, Richard

    2009-11-01

    The international palliative care community has articulated a simple but challenging proposition that palliative care is an international human right. International human rights covenants and the discipline of palliative care have, as common themes, the inherent dignity of the individual and the principles of universality and nondiscrimination. However, when we consider the evidence for the effectiveness of palliative care, the lack of palliative care provision for those who may benefit from it is of grave concern. Three disciplines (palliative care, public health, and human rights) are now interacting with a growing resonance. The maturing of palliative care as a clinical specialty and academic discipline has coincided with the development of a public health approach to global and community-wide health problems. The care of the dying is a public health issue. Given that death is both inevitable and universal, the care of people with life-limiting illness stands equal to all other public health issues. The International Covenant on Economic, Social and Cultural Rights (ICESCR) includes the right to health care and General Comment 14 (paragraph 34) CESCR stipulates that "States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, ... to preventive, curative and palliative health services." However, these rights are seen to be aspirational-rights to be achieved progressively over time by each signatory nation to the maximum capacity of their available resources. Although a government may use insufficient resources as a justification for inadequacies of its response to palliative care and pain management, General Comment 14 set out "core obligations" and "obligations of comparable priority" in the provision of health care and placed the burden on governments to justify "that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as

  15. Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

    Directory of Open Access Journals (Sweden)

    Urjana Curi

    2018-03-01

    On March 13, 2010, the Anti-Discrimination Law, one of the essential legal instruments that protects human rights in Albania, and also includes the prohibition of discrimination on the basis of sexual orientation, came into force. Albania has already the Commissioner for Protection from Discrimination. Two LGBT organizations have already been established in Albania: the Alliance against Discrimination LGBT and LGBT Pro Albania. They aim to protect the rights of sexual minorities in Albania and promote a national movement of social mobilization to protect and promote the rights of this community in Albania

  16. [Human dignity, human rights and bioethics: what is the connection?].

    Science.gov (United States)

    Andorno, Roberto

    2010-12-01

    Human rights are closely related to the notion of human dignity, to such a point that it is very difficult, if not impossible, to promote them without appealing, at least implicitly, to the idea that each individual has intrinsic worth simply by virtue of being human. This relationship between dignity and rights is even stronger in the field of bioethics, which deals directly with some of the most basic human rights, such as the rights to life and to physical integrity. It is therefore not by chance that the international norms relating to bioethics give a central role to the concept of human dignity. However, one should not expect from dignity more than it can offer; dignity is a "principle", not a "rule"; it embodies a fundamental value, but it alone does not determine the content of a particular decision.

  17. An Examination of the Child Rights Protection and Corporal

    African Journals Online (AJOL)

    Mofasony

    Black's Law Dictionary7 defined a child as a person ..... A wooden frame with holes into which somebody's head and hands could be locked, ..... Jack Donelly Universal Human Rights in Theory and in Practice, Ithaca and London: Cornel.

  18. FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Clara Staples

    2016-06-01

    Full Text Available This paper will firstly examine the international framework of human rights law and its guidelines for safeguarding the right to freedom of speech in the press. Secondly, it will describe the constitutional and other legal rights protecting freedom of speech in Indonesia and assess their compatibility with the right to freedom of speech under the international human rights law framework. Thirdly it will consider the impact of Indonesia’s constitutional law and criminal and civil law, including sedition and defamation laws, and finally media ownership, on the interpretation and scope of the right to freedom of speech in the press. Consideration of these laws will be integrated with a discussion of judicial processes. This discussion will be used to determine how and in what circumstances the constitutional right to freedom of speech in the press may be facilitated or enabled, or on the other hand, limited, overridden or curtailed in Indonesia. Conclusions will then be drawn regarding the strengths and weaknesses of Indonesian laws in safeguarding the right to freedom of speech in the press and the democratic implications from an international human rights perspective. This inquiry will be restricted to Indonesian laws in existence during the post-New Order period of 1998 to the present, and to the information and analysis provided by English-language sources.

  19. The human right to water: the importance of domestic and productive water rights.

    Science.gov (United States)

    Hall, Ralph P; Van Koppen, Barbara; Van Houweling, Emily

    2014-12-01

    The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision--known as 'domestic-plus' services--the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas.

  20. Logical Relation of Human Rights and Religion

    Directory of Open Access Journals (Sweden)

    Mohammad Hossein Talebi

    2013-04-01

    Full Text Available Before establishing any kind of rights for human being, the man should be first known. The best approach to know human being is to utilize the knowledge and teachings that God has given us as the Creator of man. He knows better than anyone else the man whom He has created. This article tries to show that the Man who has (human rights is not that human being as we are used to know him by popular experimental view, but is an existent that is constantly moving on the path of absolute perfection with the aim of achieving the status of the perfect man. To prove this, at this writing, first the concept of right has been studied with an epistemological and ontological look, and look then the concepts of human and religion will be considered.and investigated. Finally, different kinds of the rights of right owners, which one of these rights is human rights, are discussed. Human rights are those rights that belong to every individual because he/she is a human being. -free framework, which has constituted the basis of mainstream conceptions of Universal Declaration of Human Rights. Criticizing the deontological view, this article defends the teleological approach toward the universality of human rights, based on contemporary philosophical hermeneutics specially Paul Ricoeur’s outlook. I argue that this approach can provide the philosophical requirements for interaction between the universality of human rights on one hand and the cultural and local contents of various societies on the other hand and offers a “thick” conception of human rights principles. قبل از اثبات هر نوع حق برای بشر باید ابتدا بشر را شناخت. بهترین شیوه شناسایی بشر استفاده از معارفی است که خدای متعال به عنوان خالق بشر در اختیار ما قرار داده است. او بهتر از هرکس بشری را که ساخته است می‌شناسد. این مقاله درصدد

  1. Human rights and mass disaster: lessons from the 2004 tsunami.

    Science.gov (United States)

    Weinstein, H M; Fletcher, L E; Stover, E

    2007-01-01

    This paper describes the results of an investigation into how the December, 2004 tsunami and its aftermath affected the human rights of the survivors. Teams of researchers interviewed survivors, government officials, representatives of international and local nongovernmental organisations, UN officials, the military, police, and other key informants in India, Sri Lanka, the Maldives, Indonesia, and Thailand. We also analysed newspaper articles, reports released by governments, UN agencies, NGOs, and private humanitarian aid groups, and we examined the laws and policies related to survivors' welfare in the affected countries. We found worsening of prior human rights violations, inequities in aid distribution, lack of accountability and impunity, poor coordination of aid, lack of community participation in reconstruction, including coastal redevelopment. Corruption and preexisting conflict negatively impact humanitarian interventions. We make recommendations to international agencies, states, and local health service providers. A human rights framework offers significant protection to survivors and should play a critical role in disaster response.

  2. International Security Presence in Kosovo and its Human Rights Implications

    Directory of Open Access Journals (Sweden)

    Istrefi Remzije

    2017-11-01

    Full Text Available In this article I will examine the powers and activities of NATO-led Kosovo forces (KFOR and their impact on human rights protection in Kosovo. Through this examination, I seek to answer the following questions: which KFOR actions affected the human rights of Kosovars? Does KFOR carry out responsibilities and abide by the obligations normally imposed upon nation-states? And is there a solution available when the alleged violator is KFOR? KFOR is responsible for carrying out military tasks and for ‘shouldering’ UNMIK and local security forces in some civilian peace-building tasks. In the course of the exercise of its mandate, there were alleged complaints of human rights violations by KFOR. The legal implications of these alleged complaints against KFOR (inactions will also be discussed.

  3. Iraq: Politics, Governance, and Human Rights

    Science.gov (United States)

    2014-09-15

    devoting significant resources to that plan. On April 30, 2012, the COR enacted a law to facilitate elimination of trafficking in persons, both sexual ...human rights reports have noted continuing instances of harassment and intimidation of journalists who write about corruption and the lack of government...extradite him to the United States, but Iraq released him in November 2012 and he returned to Lebanon , despite U.S. efforts to persuade Iraq to keep

  4. Human rights, ideology and population policies.

    Science.gov (United States)

    Colombo, B

    1977-01-01

    Only too often ideology means fanaticism, intolerance, even violence, but the term can be used also to denote sets of preconceptions and presuppositions which act as a stimulus and a guide to scientific innovation, particularly in the field of social science. This sort of insight into the realities of life and the world is a contribution to knowledge and the search for truth, also in the field of human rights. These are taken in the paper as those rights whose infringement constitutes a "vulnus" of the essential characteristics of human beings and those which assume the role of a basic safeguard of them. The meaning of the insistence on the human rights theme in the United Nations system is briefly touched upon, but the main effort is spent in trying to find a firm base for both fundamental rights and duties, shown as strictly and simmetrically linked. Various examples of population policies - broadly defined as governmental interventions influencing demographic variables - are then examined in the light of the basic principles laid down in the said effort. The fields taken up in succession for consideration are international and internal migration, mortality, marriage, fertility in countries at different stages of demographic transition, and growth. Rather than trying an extensive coverage of the whole horizon, a line of critical and deep thought about typical problematic themes is preferred. One of the main conclusions which may be quoted is a statement according to which the problem remains wide open of discovering acceptable ways aiming at a modification of fertility patterns which combine a reduction of the average family size with the maintenance of its variability in order to respect free and responsible individual choices. How important and urgent this task is, is underscored by the observations advanced in the final section of the paper including a meditation on the limits that human sexuality appears to have imposed on itself.

  5. The Global Movement for Human Rights Education

    Directory of Open Access Journals (Sweden)

    Nancy Flowers

    2015-10-01

    Full Text Available An overview of the global movement for human rights education (HRE, its impetus, challenges, and contrasting developments in different regions of the world, focusing especially on Latin America, the Philippines, South Africa, the Middle East, and Europe. Seeks to put HRE in the USA into an international perspective, as well as to show the variety of goals that inspire HRE and how methodologies have evolved to meet specific regional and political cultures and needs.

  6. Human and Citizen Rights Guarantees While Providing Information Security

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-05-01

    Full Text Available With the development of information and communication technologies, issues of providing information security are becoming more and more aggravated. These are crimes related to the use of electronic computers, systems and computer networks and telecommunication networks, the propaganda of separatism and extremism, etc. While providing information security in the digital environment, the role of technical and legal human rights guarantees, due to technical means of protection, is increasing. Relying on the developers of technical means of protection determines the difference between the aforesaid concepts and the traditional approach to ensuring the protection of human and citizen rights, in which responsibilities are put on information intermediaries, owners of confidential information. Technical guarantees of human rights are a necessary component of ensuring information security, but the effectiveness of the application is provided in conjunction with the legal guarantees of human rights, as evidenced by the tendency to recognize the principles of inviolability of privacy on the basis of design decisions in the law of the European Union as legal acts. Providing information security is a legitimate goal of establishing constraints of human rights, since it can be correlated with the norms of international law. The establishment of constraints of human rights is permissible in order to attain other objectives–ensuring state security, public order, health, rights and freedoms of the person in the information sphere. The legitimacy of this goal is determined by its compliance with the objectives envisaged by international agreements ratified in an established order. The article examines the impact of the use of technical means in the field of providing information security in the aspect of following the fundamental human and civil rights in Ukraine, taking into account the legislation of the European Union and the decision of the European Court

  7. Teaching Strategy: Human Rights Around the World and at Home.

    Science.gov (United States)

    Manson, Patrick

    1998-01-01

    Presents a lesson on human rights for middle and secondary school students in which they identify human rights, cite examples of human-rights abuses and affirmations, and relate actions to the articles of the Universal Declaration of Human Rights (UDHR). Explains that students identify human-rights issues globally and at home. (CMK)

  8. The cultural dimension of economic activities in international human right jurisprudence

    NARCIS (Netherlands)

    Donders, Y.; Vadi, V.; de Witte, B.

    2015-01-01

    Cultural diversity and human rights are mutually linked: human rights protect and promote cultural diversity while cultural diversity also forms an important aspect of the enjoyment of human rights. Cultural diversity and the economy are also increasingly connected, for example through cultural

  9. Corruption and Human Rights Law in Africa (2016 Hart Publishing, Oxford)

    OpenAIRE

    Willard T Mugadza

    2018-01-01

    This contribution reviews the book by Kolawole Olaniyan on corruption and human rights law in Africa. The book, Corruption and Human Rights Law in Africa, provides a framework for complementarity between promoting and protecting human rights and combatting corruption in Africa.

  10. Legislative Protection of Property Rights in Ethiopia: An Overview ...

    African Journals Online (AJOL)

    There are ambiguities, inconsistencies, gaps and outdated features in the legislative protection of some property rights in Ethiopia. Moreover, there is the bestowal of wide and undue discretion to various administrative authorities without judicial scrutiny. These problems clearly lead to discretionary and arbitrary ...

  11. The golden triangle of human dignity: human security, human development and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2004-01-01

    The success or failure of processes of democratization cannot be detached from processes of development related to the aspirations of people at the grassroots. Human rights, in a more theoretical terminology, require human development in order to enhance human security.

  12. Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests

    Directory of Open Access Journals (Sweden)

    Олег Степанович Ткачук

    2016-06-01

    Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure

  13. Human rights for women: battles of culture and power.

    Science.gov (United States)

    Poulsen, K

    1995-06-01

    In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community

  14. Voltaire - the first human rights advocate of Europe

    OpenAIRE

    Utyashev M. M.

    2015-01-01

    The article deals with a unique even within the age of European Enlightenment humanist essence and human rights activity of the great French philosopher, writer, poet Francois Marie Arouet Voltaire. The author focuses his attention on a new aspect of the well-known thinker - the unselfish and persistent protection of victims of religious intolerance, obscurantism, judicial tyranny. According to the author, Voltaire’s advocacy was the result of his political and legal socialization. This idea ...

