WorldWideScience

Sample records for human rights protection

  1. China's Judicial Protection of Human Rights

    Institute of Scientific and Technical Information of China (English)

    SHEN LIANG

    2007-01-01

    @@ China has devoted great efforts to improving judicial protection of human rights in the past 30 years.It has ratified the International Covenant on Economic,Social and Cultural Rights,signed but yet to ratify the International Covenant on Civil and Political Rights and become a state party to the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment.In March 2004,the 10th National People's Congress adopted at its second plenary session the amendments to the Constitution,writing "the state respects and protects human rights" into the Constitution,declaring that China will use legal means to protect and safeguard human rights.

  2. How China's Procuratorial Organs Protect Human Rights

    Institute of Scientific and Technical Information of China (English)

    JING DALI

    2011-01-01

    @@ Question: The Twelfth Five-Year Program, which was approved by the 2011 session of the National People's Congress, calls for better protection of human rights and more work to promote China's human rights cause.Would you tell us about the role played by procuratorial organs in this endeavor?

  3. The Environmental Right as a Human Right: Scientific Development and the Protection of Rights

    Institute of Scientific and Technical Information of China (English)

    ZHAN ZHONGLE

    2011-01-01

    @@ As environmental issues are attracting domestic and international attention,protection of environmental rights is becoming increasingly important in human rights affairs.Environmental protection involves economic development and social harmony, influences the maintenance and complete realization of people's rights to health, property and life, and is even related to the future existence of the whole human society.

  4. Communist Party of China and Human Rights Protection for Criminals

    Institute of Scientific and Technical Information of China (English)

    YAN JIA; PEI JUNJIE

    2011-01-01

    Protection of criminals' human rights is an important issue that has received full attention at home and abroad.The Communlst Party of China (CPC) has always attached much importance to the protection of criminals' human rights.Since the founding of New China,the Party and the state have paid full attention to protecting the human rights of criminals.

  5. The question of the system of protection of human rights

    OpenAIRE

    Revina S.; Pochuykina V.

    2016-01-01

    The Russian state is subject to the human rights activities through the system of state bodies, including the judiciary, as reflected in the Constitution of the Russian Federation. The authors consider the human rights function of the state, judicial protection as one of the ways of state protection of the rights and freedoms of man and citizen, study the elements of General system of protection of human rights in the Russian Federation and its Central element — the right to judicial protecti...

  6. Progress in the international protection of human rights.

    Science.gov (United States)

    Suter, Keith

    2002-01-01

    Great progress has been made in the international protection of human rights since 10 December 1948 (when the United Nations General Assembly adopted the Universal Declaration of Human Rights). Amidst the doom and gloom of the media's reporting of current affairs, it is easy to overlook this progress. This article provides a definition of 'human rights' and examines early human rights campaigns. It then considers the areas of progress: human rights are now part of the international political vocabulary, there is a recognition that respect for human rights can assist a country's economic and social development, there has been a growth of human rights treaties and techniques and non-governmental organizations (NGOs) see protecting human rights as a major activity. State sovereignty has been eroded as national governments are being held accountable to the international community for their human rights policies. A new challenge is to ensure respect for human rights by non-state entities, such as transnational corporations. The growing culture of international protection of human rights is here to stay. This is not a reason for complacency, but it is a sign of hope.

  7. institutional mechanisms for human rights protection in nigeria

    African Journals Online (AJOL)

    Mofasony

    legal and institutional mechanisms for protecting the human rights guaranteed in .... by the Constitution of the Federal Republic of Nigeria, African Charter, the .... special care administrative acts which are or appear to be contrary to any law or.

  8. The protection of individuals by means of diplomatic protection: diplomatic protection as a human rights instrument

    OpenAIRE

    2007-01-01

    Individuals whose international (human) rights are violated outside their state of nationality often have very limited means to address such violations. For instance, the foreign nationals detained by the United States in Guantanamo Bay have been unable to improve their situation themselves. Their state of nationality however can protect them through the exercise of diplomatic protection, thereby invoking the international responsibility of the host state for a violation of international law....

  9. 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.

  10. People-oriented Development and Human Rights Protection for Criminals

    Institute of Scientific and Technical Information of China (English)

    LI YUQIAN

    2011-01-01

    @@ People-oriented development refers to the economic and social integrative development that regards human beings as the orientation and subject of economic and social development and considers the development of human beings the essence, objective, momentum and symbol of development.One of its important connotations is to protect human beings' rights and interests in all links and works of economic and social development.On December 10,2008, Hu Jintao, secretary general of the CPC Central Committee, clarified that "We will, as always, adhere to people-oriented principles in building a well-off society in an all-round way and accelerating the process of socialist modernization" in his letter to the China Society for Human Rights Studies.

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

    Directory of Open Access Journals (Sweden)

    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.

  12. 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 an

  13. On the Logic Process of Human Rights Protection

    Institute of Scientific and Technical Information of China (English)

    ZHOU YEZHONG; YANG RONG

    2011-01-01

    @@ The values foundation of human rights originates from people's dignity, while the formation of people's dignity was closely related to certain social system and historical conditions.From this aspect, we can say that human rights has natural attribute and social attribute, of which, social attribute plays a decisive role on the values of human rights.

  14. On the Principle of Presumption of Innocence from the Perspective of Human Rights Protection

    Institute of Scientific and Technical Information of China (English)

    ZHU ZONGJIE

    2011-01-01

    @@ People pay more and more attention to human rights protection today.The human rights protection in the system of criminal procedure distinctly emphasizes the principle of presumptionof innocence (hereafter in this article referred to as the PPI).

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

    Directory of Open Access Journals (Sweden)

    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.

  16. How Should Police Respect and Protect Human Rights?

    Institute of Scientific and Technical Information of China (English)

    WANG XIUHONG

    2007-01-01

    @@ A11 people are equal before law and human rights must be respected and guaranteed.This is an established principle in China in bringing about a harmonious society. But how should police respect and ensure human rights in exercising their powers?

  17. Discussion on Human Dignity and Human Rights Protection from the Perspective of Peacekeeping

    Institute of Scientific and Technical Information of China (English)

    GAO XINMAN

    2012-01-01

    From an academic point of view,human dignity is the source of human fights,and has a orofound academic history.Since the end of World War Ⅱ,the issue of human fights has received great attention from the international community.So,human right theories,for which human dignity is the basic consideration,have developed continuously.In this era of advocating rights,human dignity and human fights protection are universal values and concepts,which were emphasized once again after World War Ⅱ.Moreover,human dignity was clearly identified as the basis of human rights at the system level.This paper begins by describing the relationship between human dignity and human rights.

  18. Reforming Rights Protection

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    For China, the recently established UN Human Rights Council is a victory of multilateralism This spring witnessed a significant reform in the United Nations human rights protection mechanism. On March 15, the UN General Assembly approved a draft resolution, with a 170 to 4 vote and 3 abstentions, to create a Human Rights Council (HRC). Then, March 23, the UN Economic and

  19. The protection of individuals by means of diplomatic protection : diplomatic protection as a human rights instrument

    NARCIS (Netherlands)

    Vermeer-Künzli, Anna Maria Helena

    2007-01-01

    Individuals whose international (human) rights are violated outside their state of nationality often have very limited means to address such violations. For instance, the foreign nationals detained by the United States in Guantanamo Bay have been unable to improve their situation themselves. Their

  20. Review (laws for compliance and human rights multi-level protection in Inter-American Human Rights System

    Directory of Open Access Journals (Sweden)

    Natalia Torres Zúñiga

    2013-12-01

    Full Text Available This article addresses diverse perspectives concerning relationship between reviewing (laws for compliance and the process of putting international law of human rights on a constitutional footing. Therefore, a parallel is established between reviewing (laws for compliance and constitutional review (laws in order to outline features and application impact of this research. The design of a multi-level protection system for fundamental rights in Latin America is also discussed in this article.

  1. 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 financia

  2. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  4. Constitutional protection of the economic, social and cultural rights of article 26 of the American Convention on Human Rights

    Directory of Open Access Journals (Sweden)

    Victor Abramovich

    2010-03-01

    Full Text Available The purpose of this paper is to suggest an interpretation of article 26 of the American Convention of Human Rights which allows the protection of certain economic, social and cultural rights within the Inter-American System. This interpretation seeks to mediate between those positions which consider article 26 as a non operative rule, and those which regard it as the key to the full protection of those rights. Finally, authors try to establish the list of the rights that article 26 protects.