  15. Pain management: a fundamental human right.

    Science.gov (United States)

    Brennan, Frank; Carr, Daniel B; Cousins, Michael

    2007-07-01

    This article surveys worldwide medical, ethical, and legal trends and initiatives related to the concept of pain management as a human right. This concept recently gained momentum with the 2004 European Federation of International Association for the Study of Pain (IASP) Chapters-, International Association for the Study of Pain- and World Health Organization-sponsored "Global Day Against Pain," where it was adopted as a central theme. We survey the scope of the problem of unrelieved pain in three areas, acute pain, chronic noncancer pain, and cancer pain, and outline the adverse physical and psychological effects and social and economic costs of untreated pain. Reasons for deficiencies in pain management include cultural, societal, religious, and political attitudes, including acceptance of torture. The biomedical model of disease, focused on pathophysiology rather than quality of life, reinforces entrenched attitudes that marginalize pain management as a priority. Strategies currently applied for improvement include framing pain management as an ethical issue; promoting pain management as a legal right, providing constitutional guarantees and statutory regulations that span negligence law, criminal law, and elder abuse; defining pain management as a fundamental human right, categorizing failure to provide pain management as professional misconduct, and issuing guidelines and standards of practice by professional bodies. The role of the World Health Organization is discussed, particularly with respect to opioid availability for pain management. We conclude that, because pain management is the subject of many initiatives within the disciplines of medicine, ethics and law, we are at an "inflection point" in which unreasonable failure to treat pain is viewed worldwide as poor medicine, unethical practice, and an abrogation of a fundamental human right.

  16. Children's rights, international human rights and the promise of ...

    African Journals Online (AJOL)

    1 INTRODUCTION. A perception exists amongst ... groups.1 The criticisms levelled against Islamic legal precepts, particularly in the aftermath of ... of Islamic legal theory pertaining to the rights of children, particularly the potential of this theory ...

  17. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  18. Human rights at work: Physical standards for employment and human rights law.

    Science.gov (United States)

    Adams, Eric M

    2016-06-01

    This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer's right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer's duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.

  19. The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law

    OpenAIRE

    Hutchinson, Zoé

    2010-01-01

    The right to freedom of association in the workplace is a well established norm of international human rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of association at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in international human rights law. In so doing, a case is put that there are strong reasons for states to comply...

  20. Radiation protection for human spaceflight

    International Nuclear Information System (INIS)

    Hajek, M.

    2009-01-01

    Cosmic radiation exposure is one of the most significant risks associated with human space exploration. Except for the principles of justification and optimization (ALARA), the concepts of terrestrial radiation protection are of limited applicability to human spaceflight, as until now only few experimentally verified data on the biological effectiveness of heavy ions and the dose distribution within the human body exist. Instead of applying the annual dose limits for workers on ground also to astronauts, whose careers are of comparatively short duration, the overall lifetime risk is used as a measure. For long-term missions outside Earth's magnetic field, the acceptable level of risk has not yet been defined, since there is not enough information available to estimate the risk of effects to the central nervous system and of potential non-cancer radiation health hazards. (orig.)

  1. ‘Gay Rights are Human Rights: The framing of new interpretations of international human rights norms’

    NARCIS (Netherlands)

    Holzhacker, Ron

    The purpose of this chapter is to explore the development of the framing of the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual orientation and gender identity in terms of a human rights paradigm. This decades-long process involved many actors, from within academia, gay

  2. ‘Gay Rights are Human Rights: The framing of new interpretations of international human rights norms’

    NARCIS (Netherlands)

    Holzhacker, Ron

    2014-01-01

    The purpose of this chapter is to explore the development of the framing of the rights of lesbian, gay, bisexual, and transgender (LGBT) persons and sexual orientation and gender identity in terms of a human rights paradigm. This decades-long process involved many actors, from within academia, gay

  3. Culture and the human rights of women in Africa: Between light and shadow

    OpenAIRE

    Ssenyonjo, M

    2007-01-01

    Copyright @ School of Oriental and African Studies. Despite the ratification by African states of several human rights instruments protecting the human rights of women in Africa, and the solemn commitment of the African states to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to experience human rights violations. Most African women are denied the equal enjoyment of their human rights, in particular by virtue of the lesser status a...

  4. The Observance of Human Rights and Freedoms in the Extradition Proceedings at National and International Levels

    Directory of Open Access Journals (Sweden)

    Mariana (Mitra Radu

    2013-08-01

    Full Text Available The fundamental rights and freedoms contained in international documents may be the object of the denial of an extradition request as independent exceptions, even if they are not covered by extradition treaties. The right to life is a fundamental human right whose protection must be achieved in the extradition proceedings. By Law no. 30/1994, Romania ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe.

  5. A comprehensive Software Copy Protection and Digital Rights Management platform

    Directory of Open Access Journals (Sweden)

    Ayman Mohammad Bahaa-Eldin

    2014-09-01

    Full Text Available This article proposes a Powerful and Flexible System for Software Copy Protection (SCP and Digital Rights Management (DRM based on Public Key Infrastructure (PKI standards. Software protection is achieved through a multi-phase methodology with both static and dynamic processing of the executable file. The system defeats most of the attacks and cracking techniques and makes sure that the protected software is never in a flat form, with a suitable portion of it always being encrypted during execution. A novel performance-tuning algorithm is proposed to lower the overhead of the protection process to its minimum depending on the software dynamic execution behavior. All system calls to access resources and objects such as files, and input/output devices are intercepted and encapsulated with secure rights management code to enforce the required license model. The system can be integrated with hardware authentication techniques (like dongles, and to Internet based activation and DRM servers over the cloud. The system is flexible to apply any model of licensing including state-based license such as expiration dates and number of trials. The usage of a standard markup language (XrML to describe the license makes it easier to apply new licensing operations like re-sale and content rental.

  6. Human Rights and the Excess of Identity

    Science.gov (United States)

    Al Tamimi, Yussef

    2017-01-01

    Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court’s case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court’s use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court’s approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms. PMID:29881144

  7. Radiation protection of non-human species

    International Nuclear Information System (INIS)

    Leith, I.S.

    1993-01-01

    The effects of radiation on non-human species, both animals and plants, have long been investigated. In the disposal of radioactive wastes, the protection of non-human species has been investigated. Yet no radiation protection standard for exposure of animals and plants per se has been agreed. The International Commission on Radiological Protection has long taken the view that, if human beings are properly protected from radiation, other species will thereby be protected to the extent necessary for their preservation. However, the International Atomic Energy Agency has found it necessary to investigate the protection of non-human species where radioactivity is released to an environment unpopulated by human beings. It is proposed that the basis of such protection, and the knowledge of radiation effects on non-human species on which it is based, suggest a practical radiation protection standard for non-human species. (1 tab.)

  8. Human Rights versus Corporate Rights: Life Value, the Civil Commons and Social Justice

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-08-01

    Full Text Available

    This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime.

  9. Human Rights versus Corporate Rights: Life Value, the Civil Commons and Social Justice

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-07-01

    Full Text Available This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime.

  10. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2015-07-01

    Full Text Available The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property and common forms (i.e. public property. The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism. Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have other manifestations than those known and accepted in the common law of property.

  11. Human rights of persons with mental illness in Indonesia: more than legislation is needed

    Science.gov (United States)

    Irmansyah, I; Prasetyo, YA; Minas, H

    2009-01-01

    Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness. PMID:19545362

  12. Human rights of persons with mental illness in Indonesia: more than legislation is needed

    Directory of Open Access Journals (Sweden)

    Prasetyo YA

    2009-06-01

    Full Text Available Abstract Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.

  13. IMPLEMENTATION OF DRUG ADDICTS RIGHT TO HEALTH PROTECTION (SEPARATE ASPECTS).

    Science.gov (United States)

    Shevchuk, O; Rzhevska, O; Korop, O; Pyliuha, L

    2018-03-01

    The purpose of the research is to analyze specific problems of the realization of the right to protect the health of people who take narcotic drugs or psychotropic substances. To achieve this goal, statistics have been analyzed on the number of people using narcotic drugs or psychotropic substances (including drug-addicted children) placed on medical records and the number of their applications for medical care. It has been found out that people in this category often face a denial of medical care that causes extremely strong physical and mental suffering. The analysis of the understanding of the legal design of the «right to health care» in the scientific literature, national legislation and international legal documents was made. State institutions and local authorities providing «the right to health care» of people taking narcotic or psychotropic drugs are singled out. The absence of grounds for restricting the right to protect the health of people who take narcotic or psychotropic drugs who are not registered is justified. In the course of the research, it was found out that people who take narcotic drugs or psychotropic substances are more likely than other patients to need medical assistance and, when requesting the right to health care, face a number of problems that require immediate solution: incomplete provision of quality free medical care; unimplementation of rehabilitation programs for such categories of patients; the lack of the right of children who take narcotic drugs or psychotropic substances to make their own decisions at the age of 14 and apply to public health institutions for the treatment of drug addiction; violations of the continuity of SMT programs and their absence in penal institutions for drug dependent people. It was proposed to introduce a number of changes in the relevant normative legal acts.

  14. A human rights based approach to project induced displacement and resettlement

    NARCIS (Netherlands)

    van der Ploeg, Lidewij; Vanclay, Frank

    2017-01-01

    AbstractRespecting, protecting and fulfilling human rights must become more prominent in both the processes and outcomes of resettlement. We have developed a Human Rights-Based Approach to Resettlement for use by project operators, rights holders and governments so that they can better understand

  15. A human rights based approach to project induced displacement and resettlement

    NARCIS (Netherlands)

    van der Ploeg, Lidewij; Vanclay, Frank

    2017-01-01

    Respecting, protecting and fulfilling human rights must become more prominent in both the processes and outcomes of resettlement. We have developed a Human Rights-Based Approach to Resettlement for use by project operators, rights holders and governments so that they can better understand what the

  16. In Search of a Universal Human Rights Metaphor: Moral Conversations across Differences

    Science.gov (United States)

    Gordon, Mordechai

    2018-01-01

    This article takes up the educational challenge of the framers of the Universal Declaration of Human Rights. Specifically, the author explores the question of: how can we talk about a universal conception of human rights in a way that both respects the need for cultural pluralism and the necessity to protect those rights and freedoms that all…

  17. From the rights of man to the human rights: Man - nation - humanity

    Directory of Open Access Journals (Sweden)

    Zaharijević Adriana

    2008-01-01

    Full Text Available The insistence on the fact that human rights and the rights of man (codified in The Universal Declaration of Human Rights and Declaration of the Rights of Man and of the Citizen, respectively are not one and the same, which could be deduced from the notion of man common to both terms, is the key thesis of this text. By developing this motive, I try to determine the following: that the notion of man, by definition inclusive and abstractly non-discriminative term, is in fact established on tacit exclusions in the time of its inception (Enlightenment revolutinary era, and it was only upon these exclusions that the term man could have signified "the free and equal". Although the parallel or simultaneous evolution and implementation of the rights of man and national rights might seem contradictory, I seek to demonstrate that this paradox is only ostensible, arguing that the notion of man is itself limited and exclusionary, and is therefore compatible with the exclusivity which is the conditio sine qua non of nation. The consequences of nationalism - World Wars, primarily - proved that the conception of liberty and equality, based on the conception of fraternity of men (white European males, and of partial democracy pretending to be universal, cannot be maintained any further. Codification of universal human rights represents a reaction to this internal discrepancy inasmuch as it is a reaction to the destructiveness of all kinds of nationalisms. The notion of life, developed in this text, corresponds to the fundamental requirement for the right to life (as the first and the most basic of all human rights, which no longer belongs to "man", but to everyone.

  18. Derivatives Trading, Climate Science and Human Rights

    DEFF Research Database (Denmark)

    Haigh, Matthew

    for capital flows associated with climate management. Media communications and decision making theories are used to interpret data drawn from participant observation and interviews with climate scientists, policy makers and institutional investors. Findings - The framework suggests a digital divide between...... the heaviest polluters as contributing to carbon-minimised investment portfolios. Assets owned by privately managed pension funds have remained materially exposed to risks posed by climate change. In public finance, a narrow range of financial instruments centred on derivatives trading has entrenched global...... between human rights, climate change, and the stability of private pensions provision. Originality/value - Provides policy sciences useful assessments of communication media and financial instruments used in climate management. Establishes bases for theoretical and applied communications research...

  19. Corporate Social Responsibility and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2006-01-01

    rather than public regulation. The UN Global Compact and the UN Norms on human rights responsibilities for transnational and other corporations are discussed as examples of changes in international UN based regulation of corporations in relation to CSR topics, and as examples of network governance......Taking its point of departure in the aims of the United Nations, the article discusses challenges to international law making and the UN in the relatively immediate future in view of the increasing role and influence of corporations. This is done addressing challenges posed by globalisation......, in particular with regard to the appropriateness of past and present ideas of duty holders, modes of regulation, and law making, to deliver the aims of the UN; International law making and actors in this process; and a changing character of law and legal regulation, towards deregulation and private regulation...

  20. Human Rights and Religion in the English Secondary RE Curriculum

    Science.gov (United States)

    Bowie, Robert

    2011-01-01

    The relationship between religion and human rights is an ambiguous and complex one, but there are academic, moral and political arguments for the inclusion of human rights in religious education (RE). The Universal Declaration of Human Rights advocates education in human rights and the English school curriculum aims to encourage a commitment to…

  1. The Universal Declaration of Human Rights - Only a Foundation.

    Science.gov (United States)

    Reichert, Elisabeth

    2002-01-01

    Explains provisions contained within the Universal Declaration of Human Rights, tracing historical beginnings of human rights to 1945, detailing events after 1945 up to the adoption of the Universal Declaration of Human Rights by the United Nations, and explaining essential terminology used in describing human rights instruments that have been…

  2. Girl child abuse: violation of her human rights.

    Science.gov (United States)

    Kapur, P

    1995-01-01

    The human rights of female children in India and elsewhere, even when protected on paper, are violated in practice. An equitable and egalitarian world order must be established. A comprehensive campaign is needed that combats gender-based inequalities, discrimination, exploitation, oppression, abuse, violence, inhuman values, and violations of human rights, particularly against female children. People must radically change their attitudes and actions towards female children. Female children are not a commodity or sex-object but "an equally worthy human being to be loved, respected, and cared for." Strategies that accomplish these ends include the promotion of human and spiritual values of love, compassion, and nonviolence, and discouragement of values of consumerism and materialism and worthlessness of human beings. Effective education and mass media should counter corruption, dishonesty, selfishness, and inhuman actions. Family structures need to strengthened and enriched. The abuse of female children occurs due to the following interrelated factors: entrenched patriarchal value systems, the perpetuation of traditions and practices that identify girls as inferior to boys, the gender-biased and discriminatory attitude that identifies girl children as a burden or liability and as a sex-object or commodity, and prevalent illiteracy, poverty, and negative parenting life style patterns. Other factors include the low status of women, the reduction in human and spiritual values, and the rise of consumerism and corruption. Girls are subjected to female infanticide, feticide, lack of social and economic development, burdensome domestic work, early marriage and childbearing, neglect and denial of healthy living conditions, sexual abuse and exploitation, prostitution, rape, and a denial of their right to protection.