  5. People's Assessor Systems Pivotal to Protection of Human Rights

    Institute of Scientific and Technical Information of China (English)

    WANG YANBING

    2007-01-01

    @@ Back in August 2004, the Standing Committee of the National People's Congress, the highest legislature of China, published the Decision on Improving the People's Assessor System (hereinafter referred to as the Decision). Since it became effective on May 1, 2005, the Decision has proved important to ensuring the right of citizens to participate in activities of adjudication in accordance with the law. It has helped expand judicial democracy and safeguard the legitimate rights and interests of the litigant parties.

  6. The Protection of Human Rights in Saudi Counter-terrorism Laws

    Directory of Open Access Journals (Sweden)

    Faleh Salem Alkahtani

    2016-12-01

    Full Text Available Human rights constitute a significant aspect of the law. Human rights are protected by national and international legal and judicial apparatuses. In addition, promoting respect for human rights is a key purpose of the United Nations (UN and its international bodies, such as the UN Human Rights Council, established in 2006, and the International Criminal Court, created in 1998. The UN has also issued a variety of protocols, declarations and agreements regarding human rights and their protection, specifically the Universal Declaration of Human Rights in 1948 and the International Convention on Civil and Political Rights in 1966. In the Kingdom of Saudi Arabia, Saudi legislation has initiated and allowed various Saudi human rights institutions, namely the Saudi Human Rights Commission and Saudi National Society for Human Rights. In particular, Saudi legislation has focused on Sharia principles when it comes to the interpretation and implementation of secular international human rights laws. Saudi legislation has enacted a variety of contemporary human rights laws, including the Child Protection Law and the Law of Protection from Abuse. The human cost of terrorism has been felt virtually in every part of the globe. Terrorism has disrupted peace, security, liberty and physical integrity of individuals at every level. Protection and security of its individuals is a fundamental obligation of the state. Accordingly, the Kingdom of Saudi Arabia has taken several legal measures, allowed under Islamic Sharia and International laws, to ensure the protection of human rights of its citizens and residents and safeguard the society against possible threats of terrorism and bring the criminals to justice. Saudi legislation has ensured human rights applications in other Saudi criminal laws, such as the Saudi Criminal Procedure Law of 2002, amended in 2014 (hereinafter SCPL, and the Saudi Law of Terrorist Crimes of 2014 (hereinafter SLTC. This short commentary

  7. Acompañamiento in Colombia: international human rights protection of IDPs

    Directory of Open Access Journals (Sweden)

    Luis Enrique Eguren

    1999-04-01

    Full Text Available The deployment of international observerscan effectively deter human rights violationsagainst displaced people and those workingwith them. This article discusses the role oforganisations such as Peace BrigadesInternational in providing international humanrights protection.

  8. Interactions between International Humanitarian Law and International Human Rights Law for the protection of Economic, Social and Cultural Rights

    Directory of Open Access Journals (Sweden)

    Koldo Casla

    2012-01-01

    Full Text Available Economic, Social and Cultural Rights (ESCR are at risk on the battlefield. Thus, human rights lawyers must look for legal means to guarantee the best possible protection of these rights in case of war. It is generally accepted nowadays that both International Humanitarian Law (IHL and International Human Rights Law (IHRL are applicable during armed conflicts. Adding on that and based on a procedural and substantive legal analysis, this paper claims that both IHL and IHRL constantly interact in a relation of synergy or norms.

  9. 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.

  10. Patents and the obligation to protect health: examining the significance of human rights considerations in the protection of pharmaceutical patents.

    Science.gov (United States)

    Owoeye, Olasupo Ayodeji

    2014-06-01

    This article discusses the human right to health in the context of patent protection and access to medicines. It considers the limitations in international human rights law, especially in relation to socioeconomic rights, that make it difficult for the right to health to be a potent justification for derogation from trade or intellectual property agreements. It concludes by taking the view that while the right to health may be somewhat unenforceable in international law, its close association with enforceable rights such as the right to life can be a legitimate basis for making maximum use of the flexibilities in the international intellectual property regime to protect public health. The article takes the view that trade and intellectual property agreements must be interpreted in a way that endeavours as much as possible to resolve any seeming inconsistency with the right to health.

  11. TOWARDS THE PROTECTION OF HUMAN RIGHTS: DO THE NEW ZIMBABWEAN CONSTITUTIONAL PROVISIONS ON JUDICIAL INDEPENDENCE SUFFICE?

    Directory of Open Access Journals (Sweden)

    Lovemore Chiduza

    2014-04-01

    Full Text Available If human rights are to be effectively protected in any country, the judiciary has to recognise that it also has a role to play in this regard. The rationale for this is that the judiciary has a duty to enhance and protect human rights. Across Africa and most notably in Zimbabwe political interference has been noted as a factor that limits judicial independence. In Zimbabwe the weak protection of judicial independence has contributed to gross human rights violations. Constitutional reforms have been conducted in order to improve the independence of the judiciary and consequently the judicial protection of human rights. These efforts have resulted in the adoption of a new Constitution in Zimbabwe which has replaced the Lancaster House Constitution. The Constitutional reforms have captured legal principles which will ensure an improvement in the human rights situation. Key to the reforms has been the independence of the judiciary. The Constitution guarantees the independence of the judiciary. Despite such guarantees there are a number of challenges with regards to this independence. The aim of this paper is therefore to analyse the judicial reforms introduced by the Constitution of Zimbabwe with a view to establishing whether or not such reforms are likely to improve judicial independence and in turn the protection of human rights in Zimbabwe.

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

    Directory of Open Access Journals (Sweden)

    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.

  13. 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

  14. 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.

  15. 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 housin

  16. Contribution of the police negotiating team to the protection of human rights in specific security situations

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    Subošić Dane

    2012-01-01

    Full Text Available Legal right of police to use force, especially firearms, makes modern police mission seem inconsistent: in order to protect the rights of one, the police must limit the rights of others, which raises the question of optimal measures between these opposites. The most dangerous is the police action which encroaches on the right to life, thus indirectly interfering in other human rights. This applies equally to both citizens and the offenders. In an effort to minimize the possibility of eroding the right to life, the modern police forces have developed mechanisms of so-called police negotiating. Respecting the principles of legality, humanity and expertise, members of the of specialized police units engage in negotiations with the most dangerous criminals in order to prevent them in further criminal intent on one hand and in order to solve the crisis without the use of police force, on the other. In addition a notable involvement of police negotiators in prevention of suicide attempts has been observed. In this regard, the paper explores the contribution of the negotiating team of the Ministry of Internal Affairs of the Republic of Serbia to the protection of human rights in Serbia in the period 2005. - 2010.

  17. 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.

  18. Principles of human rights protection in foreign and home legal policy of the Russian state

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    Anokhin Yu.V.

    2014-12-01

    Full Text Available The principles of state protection of human rights are stated to be important. The principles of human rights policy being a system are conditional on main state goals and objectives, that is ensuring legal safety and unhindered development of an individual and society. This system is argued to be two-component and to include the principles of government mechanism’s construction and activity and general human rights principles. The principles which are not fixed in the legislation are also of great importance. The legislative fixing of principles of civil servants’ activity concerning the human rights is positively estimated by the authors, notably the priority of rights and freedoms of man and citizen; professionalism and competence of civil servants; availability of information on civil service; cooperation with public associations and citizens; security of civil servants against illegal intrusion into their activity. The facts of departure from impartial justice and disrespectful attitude of law enforcement officers to citizens are stated to be wide-spread. The authors prove the necessity to intensify the control of public authorities’ and officials’ activity, to create conditions of its full transparency for the public. The principles of state protection of human rights are ruling principles of public authority’s organization and activity, stating its essence, social function and orientation on setting high level of legal security of man and citizen, fixed in the international agreements and national legislation. It is proposed to reconsider the principles of Russia’s functioning in the sphere of protecting the rights of citizens and proprietors residing abroad.

  19. 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.

  20. 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

  1. 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

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

    Directory of Open Access Journals (Sweden)

    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

  3. Milestone in the Protection of Human Rights on the Part of the Accused——From the Supreme People's Court recovery of death sentence approval authority

    Institute of Scientific and Technical Information of China (English)

    YUANYI

    2011-01-01

    @@ The protection of human rights on the part of the accused is the core of modern human rights protection, known as the barometer of human rights conditions of a society.The death sentence is, no doubt, the key in this respect,because the right to live is the most basic human right, an inherent natural right, belonging to the first generation of human rights.The International Covenant on Civil and Political Rights says in Article 6: "Every human being has the inherent right to life.This right shall be protected by law.

  4. [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.

  5. Women's rights are human rights.

    Science.gov (United States)

    Shalala, D E

    1998-09-01

    The US Secretary of Health and Human Services, Donna Shalala, challenged the world to live up to the affirmation made in Cairo: that women's rights are human rights. The US has responded to this affirmation with vigor by recognizing that when given knowledge, education, opportunity, and power, women can be heroines; they can move mountains to help themselves and the others whom they are destined to nurture. The US Department of Health and Human Services (DHHS) has implemented numerous programs that will support these heroic acts. These programs include the Girl Power campaign (designed to help girls through the critical period of pre-adolescence), the National Strategy to Prevent Teen Pregnancy (promotes education to encourage abstinence), the National Plan on Breast Cancer, the Breast and Cervical Cancer Screening Program (protects the health of low-income women), the Women's Health Initiative at the National Institutes of Health (designed to increase our knowledge about hormone replacement therapy, dietary patterns, and exercise), and a national 24-hour toll-free Violence Against Women hotline (1-800-799-SAFE). Although DHHS has done much in 5 years, the US has a long way to go in dealing with the interconnecting issues of the human rights of women everywhere.

  6. 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...

  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...... to fulfil their possible obligations to protect against human rights violations by corporations.......The book addresses the issue of corporate respect for human rights by examining if and how states are obligated to ensure that corporations originating from their jurisdiction respect human rights when they operate abroad. The existence of such a duty is much debated by academics at national...

  8. The European Convention on Human Rights and the Protection of the Roma as Controversial Case of Cultural Diversity

    Directory of Open Access Journals (Sweden)

    Kristin Henrard

    2004-12-01

    Full Text Available The Roma are often the victims of systemic discrimination which is closely related to the prejudices against them and their particular way of life, their own minority identity. When studying to what extent the Roma and their own way of life are protected on the basis of individual human rights in the European Convention on Human Rights, it becomes clear that slowly but surely the European Court of Human Rights acknowledges the vulnerable position of the Roma and their concomitant need of special protection. While significant developments have taken place concerning the preliminary issues of non-discrimination and the protection of physical integrity, the actual protection concerning language rights or educational rights is still rather meagre. Nevertheless, the gradual emergence of a right to an own way of life for Roma and the ensuing positive state obligations might very well enhance the latter incipient protection. The overall tendency of the latest judgements of the Court is to increasingly restrict the margin of appreciation of states, also in the sensitive domain of minority protection.

  9. 论我国同性恋者的人权保障%On the Protection of Human Rights of Homosexuals

    Institute of Scientific and Technical Information of China (English)

    何东平

    2011-01-01

    同性恋是客观存在的,在我国的人数也不算少;同性恋者人权保障的必要性是对同性恋者权利呼声的回应,是包容发展的国家发展趋势、紧跟世界保障同性恋者人权发展趋势之必然。在进行人权保障的时候,我们应该注重构建保障同性恋者的自由权、平等权、生存权、发展权的理念。具体的保障措施是:立法保障、司法和执法保障以及社会保障。%Homosexuality is an objective existence,and the number of homosexuals in our country is not too small.Protecting the human rights of homosexuals is the response to the calls of gay rights,a developmental trend for countries adopting inclusive development policy,and a necessity to keeping pace with the worldwide trend of protecting the human rights of homosexuals.When protecting homosexuals' human rights,we should focus on building the concepts of protecting their rights of freedom,equality,survival and development.The specific supporting measures include legislative protection,judicial protection,law enforcement protection and social security.

  10. Human Rights and Decision-Making in Child Protection through Explicit Argumentation

    Science.gov (United States)

    Duffy, Joe; Taylor, Brian; Mc Call, Susannah

    2006-01-01

    A recent judgement in February 2005 by the Lord Chief Justice in Northern Ireland that a Health and Social Services Trust had breached a parent's Article 8 Right to Family Life in the process used to take a young child into care has stimulated major debate about the interface between the Human Rights Act (1998) and professional decision-making in…

  11. 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.

  12. 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.

  13. 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

  14. 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.

  15. Dialogue and Education: Two Ways to Protect Human Rights and Build a Harmonious World

    Institute of Scientific and Technical Information of China (English)

    MAKARIM WIBISONO

    2007-01-01

    @@ It is indeed a great privilege to come to this ancient and fascinating city of Beijing to share views and to participate in what promises to be a high-quality debate at the initiative of one of China's most prestigious and respected human rights organisations. I have no doubt that in such a setting, and through the enrichment of discussion and exchange, wecan make some significant steps forward in the promotion of lasting world peace and harmony through greater respect for human rights and fundamental freedoms.

  16. Women's Rights Are Human Rights!

    Science.gov (United States)

    Salaam, Kalamu Ya

    1979-01-01

    This article emphasizes that the women's rights movement must be viewed as a vital part of the human rights struggle. It is argued that both men and women should speak out against sexism and support the struggles of women to defend and develop themselves. (Author/EB)

  17. Patterns of Human Development Indicators across Constitutional Analysis of Children's Rights to Protection, Provision, and Participation

    Science.gov (United States)

    Habashi, Janette; Wright, Lynne; Hathcoat, John D.

    2012-01-01

    This study examines children's images in constitutions and/or amendments as articulated in the Convention on the Rights of the Child while they intersect with the three dimensions of the Human Development Index (HDI) of 2008: life expectancy, educational index, and GDP. The connection between the images of the child and the fulfillment of the…

  18. Patterns of Human Development Indicators across Constitutional Analysis of Children's Rights to Protection, Provision, and Participation

    Science.gov (United States)

    Habashi, Janette; Wright, Lynne; Hathcoat, John D.

    2012-01-01

    This study examines children's images in constitutions and/or amendments as articulated in the Convention on the Rights of the Child while they intersect with the three dimensions of the Human Development Index (HDI) of 2008: life expectancy, educational index, and GDP. The connection between the images of the child and the fulfillment of the…

  19. 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.

  20. 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.

  1. HIV/AIDS and sexual minorities in Mexico: a globalized struggle for the protection of human rights.

    Science.gov (United States)

    Torres-Ruiz, Antonio

    2011-01-01

    The fight against HIV/AIDS is an example of a global struggle for the promotion of sexual health and the protection of human rights for all, including sexual minorities. It represents a challenge for the understanding of its impact on political, social, and economic processes. My central goal in this piece is twofold. First, I underline the importance of a political and human rights perspective to the analysis of the global response to the pandemic, and I introduce the concept of policy networks for a better understanding of these dynamics. Second, I argue that, in the case of Mexico, the constitution of HIV/AIDS policy networks, which incorporate civil society and state actors, such as sexual minority activists and public officials, and their actions—both domestic and international—have resulted in a more inclusive HIV/AIDS policy-making process. However, serious human rights violations of HIV/AIDS patients and sexual minorities still remain.

  2. Discursive Framings of Human Rights

    DEFF Research Database (Denmark)

    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......, it thus establishes a relationship between these different genres and the political, economic, and legal dimensions of human rights discourse....

  3. Protecting indigenous rights. Guatemala.

    Science.gov (United States)

    1996-01-01

    Guatemala's recent ratification of the International Labor Organization (ILO) Convention regarding indigenous and tribal peoples (1989, No. 169) represents a commitment to guarantee the rights of the country's majority Mayan population. Ratifying governments are obligated to respect the traditional values and land rights of tribal and indigenous peoples and to consult with them on any decisions affecting their economic or social development. Ratification of this Convention was a key element in an eight-part UN-sponsored negotiation aimed at ending the civil war in Guatemala. Efforts are underway to promote dialogue between organized civil society and government. Negotiations in May 1996, conducted with ILO assistance, resulted in a socioeconomic agreement under which Guatemala will increase social investment in education, undertake agrarian reform, and institute tripartite consultation on all major social and economic issues. However, two key issues in the peace negotiations--the role of the army in civil society and constitutional reform--remain unresolved. The final global peace accord is expected to be signed in September 1996. UN organizations are already working to mobilize international support for transforming these agreements into political and social realities for the Guatemalan people.

  4. 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.

  5. 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.

  6. 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 R

  7. 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 R

  8. 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

  9. 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

  10. 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…

  11. Protection of personality rights in civil law

    OpenAIRE

    Simonović Ivana; Lazić Miroslav

    2014-01-01

    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 ...

  12. Human rights and bioethics.

    Science.gov (United States)

    Barilan, Y M; Brusa, M

    2008-05-01

    In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the "right to healthcare". It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the "right to privacy", particularly in the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs.

  13. International Protection of Conscientious Objection: A Comparative Analysis of Human Rights Systems and Perspectives of the Inter- American System

    Directory of Open Access Journals (Sweden)

    María Carmelina Londoño Lázaro

    2016-01-01

    Full Text Available In this article, the recognition of conscientious objection in three international systems for the protection of human rights is analyzed: the Inter-American system, the European system and the United Nations system. The comparative system which is adopted allows for notifications as to common developments, the failings and some tensions which have been confronted by international organs in controversial cases. From this analysis are drawn some lessons which may serve for the guardianship of this law in the Inter- American system.