  3. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-05-01

    Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

  4. MEDICAL AND LEGAL ISSUES OF THE DECISIONS RENDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS.

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

    The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.

  5. Human rights, global trade and moral values

    Directory of Open Access Journals (Sweden)

    Rahim Dehgan Simkani

    2016-04-01

    Full Text Available Today, immoralities and prevalence of injustice and corruption on the one hand, and dissatisfaction of the world people due to not considering their natural rights on the other hand, show that there are certain problems in the foundations of human rights and declining of moral values. This article tries to show a weakening trend for moral values and human rights in practice, in the process of globalization and especially global trade, which today has a major impact on cultures. For this purpose, in the first part, in addition to studying the concept of human rights, the status of moral values in the intellectual foundations of the Declaration of Human Rights would investigated. In the second part, in addition to explaining the global trade, it shows that there is a decline trend in the moral values in the capitalist economy; and finally, in the third part, in addition to explaining the principles of human rights, the reasons for the weakening of moral values and not regarding human rights in practical consideration, recognized as having problems in the theoretical principles of Universal Declaration of Human Rights, including relying on secularist worldview and humanist ideas. امروزه بی‌اخلاقی‌ها و رواج ظلم و فساد از یک طرف و نارضایتی مردمان جهان مبنی بر عدم دستیابی به حقوق طبیعیشان از طرف دیگر، نشانگر وجود مشکلات خاصی در مبانی حقوق بشر و رو به ضعف رفتنِ ارزش‌های اخلاقی است. این مقاله در پی آن است تا روند رو به ضعف ارزش‌های اخلاقی و حقوق‌بشر در مقام عمل را در فرآیند جهانی شدن و خصوصاً تجارت جهانی که امروزه بر تمام فرهنگ‌ها تأثیرات خاص خود را گذاشته است، نشان دهد. بدین منظور در بخش اوّل ضمن بررسی مفهوم

  6. The Ebola Virus and Human Rights Concerns in Africa

    African Journals Online (AJOL)

    AJRH Managing Editor

    2015-09-03

    Sep 3, 2015 ... Keywords: Ebola, Public Health, human right. Résumé ... Mots clé : Ebola, de santé publique, droit humain. Introduction ... public health and human rights. This article .... Political Rights (ICCPR)21 and the International.

  7. Human Rights Education before the Challenges of the Emerging Human Rights of the 21st Century

    OpenAIRE

    Gloria Ramirez

    2006-01-01

    This article examines Human Rights Education vis-a-vis the challenges of the emerging human rights of the 21st century. It discusses the difficult situation of HRE in the uncertain and insecure times of globalization and permanent violence particularly after the September 11 attacks. In spite of these unfavorable circumstances, it can be concluded that HRE has gained ground in the agenda of NGO´s to become a demand formulated hand in hand with the fight for democracy and peace. Due to the fac...

  8. Cultural Diversities and Human Rights: History, Minorities, Pluralization

    Directory of Open Access Journals (Sweden)

    EDUARDO J. RUIZ VIEYTEZ

    2014-12-01

    Full Text Available Cultural diversity plays today a prominent role in the updating and developing of human rights. Past developments in the protection of rights have essentially forgotten the democratic management of cultural and identity-based diversity. States have stifled the main developments of the rights and constrained them to partial views in favour of the majority or dominant groups in each country. The current context of regional progressive integration and social diversification within each state agrees on the need to address the adequacy of systems for the protection of rights from different strategies to the context of multiculturalism. Against the process of "nationalization of rights" it is necessary to adopt a strategy for pluralization. On the one hand, the concept of minority has to be given its corresponding importance in both international and domestic law. On the other hand, different kind of policies and legal instruments for the accommodation of diversity can be identified and used to foster this necessary process of pluralization.

  9. Religious Human Rights and Peace Interrelationship between Human Rights and Peace

    Directory of Open Access Journals (Sweden)

    Carl Wellman

    2015-11-01

    Full Text Available This paper assumes the author’s conceptual analysis of rights as complexes of Hohfeldian positions that confer dominion on the right-holder in face of one or more second parties and his theory of moral reasons as essentially social dual-aspect practical reasons, both explained in previously published books. It analyses the international human right to have or adopt a religion or belief of one’s choice and the international human right to manifest one’s religion or belief in worship, observance, practice and teaching as liberties of individual human beings protected by duties of non-interference and immunities from extinction holding against State Parties. It then identifies their moral grounds, the most important moral justifications for recognizing and maintaining these religious human rights in international law. It suggests that these are analogous moral religious human rights and some of the morally proper purposes of international law, including the promotion of international peace. It explains how the problematic human rights to change one’s religion or belief and to proselytize one’s religion or belief can be derived from the more basic human rights to have or adopt a religion or belief and to manifest one’s religion or belief respectively. It examines the reasons that many deny these rights and argues that, correctly interpreted, they are morally justified. Finally it reexamines the question as to whether the human rights to have or adopt a religion or belief and to manifest one’s religion or belief do more to threaten or to promote peace. It argues that although these human rights threaten peace to a limited extent, on balance they would, if universally respected, protect and enhance both internal and international peace even more. It concludes that there are two important relations between these religious human rights and peace. Both would be conducive to peace were they universally respected. And this fact is one of the

  10. The Importance of Social Movements in the Fight for the Women's Rights From the Incorporation of Speech of Human Rights

    OpenAIRE

    Souza, Luciana Correa

    2016-01-01

    This article aims to analyze the role of social movements in the struggle for women's rights. Initially, the historical origin of the gender term and its concept will be analyzed. Subsequently, the role of social movements for the development of international protection of human rights instruments will be reviewed. Finally, the role of social movements will be analyzed in the fight for women's rights in Brazil. From this study was concluded by the importance of social movements in the fight f...

  11. Foundations of Human Rights: The Unfinished Business

    Directory of Open Access Journals (Sweden)

    Mary Ann Glendon

    2010-03-01

    Full Text Available Reviewing the discussions on the foundations of human rights that took place in the U.N.'s first Human Rights Commission to draft the 1948 Universal Declaration of Human Rights, the author points out that the Commissioners, due to the situation at that time, had few discussions on the foundations of human rights and left the problem of foundations for another day. She rejects the idea that the Universal Declaration is western believing that all effective cultures in the world had a creative hand in the shaping of the document. The article then answers the question that how there can be universal rights in diverse cultures. It continues to explain the derby to deconstruct the Declaration and in the end concludes that the challenge of the Declaration is its incoherence and the different meanings and interpretations of human “dignity”. s but also seriously damage the hard gained doctor-patient trust and the historical honor of their profession. Within the law and justice system in practice in the Islamic Republic of Iran, fee splitting in considered unacceptable and illegal and fee splitters may be pursued by law. The same is true in different societies and most medical councils and accepted ethical codes and guidelines. It is clearly stated in the fifth paragraph of the medical affidavit vowed by all Iranian medical students and doctors that fee splitting is considered amoral and even illegal and that healthcare and medical practices are not to be used as a means of gathering wealth for oneself. All Islamic religious leaders have also questioned the lawfulness of money and wealth earned by fee splitting. The act of fee splitting is also recognized as unethical and unlawful in the guidelines and codes affected by universal medicine societies. نویسنده در این مقاله با مرور مباحث صورت گرفته در باره مبانی حقوق بشر، در کمیسیون تدوین کننده پیش نویس اعلامیه

  12. “GAY RIGHTS ARE HUMAN RIGHTS”: : THE FRAMING OF NEW INTERPRETATIONS OF INTERNATIONAL HUMAN RIGHTS NORMS

    NARCIS (Netherlands)

    Holzhacker, Ron

    2014-01-01

    “Gay Rights are Human Rights” may have begun as a slogan chanted in the street, but academics and human rights organizations began to use the international human rights frame systematically in the 1990s to argue for universal human rights to fully apply to LGBT persons. This framing gradually began

  13. Current global standards for chemical protective clothing: how to choose the right protection for the right job?

    Science.gov (United States)

    VAN WELY, Eric

    2017-01-01

    The first standards for chemical protective clothing (CPC) emerged mid to late 1980’s and have evolved since as most standards are revisited every 5 yr. Over the past years, we have also seen a strengthening of the chemical and worker protection legislation around the globe (various forms of REACH) but also protection of workers. The most prevalent standards originate under the auspices of the International Standards Organisation (ISO), European Committee for Standardisation (CEN) or under various US standards organisations (e.g. NFPA, ASTM). Protective clothing against hazardous materials is required in many of the professional and non-professional activities of everyday life. Effective and adequate protection is important in many scenarios from household (e.g. cleaning agents, peroxides, acids and bases, paints), to agricultural (e.g. fuel, pesticides), to medical (e.g. pharmaceuticals and active ingredients), to industrial production (e.g. petro-chemicals, chemicals, paints, adhesive and coatings) but also manufacturing of many products (e.g. light bulbs, cars, semi-conductors), during various emergency activities (e.g. boat, rail or road accidents as well as fire-fighting in an urban and industrial setting), and finally, military operations or response to incidents of terrorism. Nevertheless, CPC must remain the last line of defence whenever possible through a preference for less hazardous chemicals, less dangerous processes and handling operations, and by engineering controls to reduce and minimise human contact with the chemicals. This article provides information about the selection, use, care and maintenance (SUCAM) of protective clothing against chemical and microbiological hazards. PMID:29046493

  14. Medicine, law and human rights - a symbiotic relationship.

    Science.gov (United States)

    Tupanceski, Nikola; Kiprijanovska, Dragana

    2014-04-01

    Law and medicine are separate professions, and attorneys and physicians often see their professions in conflict. There are, however, more similarities than differences between the two professions. And there are areas of mutual concern and overlap that demand the application of both legal and medical knowledge for the good of the society. In the new categorical system of values, which is substantially influenced by the so-called modern or aggressive medicine, clever physicians, researchers, and technicians discover newer and better ways to do things. Often, what science and technology make possible soon becomes permissible and, eventually, normal and expected. Given the rapid advances in technology and medical technology in particular, it is clear that without the reasonable restraints imposed by philosophical but also, legal critique, medicine and its practitioners may unintentionally convert science and medical method into a muddled philosophy of human life'. Against this background, this paper will handle the questions posed by the extent and protection of human rights and freedoms in terms of application of new biomedical techniques and technologies of treatment toward the development of International human rights law. It also discusses the compatibility of domestic medical law with the normative system of international human rights.

  15. Pilot project - Promoting protection of the right to housing

    DEFF Research Database (Denmark)

    This study was undertaken for the European Commission Directorate-General for Employment, Social Affairs & Inclusion as part of the ‘Promoting protection of the right to housing - Homelessness prevention in the context of evictions’ pilot project. The key objectives of the research were: - to pro......This study was undertaken for the European Commission Directorate-General for Employment, Social Affairs & Inclusion as part of the ‘Promoting protection of the right to housing - Homelessness prevention in the context of evictions’ pilot project. The key objectives of the research were......: - to provide an overview and analysis of available data and trends regarding housing evictions between 2010 and 2013 across the 28 EU Member States; - to establish the reasons for and impacts of eviction, in particular the relative importance of eviction as a pathway into homelessness; - to analyse...... the legislative and regulatory framework and the availability, effectiveness and cost-efficiency of measures designed to prevent and tackle evictions and enable early interventions; - to suggest ways to improve data collection and the monitoring of evictions in the Member States, identifying the most important...

  16. We "Must" Integrate Human Rights into the Social Studies.

    Science.gov (United States)

    O'Brien, Ed

    1999-01-01

    Asserts that educators need to teach about human rights issues, such as social and economic rights, in the social studies curriculum because these issues are disregarded throughout the country. Defines human rights, discusses the importance of the Universal Declaration of Human Rights (UDHR), and provides two lessons. (CMK)

  17. The Human Right to Equal Access to Health Care

    NARCIS (Netherlands)

    M. San Giorgi (Maite)

    2012-01-01

    textabstractThe right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their

  18. Human right education and the Nigerian child: implications for ...

    African Journals Online (AJOL)

    This paper examines the concept of human right to education as listed in Article 26 of the United Nations Declaration of Human Rights of December 1948. Human right is viewed as natural or moral law which has the force of conscience. The declaration is directed at the right to formal Western education in Nigeria, rather ...

  19. The object of "Rights" : third world women and the production of global human rights discourse

    OpenAIRE

    Hua, Julietta Y.

    2006-01-01

    The US "women's rights as human rights" doctrine continues to represent campaigns for international women's rights through the stories and images of Asian, African, and Latin American women. As both the idea of global human rights, and the place of women within the context of international human rights discourse become more powerful in framing a U.S. national identity, it seems that only certain issues (located in Other places that are always assumed to be "behind") come to define the US wome...