  14. 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.

  15. The Roma Community and International Institutions: Only Relative Success in the Protection of Human and Minority Rights

    Directory of Open Access Journals (Sweden)

    Jagoda Novak

    2004-12-01

    Full Text Available The paper treats problems pertaining to the legislative framework, as well as to the practical implementation of mechanisms for the protection of the human and minority rights of the Roma community. Special emphasis is placed on international and European protective mechanisms, on the pressure that they exert on national states, as well as on their frameworks for protecting the human rights of the Roma community, which – in view of the absence of a mother state in this case – is the only guarantee for the respect of Roma human rights. International frameworks and activities are also the only guarantee assuring the social integration of the Roma, a goal towards which modern European society strives. The paper attempts to determine the position of Croatia in respect to European countries in this matter, with special reference to problems in education faced by the Roma community and on the experience of the non-governmental and donator sector in regard to work with the Roma community. An overview of existing documents and acts reveals that a legislative framework for respecting Roma rights already exists, and that the European Union just has to supplement it with a legislative document exclusively dealing with the problems of the Roma, given the specific aspects of realising the human rights of members of this community. In the implementation of legislative acts, however, there is a series of inconsistencies, resulting from inadequate monitoring of the implementation of European documents, from an absence of repercussions for non-implementing them and from an imbalanced approach to old and new members of the European Union. In the context of association with the European community of states, Croatia has an opportunity to improve the position of its Roma community in a relatively short period of time and to accelerate the social integration of the Roma, although – due to an unsatisfactory and non-systematic approach, no consultations with

  16. 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

  17. 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 lib

  18. 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)

  19. Advancing human rights through constitutional protection for gays and lesbians in South Africa.

    Science.gov (United States)

    Louw, Ronald

    2005-01-01

    As a consequence of the 1994 adoption of a justiciable Bill of Rights in South Africa, with an equality provision prohibiting discrimination on the ground of sexual orientation, a coalition of gay and lesbian organisations set about implementing a progressive agenda of gay and lesbian rights litigation. In striking down the offence of sodomy, the Constitutional Court established a jurisprudence of gay and lesbian rights to equality, dignity and privacy that proved to be the foundation for significant litigation around family law issues. Subsequent to the sodomy judgement, the Court has ruled that same-sex couples who are in permanent life partnerships should be entitled to the same rights as married couples to immigration, employment benefits, custody and adoption of children. Despite the extensive equality jurisprudence of the Court, it is still uncertain whether it will rule in the future in favour of same-sex marriage or in favour of a civil union/domestic partnership model.

  20. Human Rights Training for Central Government Officials

    Institute of Scientific and Technical Information of China (English)

    OUR STAFF REPORTER

    2007-01-01

    @@ More than 50 officials from central government departments attended a human rights training class held in Nanchang,Jiangxi Province, on May 29-June 2. The class was sponsored by the State Council Information Office, during which the trainees attended lectures given on China's human rights concepts and the current human rights conditions in the country,human rights theories and international human rights instruments and protection of human rights under the rule of law.

  1. Human Rights Improving

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    China issues a white paper on its human rights,highlighting freedom of speech on the Interne The Chinese Government released a white paper on its human rights in 2009 on September 26,highlighting the role of Internet freedom and the country’s efforts in safeguarding citizens’legitimate civil and political rights.

  2. Special Issue: Labour Rights, Human Rights.

    Science.gov (United States)

    International Labour Review, 1998

    1998-01-01

    Includes "Introduction"; "International Labour Standards and Human Rights" (Valticos); "The Origins of Convention No. 87 on Freedom of Association and the Right to Organize" (Dunning); "Human Rights Law and Freedom of Association" (Swepston); "Freedom of Association" (von Potobsky); "The ILO…

  3. 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.

  4. Advancing Human Rights

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    The National Human Rights Action Plan of China (2012-2015) was initiated after the successful conclusion of the National Human Rights Action Plan of China (2009-2010).The Chinese government in late July published an assessment report on the implementation of the plan,elaborating on the full implementation of China's first-ever national program on human rights development,which was drafted in April 2009.

  5. 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

  6. Human Rights and Human Nature

    Directory of Open Access Journals (Sweden)

    Vittorio Possenti

    2013-11-01

    Full Text Available There seems to be two different versions of human rights in Western tradition: say Rationalistic and Christian; the former adopted in revolutionary France, the latter highly developed in Renaissance Spain. Current relativistic criticisms attempt to deny the universality of human rights alleging that this theory has been created in Western countries or it has no strong justification, and therefore cannot have universal approach; but this objection can be dismissed with an alternative justification of human rights.

  7. 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.

  8. 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.

  9. 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

  10. Human Rights Guaranteed

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Report says China’s human rights plan successfully implemented According to a detailed assessment report published by China’s State Council Information Office (SCIO),all the measures outlined in the National Human Rights Action Plan of China (2009-10) had been successfully put into place by the end of 2010.

  11. Construction of the punishment mechanism of cultural rights protection from the view of international human rights law%国际人权法视野下文化权利保护的刑罚机制构建初探

    Institute of Scientific and Technical Information of China (English)

    郑庆宇

    2014-01-01

    After the beginning of twentieth Century, human gradually realize the importance of the protection of human rights, and in the protection of human rights, attention on cultural rights, rising to the historical heights never reached. China also quickly return to the protection of human rights and cultural rights protection at the end of a hundred years after the war. This article from the international law of human rights and cultural rights, and the relationship between the protection of cultural rights and criminal law, discusses the necessity of punishment mechanism through the protection of cultural rights, to compensate for the current protection mechanisms, in the face of cultural rights are the social risk erosion of vulnerability.%人类进入二十世纪之后,逐渐意识到人权保护的重要性,而在人权保护之中,对于文化权利即精神层面权利的关注,上升到了历史从未达到的高度。中国在结束长达百年的战乱之后,也迅速的将视野回归到人权保护和文化权利保护的主流。本文从国际人权法与文化权利,以及文化权利保护与刑法之间的关系,探讨通过刑罚机制保护文化权利的必要性,以弥补当前保护机制,在面对文化权利受侵蚀的社会风险时的漏洞。

  12. [Human rights and procreation].

    Science.gov (United States)

    Leroy, F

    1990-04-01

    The impact of procreation on freedom, health and welfare of human beings, is considerable. This relationship, however, is not mirrored in texts devoted to Human Rights. This omission obviously implies a neglect of women's and children's rights. The history of anticonceptive methods exemplifies the struggle for these rights. This conquest, which has lasted two hundred years, is far from completed. Because of the demographic outbreak in Third World countries, an ideological conflict has appeared between first generation Human Rights concerned with individual freedom ("rights of") and those of second generation aiming at social fairness ("rights to"). Adequate political and economic adjustment between North and South is a prerequisite to any balanced compromise that would resolve this conflict through democratic, albeit intensive, birth control.

  13. Abortion and human rights.

    Science.gov (United States)

    Shaw, Dorothy

    2010-10-01

    Abortion has been a reality in women's lives since the beginning of recorded history, typically with a high risk of fatal consequences, until the last century when evolutions in the field of medicine, including techniques of safe abortion and effective methods of family planning, could have ended the need to seek unsafe abortion. The context of women's lives globally is an important but often ignored variable, increasingly recognised in evolving human rights especially related to gender and reproduction. International and regional human rights instruments are being invoked where national laws result in violations of human rights such as health and life. The individual right to conscientious objection must be respected and better understood, and is not absolute. Health professional organisations have a role to play in clarifying responsibilities consistent with national laws and respecting reproductive rights. Seeking common ground using evidence rather than polarised opinion can assist the future focus.

  14. Protecting women's rights to land.

    Science.gov (United States)

    Adoko, J

    2000-07-01

    This article examines the efficacy of the 1998 Land Act in protecting women's right to land in Uganda. The Land Act introduced individual ownership to encourage a more productive use of land, based on the principles of economic liberalization. It converted customary ownership through the creation of written deeds. Traditionally, women's land use was protected under customary law, in which elders assumed the role of protectors, however, the passage of the Land Act changed this. It did not recognize the role of elders as protectors. To this effect, men automatically assumed that role because of the presumption that women did not own the land making them individual owners of the land. Therefore, because of the law's limitations, women have lost ownership, and are more disadvantaged by the higher incidences of divorce and the fact that wives rarely inherit. It is for this reason that the Oxfam worked with the Uganda Land Alliance to lobby the government to ensure that the Act protected women's right as much as possible.