  20. Legal rights, human rights and AIDS: the first decade. Report from South Africa 2.

    Science.gov (United States)

    Cameron, E

    1993-01-01

    A broad range of coercive measures has been considered internationally and applied in some countries in the interest of controlling the spread of HIV. Although a couple such measures are on the books in South Africa, they have never been invoked and will soon be officially repealed. There is, however, a problem in South Africa with the violation by health care workers, employers, and others of individuals' rights to dignity, privacy, and autonomy. The exaggerated and undue fear that doctors and other health workers have of being infected by patients with HIV has led to widespread and gross human rights abuses in clinical management and treatment. Abuses include the refusal of treatment, testing patients for HIV without their informed or any consent, insisting upon HIV testing devoid of diagnostic or therapeutic justification, and widespread breaches of confidentiality. Persons with AIDS and HIV are also denied access to their fair share of national resources. This latter phenomenon is likely to become the principal form of human rights abuse, with racism and class differences exacerbating the problem. The practice is proliferating and takes many forms including pre-employment HIV testing; exclusionary discrimination in insurance; discrimination between HIV and other life-threatening conditions in corporate medical, pension, and provident funds; and the discriminatory denial of fair and adequate health care to people with HIV or AIDS. Discrimination of all kinds, however, retards preventive efforts. Public health therefore demands the recognition and enforcement of individual human rights and that structures of discrimination be eliminated. Human rights protection may, by limiting the effect of discrimination, play a significant part in fighting the epidemic. Protective measures could include enacting legislation to prohibit pre-employment testing, legislation to regulate the provision of insurance and to prohibit or regulate pre-insurance HIV testing and the

  1. Aspects of UN Activities on the International Protection of Women's Rights

    Directory of Open Access Journals (Sweden)

    Jana Maftei

    2015-05-01

    Full Text Available Human rights and their protection represent the regulation object of a major part of all the legal rules encompassing the international public law. The Members’ efforts to protect women's rights and to promote gender equality have resulted in the adoption of important documents, fundamental to all mankind. In the light of these international regulations, States have assumed obligations and they have created mechanisms to achieve them. Through the analytical approach we have highlighted the activities of the United Nations and international bodies for protecting women's rights and gender equality in all sectors of public and private life. In preparing this article we used as research methods the analysis of problems generated by the subject in question with reference to the doctrinal views expressed in the Treaties and specialized articles, documentary research, interpretation of legal norms in the field.

  2. Advancement of human rights standards for LGBT people through the perspective of international human rights law

    Directory of Open Access Journals (Sweden)

    Lucie Cviklová

    2012-01-01

    Full Text Available The article addresses the issue how various religious and legal systems cope with current developments that undermine binary opposition of man and woman including definition of their sexual and cultural identities. More concretely, it tries to explain, how concrete societies and legislations deal with claims of lesbians, gays, bisexuals, and transsexuals (LGBT that claim broader recognition. It elucidates differences among Western provisions and policies of the relevant legal bodies such as the General Assembly of the United Nations, the European Court of Human Rights and the Supreme Court concerning these issues. It also points to the nature and real impact of international civil society forces such as Yogyakarta principles that formulate extension of rights concerning lesbians, gays, bisexuals, and transsexuals. On the basis of comparison of various legal and religious discourses it explains current practices of direct and indirect discrimination and in some non-European national systems even extra-judicial killings, torture and ill-treatment, sexual assault, rape and other violations of human rights. When emphasizing substantial differences among current European states and non-European ones concerning policies toward lesbian, gay, bisexual and transgender people (LGBT, it shows current tendencies of advancement in the field by common policies of Council of Europe, recent judgments issued by the European Court of Human Rights as well as civil society efforts such as Yogyakarta principles. Swedish standards have been introduced in order to emphasize existing progressive attitudes to LGBT people concerning gay marriages and adoption procedures.

  3. The Human Right to Leisure in Old Age: Reinforcement of the Rights of an Aging Population.

    Science.gov (United States)

    Karev, Iris; Doron, Israel Issi

    2017-01-01

    The right to leisure is recognized as a human right under the 1948 United Nations Universal Declaration of Human Rights. The actual meaning and material content of this human right is subject to debate. The aim of this study is to examine the extent and the context to which this human right is specifically recognized with regard to older persons. Methodologically, this study textually analyzed 17 different international older persons' human rights documents. The findings reveal that in the majority of these documents there is no reference to the right to leisure. In the remaining documents, the right to leisure is mostly referred to indirectly or in a narrow legal construction. These findings support the notion that despite the growing body of knowledge regarding the importance of meaningful leisure in old age-and its empowering and anti-ageist nature-this knowledge has not transformed into a legal human rights discourse.

  4. Implementing Children's Human Rights Education in Schools

    Science.gov (United States)

    Covell, Katherine; Howe, R. Brian; McNeil, Justin K.

    2010-01-01

    Evaluations of a children's rights education initiative in schools in Hampshire, England--consistent with previous research findings--demonstrate the effectiveness of a framework of rights for school policy, practice, and teaching, for promoting rights-respecting attitudes and behaviors among children, and for improving the school ethos. The value…

  5. Human rights of the mentally ill in Indonesia.

    Science.gov (United States)

    Nurjannah, I; Mills, J; Park, T; Usher, K

    2015-06-01

    The mentally ill are vulnerable to human rights violations, particularly in Indonesia, where shackling is widespread. The aim of this study was to understand the provision of mental health care in Indonesia, thereby identifying ways to improve care and better support carers. Grounded theory methods were used. Study participants included health professionals, non-health professionals and individuals living with a mental disorder who were well at the time (n = 49). Data were collected through interviews conducted in 2011 and 2012. The core category of this grounded theory is 'connecting care' a term coined by the authors to describe a model of care that involves health professionals and non-health professionals, such as family members. Four main factors influence care-providers' decision-making: competence, willingness, available resources and compliance with institutional policy. Health professionals are influenced most strongly by institutional policy when deciding whether to accept or shift responsibility to provide care. Non-health professionals base their decisions largely on personal circumstances. Jointly-made decisions can be matched or unmatched. Unmatched decisions can result in forced provision of care, increasing risks of human rights violations. Generalization of this grounded theory is difficult as the research was conducted in two provinces of Indonesia. Institutional policy was important in the process of connecting care for the mentally ill in Indonesia and needs to be underpinned by legislation to protect human rights. Strengthening mental health legislation in Indonesia will allow nurses to connect care more effectively. © 2014 International Council of Nurses.

  6. From individual to global: Human rights and aphasia.

    Science.gov (United States)

    Hersh, Deborah

    2018-02-01

    This commentary marks the 70th anniversary of the Universal Declaration of Human Rights by examining Article 19 and its application to people with aphasia. This group of people still face lack of access, stigmatisation, exclusion, disadvantage and social withdrawal as well as poor public awareness of aphasia and inadequate prioritisation of support and resources. Nevertheless, a range of creative initiatives at individual, healthcare, local community, national and global levels have helped to connect and empower people with aphasia. Such initiatives include provision of accessible information in a range of media, inclusion of people with aphasia in decision-making and as research partners, awareness raising campaigns to counter attitudinal barriers, organisation of community aphasia groups, development of guidelines for best practice, national aphasia associations and international collaborations such as Aphasia United. While ongoing work and resourcing is needed to expand these efforts further, they have helped people with aphasia to be heard and to protect their sense of dignity which underlies human rights. A human rights approach can unite, politicise and refocus these efforts, and highlight the essential role of communication in fostering a better quality of life.

  7. Interpreting the International Right to Health in a Human Rights-Based Approach to Health

    OpenAIRE

    Hunt, Paul

    2016-01-01

    Abstract This article tracks the shifting place of the international right to health, and human rights-based approaches to health, in the scholarly literature and United Nations (UN). From 1993 to 1994, the focus began to move from the right to health toward human rights-based approaches to health, including human rights guidance adopted by UN agencies in relation to specific health issues. There is a compelling case for a human rights-based approach to health, but it runs the risk of playing...

  8. Conservation and human rights: the need for international standards

    Energy Technology Data Exchange (ETDEWEB)

    Oviedo, Gonzalo [International Union for the Conservation of Nature (International organizations without location); Pabon, Luis [The Nature Conservancy (United States); Painter, Michael; Redford, Kent [The Wildlife Conservation Society (United States); Siegele, Linda [Foundation for International Environmental Law and Development (United Kingdom); Springer, Jenny [WWF-US (United States); Thomas, David [Birdlife International (International organizations without location); Painemilla, Kristen Walker [Conservation International (United States); Roe, Dilys

    2010-05-15

    Conservation doesn't happen in a vacuum. In recent years, awareness has grown of the relationship of international conservation practice to indigenous peoples and local communities, and especially the links between conservation and human rights. The impacts protected areas can have on rural communities – such as evictions and lost access to natural resources – are now under particular scrutiny. Concern is meanwhile rising over the human rights implications of some climate change mitigation and adaptation measures. But awareness is also growing of the positive contributions of nature conservation to the rights of people to secure their livelihoods, enjoy healthy and productive environments, and live with dignity. International NGOs can play a central role in supporting and promoting conservation actions that respect the rights of indigenous peoples and local communities, and help sustain their livelihoods. Many conservation organisations have long worked towards this. It is vital that they hold to consistent principles and implement measures that ensure their application, so their action on conservation remains accountable, transparent and sustainable.

  9. Protected areas as frontiers for human migration.

    Science.gov (United States)

    Zommers, Zinta; MacDonald, David W

    2012-06-01

    Causes of human population growth near protected areas have been much debated. We conducted 821 interviews in 16 villages around Budongo Forest Reserve, Masindi district, Uganda, to explore the causes of human migration to protected areas and to identify differences in forest use between migrant and nonmigrant communities. We asked subjects for information about birthplace, migration, household assets, household activities, and forest use. Interview subjects were categorized as nonmigrants (born in one of the interview villages), socioeconomic migrants (chose to emigrate for economic or social reasons) from within Masindi district (i.e., local migrants) and from outside the Masindi district (i.e., regional migrants), or forced migrants (i.e., refugees or internally displaced individuals who emigrated as a result of conflict, human rights abuses, or natural disaster). Only 198 respondents were born in interview villages, indicating high rates of migration between 1998 and 2008. Migrants were drawn to Budongo Forest because they thought land was available (268 individuals) or had family in the area (161 individuals). A greater number of regional migrants settled in villages near Lake Albert than did forced and local migrants. Migration category was also associated with differences in sources of livelihood. Of forced migrants 40.5% earned wages through labor, whereas 25.5% of local and 14.5% of regional migrants engaged in wage labor. Migrant groups appeared to have different effects on the environment. Of respondents that hunted, 72.7% were regional migrants. Principal component analyses indicated households of regional migrants were more likely to be associated with deforestation. Our results revealed gaps in current models of human population growth around protected areas. By highlighting the importance of social networks and livelihood choices, our results contribute to a more nuanced understanding of causes of migration and of the environmental effects of

  10. Human rights in global supply chains: Corporate social responsibility and public procurement in the European Union

    OpenAIRE

    Outhwaite, Opi; Martin-Ortega, Olga

    2016-01-01

    The global supply chains of multinational enterprises are complex and multi-tiered, often involving many stages of production and spanning several jurisdictions. Important questions remain about how to ensure that human rights are respected in these supply chains, including how multinational enterprises are to exercise the responsibility to respect human rights in their supply chains and the role that can be played by states in protecting human rights outside of their borders. This article fo...

  11. Retrogression in the legal protection of the right to academic freedom in Europe

    OpenAIRE

    Beiter, Klaus D.; Karran, Terence; Appiagyei.Atua, Kwadwo

    2016-01-01

    This article assesses to what extent the right to academic freedom as construed in terms of international human rights law, specifically UNESCO’s Recommendation on the Status of Higher-Education Teaching Personnel of 1997, is protected in the law of the 28Member States of the European Union. It determines the elements of this right, to then operationalise these by way of indicators accorded numeric values in order to assess state compliance and rank states in terms of their performance. The a...

  12. Accountability for the Human Rights Implications of Natural Disasters : A Proposal for Systemic International Oversight

    NARCIS (Netherlands)

    Hesselman, Marlies; Cubie, Dug

    2015-01-01

    The practical and operational challenges of responding to disasters such as earthquakes, tsunamis and hurricanes are well known, so the recent decision by the UN Human Rights Council to commission research on best practices and challenges in the promotion and protection of human rights in

  13. National Award for Human Rights Education in 2008

    Directory of Open Access Journals (Sweden)

    Mariê Luise Campos

    2009-07-01

    Full Text Available In 2008, the Universal Declaration of Human Rights completed 60 years of existence. To commemorate this date, the Ministry of Education, the Special Secretariat for Human Rights of the Presidency, the Organization of Iberoamerican States with the sponsorship and implementation of the SM Foundation, created the National Award for Human Rights Education.

  14. Teaching Human Rights? "All Hell Will Break Loose!"

    Science.gov (United States)

    Cassidy, Claire; Brunner, Richard; Webster, Elaine

    2014-01-01

    Human rights education is a prominent concern of a number of international organisations and has been dominant on the United Nations' agenda for the past 20 years. The UN Decade for Human Rights Education (1995-2004) has been followed by the World Programme for Human Rights Education (2005-ongoing) and the recently adopted UN Declaration on Human…

  15. 76 FR 7695 - Iranian Human Rights Abuses Sanctions Regulations

    Science.gov (United States)

    2011-02-11

    ... DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 562 Iranian Human Rights... Iranian Human Rights Abuses Sanctions Regulations, 31 CFR part 562 (the ``Regulations''), to implement E.O...--IRANIAN HUMAN RIGHTS ABUSES SANCTIONS REGULATIONS Subpart A--Relation of This Part to Other Laws and...

  16. 75 FR 75615 - Helsinki Human Rights Day, 2010

    Science.gov (United States)

    2010-12-03

    ... Helsinki Human Rights Day, 2010 By the President of the United States of America A Proclamation This year... states with respect for human rights and fundamental freedoms within states. With the signing of the Act... occasion also spurred courageous human rights activists in Eastern Europe to form citizens' groups to press...

  17. International criminal tribunals and human rights law: Adherence and contextualization

    NARCIS (Netherlands)

    Zeegers, K.J.

    2015-01-01

    Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

  18. Tensions and Dilemmas about Education in Human Rights in Democracy.

    Science.gov (United States)

    Magendzo, Abraham

    1994-01-01

    Asserts that incorporating human rights issues into the curriculum causes tensions, especially in nations with histories of military dictatorships. Describes human rights education in Chile and other Latin American nations. Discusses whether human rights should be a separate curriculum subject or integrated into all courses. (CFR)

  19. Human Rights and the African Renaissance | Acheampong | African ...

    African Journals Online (AJOL)

    This article examines the idea of African renaissance in relation to the teaching of human rights in African schools. It explores the connection between the African Renaissance and human rights, and whether there is a specific African concept of human rights. In the light of these discussions, the article sketches a perspective ...

  20. Perspective: Economic Human Rights: The Time Has Come!

    Science.gov (United States)

    Mittal, Anuradha

    1998-01-01

    Maintains that the high poverty levels in the United States implies that the goals of the Universal Declaration of Human Rights (UDHR) have not yet transformed the reality of U.S. citizens. Describes the national campaign called "Economic Human Rights: The Time Has Come!" that combats the violations of basic human rights like poverty.…

  1. Human Rights under the Ethiopian Constitution: A Descriptive ...

    African Journals Online (AJOL)

    This article summarizes human rights under the Ethiopian Constitution (mainly surrounding Chapter 3 of Constitution and related constitutional provisions on human and democratic rights), and forwards some insights. It, inter alia, covers various aspects of the application and interpretation of human rights provisions, ...

  2. Human Rights Education: Is Social Work behind the Curve?

    Science.gov (United States)

    Steen, Julie A.; Mathiesen, Sally

    2005-01-01

    This article presents a descriptive assessment of human rights education within schools of social work and law. A review of course titles and descriptions within MSW programs and law programs was conducted for identification of human rights content. The results suggest a dearth of human rights content in social work curricula and a great disparity…

  3. An Overview of Human Rights, Good Governance and Development ...

    African Journals Online (AJOL)

    An Overview of Human Rights, Good Governance and Development. ... African Research Review ... The paper also addresses the economic and social effect of such human rights violations on national development as well as the effect of using communication to solve the problem of human rights violations and corruption.

  4. Right to Development and Right to the City : A Proposal of Human Rights Categories Universal as assumptions Citizenship

    Directory of Open Access Journals (Sweden)

    Alessandra Danielle Carneiro dos Santos Hilário

    2016-05-01

    Full Text Available This article discusses the Right to the City, in a conceptual dimension and wide, and his dialectical relationship with the Universal Declaration of Human Rights of 1948 and its universalism and cultural relativism categories. The Right to the City (RtC is capitula- ted as one of the categories of the Human Right to Development from the compartments on Human Rights to descend from the Universal Declaration of Human Rights. Linked to this assumption, the discussion of universalism and cultural relativism theories bring to the fore important questions and considerations as to RtC condition, since in its current design and trampled by an evil legacy of neoliberalism, this right has demonstrated the need for authoritative action of the State, given the nature of fundamental human right of the third dimension. Through RtC, boasts up of economic, social and cultural rights, requiring a positive action of the state as compliance guarantee this human right. In this bias, relevant are discussions about the concept of law, morality, liberalism, effectiveness and universality of human rights theories and cultural relativism in dialectic with the RtC and its complexity. It starts from the assumption that the Universal Declaration of Human Rights and other statements which have descended universality (despite criticism, however, this har- vest, it is imperative closer examination of the concept, forecast, guarantee and effective- ness fundamental human rights, which may lead to a mixed application of universalistic and relativistic theories when analyzed from the perspective of these institutes. The Hu- man Right to Development (RtD presupposes notions of environmental sustainability and economic democracy, with qualified participation of social subjects (wide citizenship, seen continuous and articulated perspective as guiding the development process.

  5. Human Rights Education: The Promise of the Third Millennium?

    Science.gov (United States)

    Baxi, Upendra

    The 20th century could be characterized as the "Age of Rights." Never before has there been such progress and interest in human rights standards. To ensure this progress, human rights education (HRE) needs to look at the world history of the struggles for rights and against tyranny and injustice. The notions of HRE originated in the text…

  6. International human rights and cultural diversity: a balancing act

    NARCIS (Netherlands)

    Donders, Y.

    2013-01-01

    It is broadly agreed that international human rights law and cultural diversity have a mutually interdependent and beneficial relationship. Many human rights, such as the rights to freedom of expression, freedom of religion, freedom of assembly, as well as the rights to take part in cultural life

  7. The Right To Appeal For The Social Insurance As A Human And Constitutional Right

    Directory of Open Access Journals (Sweden)

    Selita Mirela

    2015-12-01

    Full Text Available Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, specially the article 6.

  8. Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law

    OpenAIRE

    Weller, Penny

    2009-01-01

    On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and p...

  9. Public Participation in Times of Privatisation: A Human Rights Analysis

    OpenAIRE

    Temperman, Jeroen

    2011-01-01

    markdownabstract__Abstract__ Privatisation may not only affect the enjoyment of the right to public participation itself, but might also impact other substantive rights. This article charts some of the ramifications of privatisation in relation to individual human rights as enshrined in international human rights conventions, with a particular focus on the impact privatisation has on the right to public participation. The right to public participation can be seen as both an example of a funda...

  10. Realization of Human Rights Guarantees in Civil Proceedings in Russia

    Directory of Open Access Journals (Sweden)

    Badma V. Sangadzhiev

    2016-09-01

    Full Text Available Civil legal proceedings are conducted according to the federal laws existing during consideration and permission of a civil case (making of separate legal proceedings or execution of court decrees. In case of lack of the regulation of a procedural law governing the relations which arose during civil legal proceedings, federal courts of the general jurisdiction and magistrate's courts apply the regulation governing the similar relations (analogy of the law. In the absence of such regulation of the judge work proceeding from the general principles of implementation of justice in the Russian Federation (analogy is right. Dispositions of general constitutional guarantees (which don't belong directly to judicial system, however their sense can quite be applied to judicial process of consideration of civil cases contain in the following articles of the Constitution of Russia: 17, 19, 29 and 45. Judicial activities are characterized by the major indicators: quality and efficiency (observance of procedural terms. According to the conventional principles and rules of international law to be an offender without unjustifiable delay constitutes one of the fundamental human rights inseparably linked with the right to fair legal proceeding. In a sense of the constitutional regulation, first, everyone has the right, but isn't obliged to protect the rights, secondly, to protect by all methods which aren't forbidden by the law. It is thought, the last purchases the force and the importance not as ascertaining (or transfer these methods in the law and as availability of real mechanisms of their use by the individual and availability of use.

  11. Adolescent health: policy, science, and human rights

    National Research Council Canada - National Science Library

    Roche, Jennifer; Davies, Diane; Boyce, William Francis

    2009-01-01

    ... Implications of Early Age of Sexual Debut 126 Roger S. Tonkin, Aileen Murphy, and Colleen S. Poon 9 Substance Use: Harm Reduction and the Rights of the Canadian Adolescent 152 Christiane Poulin 10 R...

  12. Ethical Dilemmas in Protecting Individual Rights versus Public Protection in the Case of Infectious Diseases

    Directory of Open Access Journals (Sweden)

    Kai-Lit Phua

    2013-01-01

    Full Text Available Infectious diseases—including emerging and re-emerging diseases such as Ebola and tuberculosis—continue to be important causes of morbidity and mortality in the globalizing, contemporary world. This article discusses the ethical issues associated with protecting the rights of individuals versus the protection of the health of populations in the case of infectious diseases. The discussion uses the traditional medical ethics approach together with the public health approach presented by Faden and Shebaya. 3 Infectious diseases such as Ebola hemorrhagic fever, Nipah virus and HIV/AIDS (together with tuberculosis will be used to illustrate particular points in the discussion.

  13. Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights

    Directory of Open Access Journals (Sweden)

    Ian M. Kysel

    2016-06-01

    Full Text Available The rights and movement of people crossing international borders remain inadequately governed and incompletely protected by a fragmented patchwork of institutions and norms. In recent years, debates regarding migration law and practice globally have been focused on subcategories of migrants, such as refugees, or on particular migration contexts, such as migration as a result of crisis or climate change. In response, a transnational initiative housed at the Georgetown University Law Center has drafted a soft-law bill of rights — the International Migrants Bill of Rights (IMBR — that seeks to elaborate the law protecting all migrants, regardless of the cause of their movement across an international border. The bill draws its content from human rights, refugee, and labor law, among other areas, and is drafted to be a comprehensive and declarative tool that articulates a core set of rights to protect migrants and to apply in the migration context.This article articulates how such a tool could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. Section I provides a brief overview of the gap that a soft-law bill of rights can address. Section II provides a brief overview of the history and content of the bill of rights and IMBR Initiative. Section III describes, specifically, how making use of a soft-law bill of rights stands to improve the recognition and protection of fundamental rights that protect all migrants — and how soft law can help fill specific protection gaps.

  14. [Human values and respect of human rights in oppressive conditions].

    Science.gov (United States)

    Bomba, J

    1993-01-01

    Human rights, an issue of political debates in the last decades, listed in the United Nations Declaration of 1946 are rooted in the humanistic tradition of philosophy and religion. The UN declared their universal character and made state organizations responsible for their observation. Among all human rights that for freedom is usually perceived as crucial. Psychiatry developed in Europe primarily a caring function. The medical model developed in psychiatry through the 19th c. supplied the criteria for medical diagnosis of mental disturbance, and elaborated a system of treatment which included long term hospitalization. Medicalization of psychiatry (recently coming back) is a force which gives courage to those who suffer, to their families, and to professionals as well. This power however, can be easily abused, when a psychiatrist adopts a position of someone who knows better that which is good for his/her patient. Legal regulations of the circumstances of psychiatric treatment, especially treatment against the patient's will should prevent the abuse of the mentally disturbed person's right for freedom. The goal is usually achieved by clear description of clinical and other conditions under which a person can be committed, and by establishing the committed person's right to claim the decision to be unjust. Poland is a country without legal regulation in the area of mental health (there are only administrative acts). For more than sixty years several projects on mental health law have been worked on. The last one which came to the Sejm (parliament) in 1980 was withdrawn by the "Solidarity" Trade Union. At present, the membership of Poland in international organizations makes an introduction of mental health law an obligation. Having no legal regulation, Polish psychiatry has been a self-regulating system. It is worth to note that even in the hard Stalinist period (1947-1956) there was no abuse of psychiatry for political reasons. The main reason for Polish

  15. Judicial protection of pension rights: problems of theory and practice

    Directory of Open Access Journals (Sweden)

    Marina G. Sedelnikova

    2018-01-01

    Full Text Available The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (formal-legal methods method of legal interpretation were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive

  16. Teachers' Pedagogical Perspectives and Teaching Practices on Human Rights in Cyprus: An Empirical Exploration and Implications for Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos; Charalambous, Constadina; Charalambous, Panayiota

    2016-01-01

    This paper describes a qualitative study that explored the understandings of human rights, pedagogical perspectives and practices in human rights teaching of three Greek-Cypriot elementary teachers. The study revealed some significant challenges in human rights teaching that seemed to be common for all three participating teachers. First, all of…

  17. The human rights responsibilities of multinational tobacco companies

    Science.gov (United States)

    Crow, M

    2005-01-01

    This article explores various strategies which could be used to hold the tobacco industry accountable for human rights violations precipitated by its conduct. First, a brief overview of the international human rights regime and the tobacco related jurisprudence issued by human rights treaty bodies is provided. The article then explains how tobacco control advocates could promote more systematic consideration of governments' tobacco related human rights violations by reconceptualising the Framework Convention on Tobacco Control in the language of rights. The feasibility of using the existing human rights framework to target the tobacco industry directly is analysed with the conclusion that this approach has serious limitations. Emerging human rights norms, which have greater potential to affect the industry's conduct, are presented. Finally, given the questionable authoritativeness of these norms, alternative ways that they could be employed to hold tobacco companies accountable for the rights related consequences of their activities are proposed. PMID:16046696

  18. Protecting confidentiality rights: the need for an ethical practice model.

    Science.gov (United States)

    Fisher, Mary Alice

    2008-01-01

    All psychologists must uphold the same ethical standards about confidentiality even though each state imposes different legal limits on their ability to protect clients' confidences. The resulting ethical-legal confusion is exacerbated by legally based confidentiality training that treats legal exceptions as if they were the rule and fosters the impression that attorneys are now the only real experts about this aspect of practice. This article provides an ethics-based confidentiality practice model that clarifies the ethical rule and puts its legal exceptions into ethical perspective. Like the Confidentiality section of the American Psychological Association's (2002) Ethical Principles of Psychologists and Code of Conduct, this outline would apply to all psychologists regardless of state laws, but the details of its implementation would vary according to role and setting. It can be used as a universal training outline, a consultation and supervision tool, a guide to professional practice, and a basis for clearer ongoing conversation about the ethics of "conditional confidentiality." Psychologists can use this practice model to regain their status as experts about the confidentiality ethics of their own profession. PsycINFO Database Record (c) 2008 APA, all rights reserved.

  19. Of sweatshops and subsistence: Habermas on human rights

    OpenAIRE

    Ingram, David

    2009-01-01

    In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legit...