  15. International Human Rights Treaties in Central American Jurisdictions: Interpretative Guidelines and Principles for the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

    Directory of Open Access Journals (Sweden)

    Alfonso Chacón Mata

    2017-06-01

    Full Text Available As part of the Institute for Latin American Studies (IDELA project on Current Migration Trends in Latin America, an analysis of the regional regulations on human rights is conducted in this paper in order to highlight efforts for an interpretative harmonization, and to ulteriorly study the possibilities of building regional regulations. The scope of the international human rights law is reviewed, since the international treaties protecting such rights include the protection of migrants as a vulnerable social group within this perspective

  16. Special Issue: Labour Rights, Human Rights.

    Science.gov (United States)

    International Labour Review, 1998

    1998-01-01

    Includes "Introduction"; "International Labour Standards and Human Rights" (Valticos); "The Origins of Convention No. 87 on Freedom of Association and the Right to Organize" (Dunning); "Human Rights Law and Freedom of Association" (Swepston); "Freedom of Association" (von Potobsky); "The ILO [International Labour Organization] Declaration of 1998…

  17. 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.

  18. 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.

  19. On Legislative Protection of the Human Rights of Minorities%简论少数民族人权及其法律保护

    Institute of Scientific and Technical Information of China (English)

    张敏

    2011-01-01

    The connotation of minority human rights is one of the theories of the legal protection to minority. To research and discuss it is helpful to understand more of minority human rights and learn more of its development. The legal protection of minority human rights is an important part of the protection of human rights, which consists of two parts, the protection of international law and the protection of national law.%少数民族人权保护问题的研究在我国方兴未艾,对少数民族人权性质及内涵的探讨有助于加深对这一问题的理解及促进其发展。少数民族作为人权保护中的特殊主体,除了与多数民族共同享有普遍权利外,还专属享有一些特殊的权利。少数民族人权法律保护体系由国际法和国内法两个方面构成,共同对少数民族人权加以保护。

  20. 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

  1. 美洲区域性人权保护机制析论%An Analytical View on Regional Human Rights Protection Mechanisms of American States

    Institute of Scientific and Technical Information of China (English)

    刘杰敏; 张晓明

    2012-01-01

    Some concrete mechanisms, such as Charter of the Organization of American States and American Convention on Human Rights, are contained in the regional human rights protection mechanisms of American states. On the other hand, safeguard for existing human rights is supervised by Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Through individual appeal, national study, national report, and international accusing system, international protection of regional human rights is promoted sequentially and smoothly in all stages of proceedings.%美洲区域性的人权保护制度包含了《美洲国家组织宪章》与《美洲人权公约》等具体机制。而美洲人权委员会和美洲人权法院则对该区域性的人权保障进行国际监督。区域性人权国际保护的开展则通过个人申诉程序、国家研究程序、国家报告程序、国家间指控程序等程序进行。

  2. La protección de los derechos sociales por el Tribunal Europeo de Derechos Humanos || The protection of Social Rights by the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Ruth M. Mestre i Mestre

    2016-06-01

    Full Text Available Resumen: El artículo contribuye al esfuerzo colectivo de mostrar que la tutela judicial de los derechos sociales es posible analizando la jurisprudencia reciente del  TEDH. Propone la reconstrucción de una teoría unitaria de los derechos y analiza dos de los obstáculos para consolidarla: la diferencia entre las obligaciones que establecen los derechos civiles y los sociales, y la tesis de la justiciabilidad débil. Para contrastarlos, por un lado, se identifican algunos caminos que el TEDH ha elaborado a través de una interpretación creativa del Pacto, y por otro, se descartan otros mecanismos de tutela a la luz de la jurisprudencia reciente. Abstract: This work aims at contributing to the collective effort of demonstrating that protecting social rights is possible under the ECHR. Departing from a unitary theory of rights, it provides evidences about how the ECTHR has recognised the posibility of judicial adjudication of social rights either through new forms of litigation or a creative interpretation of the Convention. Finally, it evaluates the posibilities of protecting social rights through the general prohibition of discrimination by analysing recent case law of the ECTHR.

  3. Scientists and Human Rights

    Science.gov (United States)

    Makdisi, Yousef

    2012-02-01

    The American Physical Society has a long history of involvement in defense of human rights. The Committee on International Freedom of Scientists was formed in the mid seventies as a subcommittee within the Panel On Public Affairs ``to deal with matters of an international nature that endangers the abilities of scientists to function as scientists'' and by 1980 it was established as an independent committee. In this presentation I will describe some aspects of the early history and the impetus that led to such an advocacy, the methods employed then and how they evolved to the present CIFS responsibility ``for monitoring concerns regarding human rights for scientists throughout the world''. I will also describe the current approach and some sample cases the committee has pursued recently, the interaction with other human rights organizations, and touch upon some venues through which the community can engage to help in this noble cause.

  4. 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.

  5. Protection of the Human Rights of Victims of Sexual Abuse: An Approach from the Field of Jurisprudence

    Directory of Open Access Journals (Sweden)

    Lina Marcela Estrada Jaramillo

    2012-08-01

    of the legislation and main rulings issued by the Colombian Supreme Court of Justice and the Constitutional Court, as well as by the Inter-American Court of Human Rights. This issue is of great interdisciplinary relevance since victims require the support of professionals from the fields of law, forensic medicine, psychology, and social work so that their rights are recognized and valued by society and the administration of justice.

  6. 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.

  7. Human rights issues and employee benefit plans.

    Science.gov (United States)

    Campbell, F

    2001-03-01

    Canadians have human rights protections at both provincial and federal levels of government. At the federal level, the most important legislative enactments are the Canadian Charter of Rights and Freedoms (the "Charter") and the Canadian Human Rights Act. Provincially and territorially, human rights are legislatively safeguarded primarily by provincial human rights codes. Both federally and provincially, human rights may also be impacted by a variety of other statutes and regulations such as employment standards acts, workers' compensation acts, occupational health and safety acts, and pay equity legislation.

  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. 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…

  10. 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 desig

  11. 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

  12. 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...

  13. 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...... 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...

  14. 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...... dimensions of interaction and components of regulatory governance which characterise the Guiding Principles, focusing in particular on the rule formation and implementation. The article notes that the Guiding Principles actively enrolled other actors for the rule-making process ensuring support...... 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...

  15. 45 CFR 164.522 - Rights to request privacy protection for protected health information.

    Science.gov (United States)

    2010-10-01

    ... 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 health information. 164.522 Section 164.522 Public Welfare DEPARTMENT OF HEALTH AND HUMAN...

  16. Pornography: Human right or human rights violation?

    Directory of Open Access Journals (Sweden)

    Elisabet le Roux

    2010-08-01

    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.

  17. 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....

  18. 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...

  19. System Ethics: New Approach to Guarantee Human Rights

    Institute of Scientific and Technical Information of China (English)

    HE YING

    2011-01-01

    @@ Respect for and protection of human rights is an issue of common concern nowadays.In 2004, China added "The state respects and protects human rights"to Article 33 of its Constitution in the form of amendment.

  20. 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.

  1. Civil Affairs Authorities Bent on Protecting People s Basic Rights

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    In response to the global financial crisis,China's civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.

  2. Protecting HIV-positive women's human rights: recommendations for the United States National HIV/AIDS Strategy.

    Science.gov (United States)

    Ahmed, Aziza; Hanssens, Catherine; Kelly, Brook

    2009-11-01

    To bring the United States in line with prevailing human rights standards, its National HIV/AIDS Strategy will need to explicitly commit to a human rights framework when developing programmes and policies that serve the unaddressed needs of women. This paper focuses on two aspects of the institutionalized mistreatment of people with HIV: 1) the criminalization of their consensual sexual conduct; and 2) the elimination of informed and documented consensual participation in their diagnosis through reliance on mandatory and opt-out testing policies. More than half of US states have HIV-specific laws criminalizing the consensual sexual activity of people with HIV, regardless of whether transmission occurs. Many of these laws hinge prosecution on the failure of HIV-positive people to disclose their HIV status to a sexual partner. The Obama Administration should explore administrative and legislative incentives to eliminate these laws and prosecutions, and target a portion of prevention funding for anti-stigma training. Testing policies should be reconsidered to remove opt-out and/or mandatory HIV testing as a condition for receipt of federal funding; incentives should encourage states to adopt local policies mandating counseling; and voluntary HIV testing should be offered regardless of the provider's undocumented perception of an individual's risk.

  3. The curious absence of human rights:

    African Journals Online (AJOL)

    LAW

    international treaties which compel states to adopt certain minimum IP protection levels in their domestic ...... This leads to human rights consciousness-raising among the general public (who can ..... “Patented past, genetically modified future?

  4. Human Rights of Irregular Immigrants: A Challenge for the Universality of Human Rights

    OpenAIRE

    Luljeta Ikonomi

    2013-01-01

    Irregular immigration is a phenomenon with a substantial impact for the majority of the countries. The paper analyses whether there is an adequate human rights framework for protection of irregular immigrants or whether the irregular status exempts the migrants from the protection of international human rights law. If this is the case, then the human rights universality has failed. The paper takes into consideration the developments in the International and EU Law, as well as in the jurisprud...

  5. 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

  6. The Human Rights of Minority Women:

    DEFF Research Database (Denmark)

    Ravnbøl, Camilla Ida

    2010-01-01

    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......, by being both women and members of a minority group. Through an investigation of how contemporary human rights law and politics serve to address the concerns of Romani women, it sheds light on the challenges that the Romani women’s issue presents to the international human rights framework...... 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...

  7. 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 when realising the…

  8. The latin-american alternative ecological model between the protection of the environment as a human right and the recognition of the rights of nature

    Directory of Open Access Journals (Sweden)

    David Fabio Esborraz

    2016-06-01

    Full Text Available The concern of Latin-American Law about the “environmental issue” is rooted in the “inclusion of natural resources among the public goods” supported by the “Social Constitutionalism”. Subsequently it has been revitalised thanks to the development of the “International Environmental Law” and further intensified with the rise of the “New Latin-American Constitutionalism” and the unfolding of a real “Environmental Constitutionalism” which is clearly recognising the human right to an adequate (for the development of the person and sustainable environment. Nonetheless, in particular due to the fact that this law is built on a strongly “anthropocentric” conception, this was not enough to avoid nature despoil. Therefore, the so-called “New Andean  Constitutionalism”, by reaffirming the visio mundi of the Latin-American indigenous peoples, proposes to directly recognize the nature as a subject of law and to complete such a paradigm shift by adopting an alternative development model based on the Amerindian ethic-moral principle of the “Good Living”/“Living Well” (“Buen Vivir”/“Vivir Bien”.

  9. 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…

  10. 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…

  11. 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…

  12. Human Rights and the Statistician.

    Science.gov (United States)

    Spirer, Herbert F.

    Statisticians can help to improve human rights reporting. The statistician's approach to measurement, summary, and interpretation is needed to understand and help reduce human rights violations. Statistical problems in the measurement and analysis of human rights violations include: lack of agreement on the definition; great difficulties in…

  13. 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…

  14. Education: protecting the rights of displaced children

    Directory of Open Access Journals (Sweden)

    Suba Mahalingam

    2002-10-01

    Full Text Available UNICEF and its partners work with displaced communitiesto provide material assistance and protection, using as their basis the UN Convention on the Rights of the Child1 and other internationallegal instruments. Education has proven a valuable tool in this effort, not only making children aware of their rights but also providing a way to participate in the realisation of these rights.

  15. Documentation: International Legal Human Rights Framework -- Human Rights and the Institutionalisation of ASEAN: An Ambiguous Relationship

    Directory of Open Access Journals (Sweden)

    Theodor Rathgeber

    2014-01-01

    Full Text Available While the ASEAN Charter of 2007 heralded an era of improved democracy, human rights protection and good governance in accordance with the rule of law, the reality on the ground tells a different story. While all of the trappings of a human rights mechanism are in place, the normative and protective capacity of the regime is ambiguous at best. The adoption of core international human rights treaties by ASEAN member states presents an ambiguous picture, one which reveals significant variations between the ten countries. The purported institutionalisation of international human rights standards since 2007 in the region via the creation of an ASEAN human rights mechanism in that year is betrayed by the poor condition of actual protection of human rights at the national and regional level. The article analyses the situation on the ground in light of the normative obligations and aspirations of the states.

  16. 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.

  17. On Latest Developments in China's Human Rights Cause

    Institute of Scientific and Technical Information of China (English)

    LONG CHENG; TAN MINZHEN

    2011-01-01

    @@ China's human rights cause has undergone a new phase of development under the reform and opening-up policy that became official in the late 1970s.The changes include a shift from protection of human rights by law to Constitutional protection, an expansion of protection in scope not only for social rights but also for the right to freedoms, an extension from domestic protection to international protection, an increase in the intensity of protection, and a practice for protecting not only protection of the collective but also protection of the individual.

  18. 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

  19. 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.

    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 co

  20. (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.

  1. Legal Protection of the Right of Appeal

    Institute of Scientific and Technical Information of China (English)

    江曼

    2014-01-01

    The right of appeal consists in the essential civil rights of the citizens promulgated in the constitution. The essence of the private rights of citizens against the administration of public power. This article through to the relevant laws and regulations of civil appeal right and academic achievements of research, the article defines the concept the right of appeal, and compares with the administrative reconsideration system and the petition system, and expounds the legal position of administrative complaint system. The author also combines the reality of our country, and puts forward suggestions on the protection of citizens’ right of appeal.

  2. [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.

  3. 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 non-fulfil

  4. The Foundations of a Human Right to Health: Human Rights and Bioethics in Dialogue.

    Science.gov (United States)

    Chapman, Audrey

    2015-06-11

    Human rights, including the right to health, are grounded in protecting and promoting human dignity. Although commitment to human dignity is a widely shared value, the precise meaning and requirements behind the term are elusive. It is also unclear as to how a commitment to human dignity translates into specific human rights, such as the right to the highest attainable standard of health, and delineates their scope and obligations. The resulting lack of clarity about the foundations of and justification for the right to health has been problematic in a number of ways. This article identifies the strengths of and some of the issues with the grounding of the right to health in human dignity. It then examines ethical and philosophical expositions of human dignity and several alternative foundations proposed for the right to health, including capability theory and the work of Norman Daniels, to assess whether any offer a richer and more adequate conceptual grounding for the right to health.

  5. 75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

    Science.gov (United States)

    2010-12-14

    ... Proclamation 8616--Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010 #0; #0; #0; Presidential... Documents#0;#0; #0; #0;Title 3-- #0;The President ] Proclamation Human Rights Day, Bill of Rights Day, and... Declaration of Independence, our Constitution, and our Bill of Rights. It is a belief that, while every nation...

  6. 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.

  7. 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

  8. Right To Property: From Magna Carta To The European Convention On Human Rights

    Directory of Open Access Journals (Sweden)

    Ristik Jelena

    2015-12-01

    Full Text Available Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well.

  9. The Human Rights of Minority Women:

    DEFF Research Database (Denmark)

    Ravnbøl, Camilla Ida

    2010-01-01

    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....... 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...

  10. 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.

  11. 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.

  12. 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?

  13. Human Rights of Irregular Immigrants: A Challenge for the Universality of Human Rights

    Directory of Open Access Journals (Sweden)

    Luljeta Ikonomi

    2013-07-01

    Full Text Available Irregular immigration is a phenomenon with a substantial impact for the majority of the countries. The paper analyses whether there is an adequate human rights framework for protection of irregular immigrants or whether the irregular status exempts the migrants from the protection of international human rights law. If this is the case, then the human rights universality has failed. The paper takes into consideration the developments in the International and EU Law, as well as in the jurisprudence of the international tribunals regarding protection of irregular immigrants. It is divided into three main sections. The first section informs briefly on the dynamics of irregular immigrants; the second section analyses the legislation on irregular immigration from the perspective of the state sovereignty, the third section analyses the human rights law and the protection it affords to irregular immigrants, pursuant to the interpretation of International tribunals.

  14. 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.

  15. Global human rights frameworks applicable to LGBTI migrants

    OpenAIRE

    Shana Tabak; Rachel Levitan

    2013-01-01

    Although no international legal instrument exists to specifically protect the human rights of LGBTI individuals, over recent years international legal bodies have interpreted basic human rights provisions to apply to LGBTI populations.

  16. Global human rights frameworks applicable to LGBTI migrants

    Directory of Open Access Journals (Sweden)

    Shana Tabak

    2013-04-01

    Full Text Available Although no international legal instrument exists to specifically protect the human rights of LGBTI individuals, over recent years international legal bodies have interpreted basic human rights provisions to apply to LGBTI populations.

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

    African Journals Online (AJOL)

    Hennie

    Keywords: democracy; dignity; equality; freedom; human rights; human rights education; human ... realisation of children's rights to education and .... implementations, could impact the holistic ... iation (Section 18); movement and residence.

  18. Australia: Abortion and Human Rights.

    Science.gov (United States)

    Sifris, Ronli; Belton, Suzanne

    2017-06-01

    This article adopts a human rights lens to consider Australian law and practice regarding elective abortion. As such, it considers Australian laws within the context of the right to equality, right to privacy, right to health, and right to life. After setting out the human rights framework and noting the connected nature of many of the rights (and their corresponding violations), the article shifts its focus to analyzing Australian law and practice within the framework of these rights. It considers the importance of decriminalizing abortion and regulating it as a standard medical procedure. It discusses the need to remove legal and practical restrictions on access to abortion, including financial obstacles and anti-abortion protestors. Further, it comments on the importance of facilitating access; for example, by keeping accurate health data, securing continuity of health care, increasing the availability of medical abortion, and ensuring appropriate care is provided to the most marginalized and vulnerable women.