  20. Sexuality and human rights: an Asian perspective.

    Science.gov (United States)

    Laurent, Erick

    2005-01-01

    In Asia, the lesbian and gay rights movements are clearly dominated by activists, who tend to think in terms of a binary opposition (homo- vs hetero-) and clear-cut categories. Based on "Western patterns," the approach is practical, the arguments based on minority rights. "Coming out" is often perceived as a "white model" bringing more problems than real freedom. On the contrary, "Asian values" put the emphasis on family and social harmony, often in contradiction to what is pictured as "lesbian and gay rights." Homophobia follows very subtle ways in Asian countries. Asian gays have to negotiate their freedom, lifestyle and identities in an atmosphere of heterosexism, and not the endemic violent homophobia prevalent in many western countries. In Asia, one's identity relates to one's position in the group and sexuality plays a relatively insignificant role in its cultural construction. That Asian gays often marry and have children shows the elasticity their sexual identity encompasses. Fluidity of sexuality does not really match the Western approach in terms of essentialist categories that have a right to exist. Most Asian societies can be thought of as "tolerant" as long as homosexuality remains invisible. Procreative sexuality can be seen as a social duty, and heterosexual marriage is often not considered incompatible with a "homosexual life." The development of the Internet has even facilitated the encounters while allowing secrecy. Unfortunately, the traditional figures of transgender and transvestites have often been separated from the gay liberation movement.

  1. Research Professorship on International Human Rights | IDRC ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Toward a Regional Security Architecture for the Horn of Africa - Phase II. The Horn of Africa region has endured decades of destruction and human suffering due to long and interrelated wars. View moreToward a Regional Security Architecture for the Horn of Africa - Phase II ...

  2. Genocide: The Ultimate Human Rights Problem.

    Science.gov (United States)

    Charny, Israel W.

    1987-01-01

    Argues for a more humanistic definition of genocide; one that includes the intentional murder of a group of human beings on the basis of any shared identity. Identifies the Holocaust as the world's major genocidal event but urges recognition of the Armenian, Cambodian, and similar tragedies. Proposes an early-warning organization to monitor and…

  3. Prolegomena of Human Rights. Historical Roots and Globalization

    Directory of Open Access Journals (Sweden)

    Ana-Alina Dumitrache-Ionescu

    2015-05-01

    Full Text Available The paper Prolegomena of Human Rights. Historical Roots and Globalization analyses the complexity of the history of human rights which revolve around an incessant struggle for the awareness of the value of the human being. It is the history which defends the man, the human being, regarded individually or collectively, who was subjected in the course of time to some atrocities and abuses, confronting itself with exploitation, discrimination, oppression, slavery, torture and even extermination. Moreover, the historical evolution of human rights knows halting places in which the concepts of human rights are accompanied by ambiguity, by different meanings for different people and vary in accordance with the context. By way of resemblance, the problem of human rights in the context of globalization which transforms human rights into rights of the global citizen, rights which acquire new dimensions and significances imposed by the economic, politic and social changes specific of globalization is approached in this paper. The global vision of the new human rights involves both the opportunity to have a say when they are infringed for example, when they are subjected to torture or terror, and where human rights abuses are carried out by the people, for example, trafficking in human beings. (Ritzer, & Dean, 2015, p. 115

  4. Victims’ rights are human rights: The importance of recognizing victims as persons

    Directory of Open Access Journals (Sweden)

    Wemmers Jo-Anne

    2012-01-01

    Full Text Available In this paper the author argues that victims’ rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim’s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

  5. Euthanasia, empathy, compassion and Human Rights

    OpenAIRE

    Baum, Erica

    2017-01-01

    What is problematic in the study of empathy is his absence to the suffering of others. Euthanasia highlights the moral conflict about suffering or stop suffering facing at an irreversible and painful illness. I will analyze the conflict that has full respect of human dignity, laid down in Article 51 of the Civil and Commercial Code of Argentina, in relation to advance medical directives that involve a practice euthanasia, according to the Article 60 of the same legal body, should not be writt...

  6. Human rights reasoning and medical law: a sceptical essay.

    Science.gov (United States)

    Wall, Jesse

    2015-03-01

    I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as (a) reasoning from rights that each person has 'by virtue of their humanity', (b) reasoning from rights that provide 'hard to defeat' reasons for action and (c) reasoning from abstract norms to specified duties. I will then argue in Section 2 that, unless we (a) re-conceive of human rights as narrow categories of liberties, it becomes (b) necessary for our human rights reasoning to gauge the normative force of each claim or liberty. When we apply this approach to disputes in medical law, we (in the best case scenario) end up (c) 'looking straight through' the human right to the (disagreement about) values and features that each person has by virtue of their humanity. © 2014 John Wiley & Sons Ltd.

  7. International Security, Development, and Human Rights: Policy Conversion or Conflict?

    Directory of Open Access Journals (Sweden)

    Miao-ling Lin Hasenkamp

    2012-04-01

    Full Text Available This article uses an institutional network governance approach to explore the overlapping dimension of the policy fields between security, development, and human rights, reflected in the US and German provincial reconstruction teams (PRTs in Afghanistan. The past two decades have witnessed a gradually changing paradigm in academic and policy debates regarding the questions of the normative basis of world order and possibilities for tackling imminent threats to security and peace (i.e. intra-state armed conflicts, failed states, terrorism, poverty, and deepening inequality. The introduction of concepts such as “human security” and “the right to humanitarian intervention/responsibility to protect (R2P” as well as critical examinations of peace-, nation-, and state-building missions (PNSB have led to a relativist tendency of state sovereignty and a changing attitude regarding how to address the intersection of security, development, and human rights. Despite this shift, the policy commitments to integrating these policy considerations remain puzzling. How have they been redefined, conceptualized, and put into practice? I argue that an integrated conceptual approach has facilitated the redefinition of common policy goals, principles, and the mobilization of resources. At the same time, civil and military cooperation, as demonstrated in the multifunctional work of PRTs, has been Janus-headed—permanently caught in an ongoing tension between the war on terror and short-term stability operation on the one hand and long-term durable peace and development on the other. The misunderstanding of its interim character, the dynamics of Afghan environment, the blurring of policy lines, and the differences between national PRT models have made it difficult to systematically assess the efficiency and legitimacy of each policy frame and program.

  8. Documenting human rights violations against sex workers in Kenya.

    Science.gov (United States)

    Lukera, MaryFrances

    2007-12-01

    The human rights of sex workers are an increasing concern for prominent women's rights organizations such as the Federation of Women Lawyers (FIDA). As FIDA-Kenya's MaryFrances Lukera writes, documenting human rights abuses against sex workers is critical to responding to Kenya's HIV epidemic.

  9. On the Concept of Fundamental Human Right to Favourable Environment

    Czech Academy of Sciences Publication Activity Database

    Blahož, Josef

    2011-01-01

    Roč. 150/1, č. 12/3 TLQ (2011), s. 170-180 ISSN 0231-6625 Institutional research plan: CEZ:AV0Z70680506 Keywords : European Court of Human Right * the human rights idea and the right to environment * constitutional law Subject RIV: AG - Legal Sciences

  10. The United States and the universality of human rights.

    Science.gov (United States)

    Chomsky, N

    1999-01-01

    The United States takes a highly relativistic stance toward the Universal Declaration of Human Rights. It regards the socio-economic rights and the right to development as without status; exempts itself from all provisions of the Declaration by failing to sign the conventions designed to implement these provisions; and unilaterally qualifies its support of civil and political rights. Leading recipients of U.S. aid have traditionally included regimes with atrocious human rights records. Those struggling for human rights should have no illusions about the systems of power and their servants.

  11. Teaching Human Rights through Global Education to Teachers in Pakistan

    Science.gov (United States)

    Sadruddin, Munir Moosa

    2017-01-01

    Pakistan is home to religious and cultural ideologies that greatly support the values of human rights. Nevertheless, the multilayered philosophies of human rights in Pakistan have at times heightened clashes and bred a culture of tension among higher education learners. Ideological filters in national education policies have removed human rights…

  12. Health and Human Rights : In Search of the Legal Dimension

    NARCIS (Netherlands)

    Toebes, Brigit

    2015-01-01

    Abstract: – This paper explores the legal contours of the field of ‘health and human rights’ as a new and emerging field of human rights law. After an analysis of its conceptual foundations, it explains illustrates how health and human rights evolved from a phase of standard-setting to a field that

  13. The future of human rights impact assessments of trade agreements

    NARCIS (Netherlands)

    Walker, S.M.

    2009-01-01

    The Future of Human Rights Impact Assessments of Trade Agreements develops a methodology for human rights impact assessments of trade agreements and considers whether there is any value in using the methodology on a sustained basis to ensure that the human dimensions of international trade are taken

  14. Human rights and the requirement for international medical aid.

    Science.gov (United States)

    Tolchin, Benjamin

    2008-08-01

    Every year approximately 18 million people die prematurely from treatable medical conditions including infectious diseases and nutritional deficiencies. The deaths occur primarily amongst the poorest citizens of poor developing nations. Various groups and individuals have advanced plans for major international medical aid to avert many of these unnecessary deaths. For example, the World Health Organization's Commission on Macroeconomics and Health estimated that eight million premature deaths could be prevented annually by interventions costing roughly US$57 bn per year. This essay advances an argument that human rights require high-income nations to provide such aid. The essay briefly examines John Rawls' obligations of justice and the reasons that their applicability to cases of international medical aid remains controversial. Regardless, the essay argues that purely humanitarian obligations bind the governments and citizens of high-income liberal democracies at a minimum to provide major medical aid to avert premature deaths in poor nations. In refusing to undertake such medical relief efforts, developed nations fail to adequately protect a fundamental human right to life.

  15. Human and peoples' rights: social representations among Cameroonian students.

    Science.gov (United States)

    Pirttilä-Backman, Anna-Maija; Kassea, Raul; Sakki, Inari

    2009-12-01

    Social representations of human and peoples' rights were studied among Cameroonian university students (N = 666) with a questionnaire based on the UN Declaration of Human Rights and the African Charter on Human and Peoples' Rights and Duties. The respondents were asked how important and how well realized they regarded the 39 human and peoples' rights to be. A 13-factor model provided the best fit with Cameroonian students' perceptions of human and peoples' rights. Taken as a whole, our results are in line with previous quantitative studies on human rights, confirming structural similarity but also country-specific variation in the aggregation of specific rights. Moreover, our data showed that Cameroonian students value human and peoples' rights highly (M = 6.18), whereas their fulfillment is not regarded as highly (M = 5.09). Same law for all, equality and freedom, and right to work and living were highly appreciated but lowly realized rights. Higher than average in importance and realization were right to education and self-fulfillment, right to marriage and property, peoples' social and political basic rights and right to life and safety. Low in importance and realization were peoples' right to their country's natural resources and independence, right to meetings, and right to express opinion. Women appreciated the rights more than men and thought of their rights as better realized compared to men. We suggest that when women say that their rights are better fulfilled than men do, it is in comparison with the older generation, who are still very dependent on men. Nowadays, thanks to education and urbanization, young women have wider choices or opportunities for marriage and jobs. Men may feel frustrated in the context of political liberalization because the freedoms are more theoretical than fulfilled; the economic crises and cultural changes have hindered their economic domination and their prerogatives.

  16. Accommodating the Right to Development in Kosovo: A Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Remzije Istrefi

    2017-08-01

    Full Text Available The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues to be one of the most contested rights in academic and political circles. The conflicting interpretation of the right to development and its contested legal status affects realization of development to which every human person is entitled by virtue of the right to development. But, if the right to development is read through the human rights “lenses”, it can result in an interpretation that can be most helpful for its realization in practice. The relevance of interpretation of the right to development as a human right becomes imperative in transitional society such as the one in Kosovo where the environment continues to encounter legal and structural obstacles to development. In light of this situation the present paper analyses the relationship between human rights and development, the relevance of development in post conflict society and its impact on overcoming the transition and securing a lasting peace.

  17. The UN, National Human Rights Institutions (NHRIs), and Regional Networks: : New Venues for raising LGBT Issues in Southeast Asia

    NARCIS (Netherlands)

    Holzhacker, Ron

    2015-01-01

    The UN is increasingly a place where a critical discussion about human rights and sexual orientation and identity is taking place. An important institutional component of the UN system of protection of human rights is the creation of National Human Rights Institutions (NHRIs). These NHRIs are funded

  18. EDITORIAL: ISLAM AND HUMAN RIGHTS: Contested Viewpoints

    Directory of Open Access Journals (Sweden)

    Editor Al-Jami'ah: Journal of Islamic Studies

    2007-08-01

    Full Text Available The remaining problem faced by Muslims living in this modern life is how the teachings of Islam believed as bless for all human being can be confirmed in the reality of everyday life humanity crammed with conflicts and dissonances. It is staggering to consider that not all Muslims concern, and perhaps do not wish to know, about the current discourse on Islam and its relation with others. Although Samuel Huntington’s controversial theory of “Clash of Civilization” might be challenged by most Muslim circles, the heightening conflict involving Western and Islamic civilizations in the aftermath of September 11, 2001 has approved his theory. The attack of terrorism to the US soil has triggered not only the unremitting war on terror undergone towards the alleged Muslim terrorists worldwide but also the worsening relationship between the two civilizations believed to have been engulfed since the two decades before. Candidly, this phenomenon has also affected the intra-faith dialogue among Muslims having different thought of religion.

  19. The Concept of Rights and Protection to Employees: A Comparative Overview

    Directory of Open Access Journals (Sweden)

    RAJA RAZIFF RAJA SHAHARUDDIN

    2013-12-01

    Full Text Available Issues relating to the rights and protection accorded to employees throughout their employment with the employers is a matter that has been given much attention and treated with utmost priority in any organization, be it in the public or the private sector. It is an undeniable fact that the success story of any organization in the generation of profits in its enterprise or the smooth running in achieving the organization's desired objectives is much attributed to having a reliable, skilled and efficient workforce. Today, employees have been regarded as one of the most valuable assets of any organization. In pursuant thereto, apart from having various employment packages, laws regulating employment were enacted as protective measures in guiding both employers and employees. At the international level, rights and protections to employees have been embedded in the Universal Declaration of Human Rights. Comparatively, under the Shariah, though a similar concept has been forwarded, the notion of employment has been elevated to the status of ‘ibadah. Islam places importance of adhering to the Shari`ah principles in dealing with protection accorded to employees. As employment is regarded as ‘ibadah’ the employees are required and enjoined to observe full dedication, sincerity and commitment to their tasks. It is the responsibility of the employers, on the other hand, to ensure that the welfare of their employees is well protected. This paper attempts to outline the concept of employment under the Shari’ah and civil perspectives and to provide a comparative understanding on the rights and protection accorded to employees.

  20. Teaching the History of Human Rights and "Humanitarian" Interventions

    Directory of Open Access Journals (Sweden)

    Mary Nolan

    2015-10-01

    Full Text Available This article explores how I teach about human rights and so-called humanitarian interventions to MA and Ph.D. students.  The course has three main themes or foci.  First, what are human rights and why have the social and economic human rights laid out in the Universal Declaration of Human Rights been so neglected or rejected, especially by the U.S.  Second, how has American foreign policy used and abused human rights.  Third, why have liberal or humanitarian interventions of a militarized sort become so prevalent since the end of the Cold War and why are they so damaging.  The goal is to get students to look critically at the meaning and uses of human rights, about which many display a naive enthusiasm.

  1. Institutionalizing shame: The effect of Human Rights Committee rulings on abuse, 1981-2007.

    Science.gov (United States)

    Cole, Wade M

    2012-05-01

    What motivates compliance with "toothless" international human rights norms? This article analyzes the effectiveness of procedures that allow individuals to petition an international human rights body, the Human Rights Committee, alleging state abuse of their treaty-protected rights under the International Covenant on Civil and Political Rights. Using methodological tools that account for selection biases arising from a country's decision to authorize petitions and its subsequent propensity to be targeted by abuse claims, I find that basic civil rights and religious freedoms improved after states were found to have violated their human rights treaty obligations, whereas physical integrity abuses such as disappearances and extrajudicial killing were somewhat more impervious to change. These findings are interpreted with reference to the concept of "coupling" as borrowed from organizational sociology, and their implications for treaty design and enforcement are considered. Copyright © 2011 Elsevier Inc. All rights reserved.

  2. 30 CFR 250.204 - How must I protect the rights of the Federal government?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false How must I protect the rights of the Federal government? 250.204 Section 250.204 Mineral Resources MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR... Information § 250.204 How must I protect the rights of the Federal government? (a) To protect the rights of...

  3. Where Public Health Meets Human Rights: Integrating Human Rights into the Validation of the Elimination of Mother-to-Child Transmission of HIV and Syphilis.

    Science.gov (United States)

    Kismödi, Eszter; Kiragu, Karusa; Sawicki, Olga; Smith, Sally; Brion, Sophie; Sharma, Aditi; Mworeko, Lilian; Iovita, Alexandrina

    2017-12-01

    In 2014, the World Health Organization (WHO) initiated a process for validation of the elimination of mother-to-child transmission (EMTCT) of HIV and syphilis by countries. For the first time in such a process for the validation of disease elimination, WHO introduced norms and approaches that are grounded in human rights, gender equality, and community engagement. This human rights-based validation process can serve as a key opportunity to enhance accountability for human rights protection by evaluating EMTCT programs against human rights norms and standards, including in relation to gender equality and by ensuring the provision of discrimination-free quality services. The rights-based validation process also involves the assessment of participation of affected communities in EMTCT program development, implementation, and monitoring and evaluation. It brings awareness to the types of human rights abuses and inequalities faced by women living with, at risk of, or affected by HIV and syphilis, and commits governments to eliminate those barriers. This process demonstrates the importance and feasibility of integrating human rights, gender, and community into key public health interventions in a manner that improves health outcomes, legitimizes the participation of affected communities, and advances the human rights of women living with HIV.

  4. Global bioethics and human rights in an African context: A reformed theological discourse on global bioethics as a new human rights ethos

    Directory of Open Access Journals (Sweden)

    A.L. Rheeder

    2016-09-01

    Full Text Available The 2005 UNESCO Universal Declaration of Bioethics and Human Rights (UDBHR is specifically aimed at Africa and developing countries from other regions. The acceptance of this UNESCO instrument shows that global bioethics and human rights have become part of the bioethics discourse of today. It is clear that there is a certain affinity between human rights and bioethics, which makes such a link desirable. The value of this link lies in the fact that human rights facilitate a normative universal expansion of bioethical principles. The human rights framework provides bioethical principles with some authority and political influence, an instrument that can protect people in our broken context. Human rights practice and a reformed understanding of natural law both show that humanity can reach consensus on ethical principles such as those found in the UDBHR. Consensus on the theoretical foundation of human rights is not a prerequisite for the successful utilisation of these principles.

  5. Human rights, public health and medicinal cannabis use

    OpenAIRE

    Bone, Melissa; Seddon, Toby

    2015-01-01

    This paper explores the interplay between the human rights and drug control frameworks, and critiques case law on medicinal cannabis use to demonstrate that a bona fide human rights perspective allows for a broader conception of ‘health’. This broad conception, encompassing both medicalised and social constructionist definitions, can inform public health policies relating to medicinal cannabis use. The paper also demonstrates how a human rights lens can alleviate a core tension between the St...

  6. Responding to Globalization and Urban Conflict: Human Rights City Initiatives

    OpenAIRE

    Jackie Smith

    2018-01-01

    Expanding globalization and urbanization have intensified the threats to human rights for many vulnerable groups and have restricted resources available to the primary guarantors of these rights—local authorities. Human rights cities initiatives are bottom-up efforts to advance human rights implementation in local contexts. They are emerging around the world in response to the global pressures on cities that intensify urban inequality and conflict. In this article I discuss how global changes...

  7. Moslem Women, Religion And The Hijab: A Human Rights Perspective

    African Journals Online (AJOL)

    veil (niqab) and the head-to-toe all enveloping garment (jilbab) has raised complex human rights issues particularly in the context of women's rights to freedom of religion and its manifestation, equality and nondiscrimination, education and work ...

  8. Corporate Responsibility to Respect Human Rights and Business Schools' Responsibility to Teach It: Incorporating Human Rights into the Sustainability Agenda

    Science.gov (United States)

    McPhail, Ken

    2013-01-01

    The Preamble to the Universal Declaration on Human Rights (UNDHR) calls on every organ of society to teach and educate for the promotion of the rights it contains. However, few if any business schools have any systematic or critical human rights content in their accounting and business curricula. This oversight is increasingly problematic as…

  9. Human Rights in The Monotheistic Religions : Justification of Human Rights in the perspective of monotheistic religion according to Human Rights Theories

    OpenAIRE

    Ali, Sadaqat

    2018-01-01

    The discourse of human rights has been very prominent in the post-world wars which led various international organizations and institutes to generate awareness on this subject and pave a path for implementation of fundamental human rights in the world. Many theories have been coined and proliferated in the world to look the matter more seriously. The question mark on the role of religion in this regard has led the discussion sidelining divinely revealed monotheistic religions. Thus, religions...

  10. The universality of human rights: some pending questions

    African Journals Online (AJOL)

    Sidi Omar

    Cultural relativism, in brief, is the assertion that human values, far from being ... that particular human rights are like ‗essentially contested concepts' in which there ... There are obviously enough philosophical, ethical and legal arguments for ...

  11. Strategies for Implementing Human Rights Education in Nigeria ...

    African Journals Online (AJOL)

    Strategies for Implementing Human Rights Education in Nigeria. ... the social and emotional development of the child and by introducing democratic values. It helps learners to develop attitudes of solidarity across issues and nations. Human ...

  12. LGBT rights versus Asian values: de/re-constructing the universality of human rights

    OpenAIRE

    Lee, Po-Han

    2016-01-01

    Law, especially from the international human rights regime, is a direct reference on which minority groups rely when it comes to ‘non-discrimination’. Drawing upon LGBT rights in Taiwan, as well as Hong Kong and Singapore, this article – through an application of K.H. Chen’s (2010) Asia as Method – critically reviews how global LGBT politics interact with local societies influenced by Confucianism. Along a perpetual competition between the universalism and cultural relativism of human rights,...

  13. Radiation protection for human population

    International Nuclear Information System (INIS)

    Kenigsberg, Ya.Eh.; Bogdevich, I.M.; Rolevich, I.V.; Sharovarov, G.A.; Skurat, V.V.

    1997-01-01

    Are given the results of researches carried out in Belarus in 1996 on the following directions: study of features of formation of the population irradiation doze; definition of collective irradiation dozes of the population of Belarus for 10 years after the Chernobyl accident and forecast of risk of radiation induced diseases; study of influence of the radioactive contamination on agricultural ecosystems; development of technologies of manufacture on the contaminated soils of plant and cattle-breeding production and food products with the permissible contents of radionuclides in according to the requirements of radiation protection; development and perfection of complex technologies, ways and means of decontamination, processing and burial of radioactive wastes; development and substantiation of actions for increase of radiation security of the population of Belarus; development of combined system of an estimation on problems of radiation protection of the population living on contaminated territories

  14. References to Human Rights in Codes of Ethics for Psychologists: Critical Issues and Recommendations. Part 1

    Directory of Open Access Journals (Sweden)

    Жанель Готье

    2018-12-01

    Full Text Available There are codes of ethics in psychology that explicitly refer to human rights. There are also psychologists interested in the protection and promotion of human rights who are calling for the explicit inclusion of references to human rights in all psychology ethics codes. Yet, references to human rights in ethics documents have rarely been the focus of attention in psychological ethics. This article represents the first part of a two-part article series focusing on critical issues associated with the inclusion of references to human rights in the ethical codes of psychologists, and recommendations about how psychological ethics and the human rights movement can work together in serving humanity. The first part of the article series examines issues pertaining to the interpretation of references to human rights in codes of ethics for psychologists, and the justifications for including these references in psychological ethics codes. The second part of the article series examines how the Universal Declaration of Ethical Principles for Psychologists can be used to extend or supplement codes of ethics in psychology, how ethical principles and human rights differ and complement each other, and how psychological ethics and the human rights movement can work together in serving humanity and improving the welfare of both persons and peoples.

  15. Impact of Globalization on the Right to Health as an Instance of Human Rights

    Directory of Open Access Journals (Sweden)

    Jayashree Palande

    2011-07-01

    Full Text Available Since the advent of globalization, the issue of human rights - especially right to health- and their violation through the process of globalization was discussed. These impotent rights are affected both in positive and negative way by the globalization. Present study scrutinizes these effects and concludes that globalization is functioning as a double edged-sword in this regards.

  16. Arguments for the Normative Validity of Human Rights

    DEFF Research Database (Denmark)

    Pedersen, Esther Oluffa

    2016-01-01

    . The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy......The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651) and Rousseau’s Social Contract (1762) are discussed as important predecessors...... Bentham protested against the Declaration’s core idea of inalienable human rights....

  17. Radiation protection for human population

    International Nuclear Information System (INIS)

    Bogdevich, I.M.; Kenigsberg, Ya.Eh.; Minenko, V.F.; Mrochek, A.G.; Rolevich, I.V.; Skurat, V.V.; Sharovarov, G.A.

    1998-01-01

    The purpose of researches is development of methods and means of reduction of radiation risk caused by the Chernobyl accident consequences by means of decrease of both individual and collective dozes by realization of special protective measures. The reconstruction of average collective accumulated irradiation dozes of the inhabitants of the contaminated populated localities of Belarus is carried out; the forecast of development of radiation induced oncologic diseases is given. The laws of formation of annual irradiation dozes are investigated; the prevailing role of internal irradiation dozes in formation of total dose loadings is detected. On this basis a number of practical projects directed on creation of effective land tenure and decrease of radioactive contamination of agricultural production, as well as decontamination technologies and radioactive waste management are executed. Are given the results of researches carried out in Belarus in 1997 on the following directions: dose monitoring of the population, estimation and forecast of both collective irradiation dozes and risks of radiation induced diseases; development and optimization of a complex of measures for effective land use and decrease of radioactive contamination of agricultural production in order to reduce irradiation dozes of the population; development of complex technologies and means of decontamination, treatment and burial of radioactive wastes; development and ground of the measures for increase of radiation protection of the population of Belarus during of the reducing period after the Chernobyl accident; development of complex system of an estimation and decision-making on problems of radiation protection of the population living on contaminated territories

  18. Human rights violations against sex workers: burden and effect on HIV.

    Science.gov (United States)

    Decker, Michele R; Crago, Anna-Louise; Chu, Sandra K H; Sherman, Susan G; Seshu, Meena S; Buthelezi, Kholi; Dhaliwal, Mandeep; Beyrer, Chris

    2015-01-10

    We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of human rights violations against sex workers. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts. Violations include homicide; physical and sexual violence, from law enforcement, clients, and intimate partners; unlawful arrest and detention; discrimination in accessing health services; and forced HIV testing. Abuses occur across all policy regimes, although most profoundly where sex work is criminalised through punitive law. Protection of sex workers is essential to respect, protect, and meet their human rights, and to improve their health and wellbeing. Research findings affirm the value of rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the rights of this marginalised population. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. Menneskerettighedernes Æstetik /The Aesthetics of Human Rights

    DEFF Research Database (Denmark)

    2012-01-01

    The idea of this thematic issue on "The Aesthetics of Human Rigths" of the journal "Academic Quarter" is to focus on the staging of human rights in popular culture and fine arts and in different media and genres.......The idea of this thematic issue on "The Aesthetics of Human Rigths" of the journal "Academic Quarter" is to focus on the staging of human rights in popular culture and fine arts and in different media and genres....

  20. Human rights in patient care and public health-a common ground.

    Science.gov (United States)

    Peled-Raz, Maya

    2017-01-01

    Medical law and public health law have both served extensively as instruments of health protection and promotion-yet both are limited in their effect and scope and do not sufficiently cover nor supply a remedy to systematic, rather than anecdotal, mistreatments in the health care system. A possible solution to this deficiency may be found in the human rights in patient care legal approach. The concept of human rights in patient care is a reframing of international human rights law, as well as constitutional thought and tools, into a coherent approach aimed at the protection and furthering of both personal and communal health. It applies human rights discourse and human rights law onto the patient care setting while moving away from the narrow consumeristic view of health care delivery. By applying human rights in patient care approach, both national and international courts may and should serve as policy influencing instruments, protecting the rights of the most vulnerable and prejudiced against groups, which are want of a remedy through traditional patients' rights legal schemes.