  19. ‘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.

  20. ‘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.

  1. Rights protection and justice in contemporary China.

    OpenAIRE

    Pils, E. M.

    2005-01-01

    This thesis examines practices of dispute resolution and conceptions of justice internal to China, in order to understand the potential role of rights in the Chinese legal system. While rights assertion, defence and protection can only occur alongside dispute resolution practices already entrenched in China, they could also transform these Chinese practices, by encouraging a more tolerant attitude to public disagreement in dispute resolution. A tradition of authoritarian supervision and contr...

  2. Analysis on Farmers’ Land Right Protection

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Land is the fundamental income sources of farmers. However, farmers stay at disadvantaged statge in the political, economic and social aspects. Their land is exploited and occupied, which facilitates the rapid development of economy, as well as brings the gap between the poor and the rich and the inharmonious disputes. The necessity for protecting the land right of farmers under the new situation is expounded, covering the necessity of carrying out the relevant agricultural policies; the necessity of improving rural economic status and narrowing the gap between urban and rural areas; the necessity of reducing land disputes and constructing harmonious society. The violation of farmers’ land rights is analyzed from two aspects. The first one is the violation of farmers’ land right in land tenure section, which includes the lack of ecological compensation system the lack of contract operation right; the second one is the violation of farmers’ land right in land transfer section, including the absence of land requisition system, substandard land contract and land transfer and the limitation of house stead circulation; the third one is the vacant of land development right affects farmers’ share of enjoying the added value of land. The countermeasures for protecting farmers’ land rights are put forward. The first one is clarify land property; the second one is normalize and perfect land requisition system; the third one is appropriately loosen rural land transfer policies; the fourth one is establish ecological compensation and land development right compensation system.

  3. 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

  4. Education Is a Human Right. EI Barometer on Human and Trade Union Rights in the Education Sector, 2001.

    Science.gov (United States)

    Noonan, Michael A.

    This 2001 edition of Educational International's (EI) "Barometer on Trade Union and Human Rights in the Education Sector" focuses on four fundamental human rights: (1) the right to education; (2) academic freedom; (3) children's right to be protected from exploitation; and (4) workers' rights to form and join trade unions and to organize…

  5. Researching Human Rights in Prisons

    Directory of Open Access Journals (Sweden)

    Bronwyn Naylor

    2015-04-01

    Full Text Available This paper examines two issues: the author’s recent research on the capacity of prisons to incorporate human rights considerations into their routine management; and the methods employed in this research in prisons in two Australian jurisdictions. The first element examines the impact of formal human rights instruments on prison management and on the lived experiences of prisoners, and the potential for the practical application of human rights obligations in this environment. The second gives closer analysis to the specific use of qualitative methodologies in carrying out this research, and the potential implications of methodology for subsequent acceptance of research findings by governments.

  6. Protect Rights and Interests of the Handicapped

    Institute of Scientific and Technical Information of China (English)

    WANG SHUIXIA; MENG BAOLIN

    2007-01-01

    @@ Yuncheng is a city in the southwestern part of North China's Shanxi Province. It has a handicapped population of 223,000 or 4.5% of the total population of 4.985 million. The city has made big progress in protecting the rights and interests of handicapped people since the handicapped associations were set up at the city and county levels.

  7. An Analysis of Human Rights Protection in Obtaining a Confession%浅析口供获取中的人权保障

    Institute of Scientific and Technical Information of China (English)

    吕岩?

    2013-01-01

    In judicial practice, illegal phenomena infringing upon the rights and interests of suspects seriously still happen in spite of repeated prohibition, such as inflicting torture to extract confessions and extended detention, which leads to many unjust and misjudged cases and goes against the basic requirement of building a harmonious society. The amendment and implementation of new Criminal Procedure Law strictly standardizes obtaining confessions while highlighting the protection of suspects’ rights and interests. But there still are some stubborn interrogation concepts and means in the course of pursuing the unification of the two. Therefore, to further explore the root causes of the problems, it is of great significance to analyze how to strengthen the protection of human rights in the process of obtaining confessions from the aspects of changing the concepts of litigation and improving legislation.%在司法实践中,刑讯逼供、超期羁押等严重侵犯犯罪嫌疑人权益的违法现象屡禁不止,导致了不少冤假错案的发生,违背了构建和谐社会的基本要求。新刑事诉讼法的修改和施行,在严格规范了获取口供的同时,突出保障犯罪嫌疑人的权益。但在追求两者统一的目标过程中,依然存在着讯问观念、手段等固化的问题。因此,继续深探问题的根源,从转变诉讼观念和完善立法两个方面入手,剖析如何加强口供获取中的人权保障具有重要的现实意义。

  8. Euthanasia: reconciling culture and human rights.

    Science.gov (United States)

    Goolam, N M

    1996-01-01

    The constitutional justifiability of euthanasia will depend upon interpretation of the right to life and the right to respect for and protection of one's dignity. Pertinent issues arising hereto are: In our new value-based constitutional interpretation, what are the values underlying our multi-cultural society? Issues of death and dying are inter-linked to a civilization's world view and its approach to human dignity. Western, African and Islamic approaches will be compared. Does euthanasia negate the essential content of the right to life and is its limitation on such right reasonable/justifiable in an open and democratic society based on freedom and equality.

  9. THE PROTECTION OF INVESTORS’ RIGHTS IN KAZAKHSTAN

    Directory of Open Access Journals (Sweden)

    Madina Shegirbayeva

    2015-09-01

    Full Text Available Since obtaining independence, the Republic of Kazakhstan has developed an ‘open-door’ policy for foreign investors ready to invest in the country's economy. Over time, approaches and mechanisms that have created favorable conditions for investors have changed, along with appropriate amendments to the legislation. Currently, Kazakhstan is a rapidly developing country with great potential. According to the World Bank, out of 189 countries, Kazakhstan rated 50th in 2014 for ‘Doing Business’. Nonetheless, many foreign investors may rightly query about the guarantees for protecting investors' rights in this country, under the conditions they find here. This article aims to cover the  mechanisms for protecting the investors' rights in the Republic of Kazakhstan, taking into account the recent changes in investment law, and based on a several case reviews.

  10. THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION: A PANORAMA OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW / A PROTEÇÃO DO DIREITO À LIBERDADE DE EXPRESSÃO: UM PANORAMA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS

    Directory of Open Access Journals (Sweden)

    Naiara Posenato

    2016-02-01

    Full Text Available The Inter-American system for the protection of human rights recognizes the importance of freedom of expression for democratic systems. The analysis of the Inter-American Court of Human Rights (IACtHR case law shows that it is probably the regional framework that provides the greatest scope and the broadest guarantees of protection to the right to freedom of thought and expression. Based on American Convention on Human Rights and on other relevant legislative instruments and, above all, in light of their prevailing interpretation by the aforementioned Court, this brief analysis is intended to clarify, with some comparative insights, the main features and the peculiarities of the regional system protection of the right to freedom of expression. In particular, it will consider the types of speech deserving special protection due to their importance for the exercise of other human rights or for the maintenance and the strengthening of democracy and, by contrast, the conditions according to which restrictions to freedom of expression are admitted by the Inter-American system. Keywords: Freedom of expression. Press freedom. Inter-American Court of Human Rights (IACtHR. European Court of Human Rights (ECHR. Case-law. Protected speech. Balacing human rights. National security.

  11. Human Rights and the Environment

    OpenAIRE

    Manta, Claudiu

    2009-01-01

    The current work wants to present the human right in a healthy environment, regarded as the individual’s fundamental right. Also, it presents the consequences of the disrespect of the environment norms by the states as committing the state responsibility in case of serious pollution with trans-frontier effects.

  12. Human Rights and Cultural Identity

    National Research Council Canada - National Science Library

    Gordon John-Stewart

    2015-01-01

    ...-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.