  1. Human rights, politics, and reviews of research ethics.

    Science.gov (United States)

    Beyrer, Chris; Kass, Nancy E

    2002-07-20

    Although the human rights movement and the sphere of research ethics have overlapping principles and goals, there has been little attempt to incorporate external political and human rights contexts into research ethics codes or ethics reviews. Every element of a research ethics review--the balance of risks and benefits, the assurance of rights for individual participants, and the fair selection of research populations--can be affected by the political and human rights background in which a study is done. Research that at first seems to be low in risk may become high in risk if implemented in a country where the government might breach the confidentiality of study results or where results might be used to deport a refugee group. Researchers should determine whether research could or should be done by consulting human rights organisations and, when possible, a trusted colleague, to learn the background political context and human rights conditions of the settings in which they propose to do research.

  2. Human rights: common meaning and differences in positioning

    Directory of Open Access Journals (Sweden)

    Willem Doise

    Full Text Available Human rights are defined as normative social representations embedded in institutional juridical definitions. Research findings show that human rights can be studied as normative social representations implying a degree of common understanding across cultures together with organized differences within and between cultures. Important factors in modulating individual positioning in the realm of human rights are experiences of social conflict and injustice, beliefs about the efficiency of various social actors to have rights enforced and attitudes of liberalism or collectivism. On the other hand, an ethnocentric use of human rights is well documented and has been experimentally studied. Generally, concerns about these rights expressed by citizens of Western countries become much stronger when non-Western countries are involved, whereas violations of these rights in their own country are often not severely condemned.

  3. 47 Employing the Mass Media for the Promotion of Human Rights in ...

    African Journals Online (AJOL)

    First Lady

    2013-01-28

    Jan 28, 2013 ... This is found in the human rights protection system of states, international ... the press and to deliver expected benefits to the society. The theory .... provides for gender equality, cases of violations of women's rights and gender ... schooling for the last few years, the rate of girls attending school is still much ...

  4. Building Human Rights, Peace and Development within the United Nations

    Directory of Open Access Journals (Sweden)

    Christian Guillermet Fernández

    2015-01-01

    Full Text Available War and peace have perpetually alternated in history. Consequently, peace has always been seen as an endless project, even a dream, to be in brotherhood realized by everyone across the earth. Since the XVII century the elimination of war and armed conflict has been a political and humanitarian objective of all nations in the world. Both the League of Nations and the United Nations were conceived with the spirit of eliminating the risk of war through the promotion of peace, cooperation and solidarity among Nations. The Universal Declaration of Human Rights and the subsequent human rights instruments were drafted with a sincere aspiration of promoting the value of peace and human rights worldwide. International practice shows the close linkage between the disregard of human rights and the existence of war and armed conflict. It follows that the role of human rights in the prevention of war and armed conflict is very important. Since 2008 the Human Rights Council has been working on the ‘Promotion of the Right of Peoples to Peace.’ Pursuant resolutions 20/15 and 23/16 the Council decided firstly to establish, and secondly to extend the mandate of the Open-Ended Working Group (OEWG aimed at progressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed in its second session (July 2014 the approach of the Chairperson-Rapporteur, which is basically based on the relationship between the right to life and human rights, peace and development.

  5. Accommodating the Right to Development in Kosovo: A Human Rights Perspective

    OpenAIRE

    Remzije Istrefi

    2017-01-01

    The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues t...

  6. Human rights, health and the state in Bangladesh

    Directory of Open Access Journals (Sweden)

    Rahman Redwanur M

    2006-04-01

    Full Text Available Abstract Background This paper broadly discusses the role of the State of Bangladesh in the context of the health system and human rights. The interrelation between human rights, health and development are well documented. The recognition of health as a fundamental right by WHO and subsequent approval of health as an instrument of welfare by the Universal Declaration of Human Rights (UDHR and the International Covenant on Social, Economic and Cultural Rights (ICSECR further enhances the idea. Moreover, human rights are also recognized as an expedient of human development. The state is entrusted to realize the rights enunciated in the ICSECR. Discussion In exploring the relationship of the human rights and health situation in Bangladesh, it is argued, in this paper, that the constitution and major policy documents of the Bangladesh government have recognized the health rights and development. Bangladesh has ratified most of the international treaties and covenants including ICCPR, ICESCR; and a signatory of international declarations including Alma-Ata, ICPD, Beijing declarations, and Millennium Development Goals. However the implementation of government policies and plans in the development of health institutions, human resources, accessibility and availability, resource distribution, rural-urban disparity, the male-female gap has put the health system in a dismal state. Neither the right to health nor the right to development has been established in the development of health system or in providing health care. Summary The development and service pattern of the health system have negative correlation with human rights and contributed to the underdevelopment of Bangladesh. The government should take comprehensive approach in prioritizing the health rights of the citizens and progressive realization of these rights.

  7. CONSIDERATIONS ON THE IMPORTANCE OF OBSERVING HUMAN RIGHTS WITHIN EUROPEAN STATES

    Directory of Open Access Journals (Sweden)

    Isabela, STANCEA

    2014-11-01

    Full Text Available The detailed analysis of the institution of human rights and fundamental freedoms is necessary to know its role. The promotion of the human condition in the world leads to the innovative interpretation of this institution. The existence of so many international legal instruments aims towards a better protection of the human rights in contemporary society. The issue of human rights has occupied an important role within the states, human rights violations being a common concern, especially in the former communist states. The issue of human rights in Romania has emerged and developed very early. The changes made in Romania by the revolution of 22 December 1989 caused an intense process of amending the legislation in order to be correlated with the international standards. Within European states human rights observance has acquired great importance, a matter which will be emphasised in the future as well. The European Court of Human Rights ensures the guarantee of respecting human rights in Europe, having as legal instrument the European Convention on Human Rights.

  8. A Human Right to Identity Formation? Identity, Politics, and the Universality of Human Rights

    Directory of Open Access Journals (Sweden)

    Richard T. Peterson

    2006-12-01

    Full Text Available This paper will build on ideas I presented at the previous conference (in 2003 on human rights at Mofid University. In that paper, I argued that it is a mistake to view human rights as the expression of a specific culture or historical identity (e.g., that of the “West”. Instead, human rights are better understood as historically emergent universals created in the conflict and interaction of various social groups with contrasting interests, cultural understandings, and identities. The aim of preserving a specific culture, religion, or historical identity against cultural imperialism or other kinds of domination can be supported by appealing to a human right to the formation of distinctive identities. Therefore this human right can contribute to a plurality of identities within the global network of societies that is emerging today. The aim of this paper is to develop this idea of a human right to identity formation دراین مقاله مخالفت خود را با تردید در جهان‌شمولی حقوق بشر اعلام کرده‌ام. این تردید، بر این باور مبتنی است که حقوق بشر، امری تحمیلی ازسوی غرب می‌باشد. من دلایلی برای انکار این نظر که حقوق بشر تماماً غربی است ارائه کرده، به وجوهی اشاره کردم که در واقع خیزش حقوق بشر، دست کم تا حدودی، ناشی از مبارزاتی است که با سلطة قدرت‌های غربی صورت می‌گیرد. این شیوه از استدلال، نیازمند انکار این مطلب نیست که زبان حقوق بشر گاه شکل سیاست‌هایی را گرفته که تمایز فرهنگ‌های دیگر را نمی‌توانند بفهمند (تشخیص دهند و از نابرابری جهانی ثروت و قدرت غفلت کرده‌اند، یا حتی از آن به نحو تلویحی حمایت

  9. Grassroots responsiveness to human rights abuse: history of the Washtenaw Interfaith Coalition for Immigrant Rights.

    Science.gov (United States)

    Sanders, Laura; Martinez, Ramiro; Harner, Margaret; Harner, Melanie; Horner, Pilar; Delva, Jorge

    2013-04-01

    The purpose of this article is to discuss how a community agency based in Washtenaw County, the Washtenaw Interfaith Coalition for Immigration Rights (WICIR), emerged in response to increasing punitive immigration practices and human rights abuses toward the Latino community. The article discusses how WICIR is engaged in advocacy, community education on immigration issues, and political action toward a more humane immigration reform. Detailed examples of human rights abuses and the WICIR activities described in response to the abuses serve as illustrations of social work advocacy, education, and policy formulation that affect the general public, policymakers, and law enforcement officials.

  10. The Rohingya people of Myanmar: health, human rights, and identity.

    Science.gov (United States)

    Mahmood, Syed S; Wroe, Emily; Fuller, Arlan; Leaning, Jennifer

    2017-05-06

    The Rohingya people of Myanmar (known as Burma before 1989) were stripped of citizenship in 1982, because they could not meet the requirement of proving their forefathers settled in Burma before 1823, and now account for one in seven of the global population of stateless people. Of the total 1·5 million Rohingya people living in Myanmar and across southeast Asia, only 82 000 have any legal protection obtained through UN-designated refugee status. Since 2012, more than 159 000 people, most of whom are Rohingya, have fled Myanmar in poorly constructed boats for journeys lasting several weeks to neighbouring nations, causing hundreds of deaths. We outline historical events preceding this complex emergency in health and human rights. The Rohingya people face a cycle of poor infant and child health, malnutrition, waterborne illness, and lack of obstetric care. In December, 2014, a UN resolution called for an end to the crisis. We discuss the Myanmar Government's ongoing treatment of Rohingya through the lens of international law, and the steps that the newly elected parliament must pursue for a durable solution. Copyright © 2017 Elsevier Ltd. All rights reserved.

  11. Health and human rights of women imprisoned in Zambia

    Directory of Open Access Journals (Sweden)

    Todrys Katherine W

    2011-06-01

    Full Text Available Abstract Background The healthcare needs and general experience of women in detention in sub-Saharan Africa are rarely studied and poorly understood. Methods A mixed-methods study was conducted including in-depth interviews with 38 adult female prisoners and 21 prison officers in four Zambian prisons to assess the health and human rights concerns of female detainees. Key informant interviews with 46 officials from government and non-governmental organizations and a legal and policy review were also conducted. Results Despite special protection under international and regional law, incarcerated women's health needs–including prenatal care, prevention of mother-to-child transmission of HIV, and nutritional support during pregnancy and breastfeeding–are not being adequately met in Zambian prisons. Women are underserved by general healthcare programs including those offering tuberculosis and HIV testing, and reported physical and sexual abuse conducted by police and prison officers that could amount to torture under international law. Conclusions There is an urgent need for women's healthcare services to be expanded, and for general prison health campaigns, including HIV and tuberculosis testing and treatment, to ensure the inclusion of female inmates. Abuses against women in Zambian police and prison custody, which violate their rights and compromise their health, must be halted immediately.

  12. Visual graphics for human rights, social justice, democracy and the ...

    African Journals Online (AJOL)

    The value of human rights in a democratic South Africa is constantly threatened and often waived for nefarious reasons. We contend that the use of visual graphics among incoming university visual art students provides a mode of engagement that helps to inculcate awareness of human rights, social responsibility, and the ...

  13. Human rights and the new sustainable mechanism of the Paris ...

    African Journals Online (AJOL)

    Looking back at the experience of the Clean Development Mechanism (CDM) of the Kyoto Protocol, which bears great resemblance to the SDM, as well as to the human rights concerns raised during its implementation, the integration of human rights considerations into the SDM and its governing rules seems to be ...

  14. Human Rights Education: Imaginative Possibilities for Creating Change

    Science.gov (United States)

    Bajaj, Monisha

    2015-01-01

    Background/Context: Human rights education has proliferated in the past four decades and can be found in policy discussions, textbook reforms, and grassroots initiatives across the globe. This article specifically explores the role of creativity and imagination in human rights education (HRE) by focusing on a case study of one non-governmental…

  15. Images of Struggle: Teaching Human Rights with Graphic Novels

    Science.gov (United States)

    Carano, Kenneth T.; Clabough, Jeremiah

    2016-01-01

    The authors explore how graphic novels can be used in the middle and high school social studies classroom to teach human rights. The article begins with a rationale on the benefits of using graphic novels. It next focuses on four graphic novels related to human rights issues: "Maus I: A Survivor's Tale: My Father Bleeds" (Speigelman…

  16. Professionalizing a Global Social Movement: Universities and Human Rights

    Science.gov (United States)

    Suarez, David; Bromley, Patricia

    2012-01-01

    Research on the human rights movement emphasizes direct changes in nation-states, focusing on the efficacy of treaties and the role of advocacy in mitigating immediate violations. However, more than 140 universities in 59 countries established academic chairs, research centers, and programs for human rights from 1968-2000, a development that…

  17. A Narratable Self as Addressed by Human Rights

    Science.gov (United States)

    Adami, Rebecca

    2017-01-01

    The paper extends the critique in earlier research of human rights as exclusive of otherness and difference by introducing the work of Adriana Cavarero (2000) on a "narratable self." Hence, the formation of human rights is thus about the relations between different narratable selves, not just Western ones. A narrative learning, drawing…

  18. Toward a Critical-Sentimental Orientation in Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos

    2016-01-01

    This paper addresses one of the challenges in human rights education (HRE) concerning the conceptualization of a pedagogical orientation that avoids both the pitfalls of a purely juridical address and a "cheap sentimental" approach. The paper uses as its point of departure Richard Rorty's key intervention on human rights discourse and…

  19. Teaching "Islam and Human Rights" in the Classroom

    Science.gov (United States)

    Muedini, Fait A.

    2012-01-01

    This article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are…

  20. Human Rights Education and the International Baccalaureate Diploma Programme

    Science.gov (United States)

    Froman, Nica

    2015-01-01

    In 2003, the International Baccalaureate Diploma Programme (IBDP)--a program implemented in thousands of schools globally--introduced a human rights course (Makivirta, 2003). This curriculum is the first of its kind to hold potential widespread influence on human rights education in the formal education sector. In this study, I analyze the…