  13. Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law

    Directory of Open Access Journals (Sweden)

    Bridget Lewis

    2012-11-01

    Full Text Available The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

  14. Ezekiel 18 and Human rights

    Directory of Open Access Journals (Sweden)

    H.F. van Rooy

    2000-08-01

    Full Text Available In South Africa the debate on Human Rights gained new impetus after the implementation of the interim constitution in 1994, followed by the new constitution in 1996, containing a charter of fundamental Human Rights. The question to be answered by this paper is whether Ezekiel 18 can contribute to this debate. This paper firstly discusses the question whether the Old Testament can be used in the debate on Human Rights. This is followed by a discussion of Ezekiel 18, with emphasis on the transgressions listed in this chapter in their Israelite context. Many of these injunctions are related to the laws of Deuteronomy, the Book of the Covenant and the Holiness Code. These injunctions are studied against the background of Israelite law in general and the three codes mentioned above in particular. Finally, the implications of Ezekiel 18 for the issue of Human Rights are discussed. The violation of rights of people guaranteed by divine law is seen as one of the major causes of divine punishment. God's law was meant to create a society found on justice. An unjust society is in contradiction to the will of God, according to Ezekiel 18. The implications of this view for the debate on Human Rights in South Africa need to be taken into consideration.

  15. Foundations of Collective Cultural Rights in International Human Rights Law

    NARCIS (Netherlands)

    Donders, Y.; Jakubowski, A.

    2016-01-01

    Although collective cultural rights are included in international human rights law, their place and their nature and significance are not well-explored or understood. This chapter aims to classify collective cultural rights in international human rights instruments and to explore how these rights

  16. 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…

  17. 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…

  18. 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…

  19. 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…

  20. 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.

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

    NARCIS (Netherlands)

    C.R.M. Versteegh

    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 Europea

  2. Page THE RUDIMENTS OF HUMAN RIGHTS* Introduction The term ...

    African Journals Online (AJOL)

    Fr. Ikenga

    2007-09-21

    Sep 21, 2007 ... we go into the definition of human rights, it will be right at this juncture to pause ... powers and, upon certain conditions, to obtain protection, restitution, ...... a global plan of action to promote sustainable development; the Rio.

  3. Human Rights in the West

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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

  5. Human rights concepts in EU Human Rights Dialogues

    NARCIS (Netherlands)

    Timmer, A.S.H.; Sosa, Lorena; Majtényi, Balázs

    2016-01-01

    This report presents five case studies on EU Human Rights Dialogues (HRDs). The case studies concern the HRDs with the African Union, China, India, Morocco and Peru. Building on the findings of the previous reports in Work Package 3 of the FRAME project, the aim of this report is to explore how

  6. Protecting human subjects in research.

    Science.gov (United States)

    Orticio, Lily P

    2009-01-01

    The quest for advancing scientific knowledge through human experimentations using vulnerable groups is traced back to ancient history, when Herophilus performed vivisections on prisoners. The violation of the rights of human subjects through the 20th century led to the formulation of the Nuremberg Code in 1947 and the Declaration of Helsinki in 1964. In the United States, the most infamous was the Tuskegee public health study that resulted in the enactment of the National Research Act that authorized the creation of the National Commission for the Protection of Human Subjects in Biomedical and Behavioral Research in 1974. In spite of existing federal regulations, the system of protecting human subjects is still flawed. Transparency of conflict ofinterest, clarity, and strict adherence to institutional guidelines are critical in safeguarding the rights and safety of human subjects and the integrity of research. Education on ethics and emerging complex ethical issues, global awareness, and governmental cooperation and sanctions are important steps in addressing the inadequacies in protecting the most vulnerable populations in experimentations worldwide. Investigators must always remember that the primary safeguards of protecting human life rest in their hands.

  7. MAKING LEGAL SENSE OF HUMAN RIGHTS: Introduction

    African Journals Online (AJOL)

    eliasn

    Middle East. .... nature of these rights and freedoms is beyond question. ... tended to be biased towards the individual right to freedom from undue state .... liberal rights such as “free speech, voting rights, protection against the abuse of the.

  8. UNINSURED DEPOSITOR RIGHTS PROTECTION IN BANK INSOLVENCY

    Directory of Open Access Journals (Sweden)

    Tomas Ambrasas

    2013-06-01

    Full Text Available The objective of the article is legal instruments protecting uninsured depositor in bank insolvency. The paper is focused and reviews issues relating to the unprofessional depositor with typology of insolvent Lithuanian bank “Snoras”. According to this view, the paper analyses legal aspects of the bank’s specific obligations to the depositor under Lithuania’s bank insolvency rules and regulations. The purpose is, by means of different methods, to investigate depositor’s rights protection concept covering uninsured bank’s product - deposit certificates. This paper reveals the content of legal norms regulating uninsured depositors in bank insolvency (laws, secondary legislation, especially court decisions of Lithuania, analyzes what problems arise in an attempt to ensure depositor rights and discusses the impact for uninsured depositor ex ante and ex post bank insolvency. The main issue of the paper: what are the legal techniques protecting uninsured depositor rights under bank insolvency frameworks? The issue based on the typology of insolvent bank “Snoras” which actively disseminated deposit certificates to the customers in order to improve the bank's financial stability, without increasing the share capital of the bank, for that reason, bank misinformed the owners of deposit certificates that such a product is treated as insurance object. The paper is written from the Lithuanian law perspective. Purpose – to investigate depositors’ rights protection terms covering uninsured bank’s product- deposit certificates. Design/methodology/approach – Purposely to explore the actual meaning of legal norms and legislations as well as content and to analyze the literature and jurisprudence the systematic, analyses, synthesis, comparative methods were used. Findings – all depositors have full interest to be treated as insured with the consequent of compensation. Deposit protection is designed to compensate some classes of depositors

  9. 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.

  10. Judicial Dialogue and Human Rights

    NARCIS (Netherlands)

    Müller, A.; Kjos, H.E.

    2017-01-01

    This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada,

  11. Human Rights Training for Officials

    Institute of Scientific and Technical Information of China (English)

    OUR STAFF REPORTER

    2011-01-01

    The 9th workshop on human rights held by the State Council Information Office (SCIO) opened in Nanjing,in east China's Jiangsu Province,on August 23.More than 60 officials from across the country and central government agencies participated in the training course,which lasted four days.SCIO Vice Minister Dong Yunhu attended the opening ceremony and gave a speech.

  12. 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

  13. 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.

  14. Human rights, bioethics, and mental disorder.

    Science.gov (United States)

    Fennell, Phil

    2008-03-01

    This article considers the international human rights instruments which set minimum standards for the content and use of mental health legislation, and the extent to which they represent 'hard law' (binding and enforceable in domestic or international courts) or 'soft law' which is not strictly binding in the same sense but which may provide persuasive authority or may be used in debate to embarrass a Government into compliance. The article considers the extent to which these various instruments impose both 'negative obligations' on states not to interfere with rights such as physical integrity or protection against arbitrary detention and 'positive' obligations on states to take positive steps to uphold the rights of individuals. The article on the case law under the European Convention on Human Rights showing how 'soft law' sources are increasingly used by the Strasbourg Court as aids to construing the scope of Convention rights. The article concludes by suggesting that whilst mentally disordered people may be afforded different treatment in relation to general bioethics instruments on the international plane, they are also entitled to rights under Disability Conventions which enjoin states to take positive steps to promote equal treatment, social inclusion and protection against discrimination and stigma.

  15. RATIO OF INSTITUTE OF DIPLOMATIC PROTECTION WITH OTHER FORMS OF PROTECTION OF THE INDIVIDUAL''S RIGHTS

    OpenAIRE

    2013-01-01

    The paper deals with the diplomatic protection of the rights of individuals and businesses, making particular emphasis on the relationship of the rules of this institution with other forms of protection of the rights of the individual, as well as with the main provisions of consular assistance, the international protection of human rights and quasidiplomatic protection afforded by international intergovernmental organizations to their employees. Addressing many controversial issues of enforce...

  16. 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...

  17. Nation Makes Impressive Advances in Human Rights

    Institute of Scientific and Technical Information of China (English)

    Wang Chen

    2012-01-01

    In this beautiful autumn season,the 4th Beijing Forum on Human Rights.co-sponsored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development,is opened.This is an important event in the realm of international human rights,and it offers a great opportunity for China to cooperate and exchange ideas with other countries on human rights.Human rights experts,personages and government officials from all over the world gather here to discuss the topic of "cultural traditions,values and human rights",and jointly explore and advance the development of global human rights theory and practice.

  18. Creating an Institutional Environment for Protecting the Rights and Interests of China's Dispatched Labor

    Institute of Scientific and Technical Information of China (English)

    NIU YOUNING

    2011-01-01

    Employment is fundamental in improving the livelihood of the people and social security is the source of human happiness.This is how the international community protects and improves basic human rights.It is also the policy China has adopted to achieve sustainable economic and social development.Furthermore,it is clear evidence of China's respect and protection of human rights.

  19. 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.

  20. Vulnerability, irregular migrants' health-related rights and the European Court of Human Rights.

    Science.gov (United States)

    Da Lomba, Sylvie

    2014-09-01

    The protection of irregular migrants' health-related rights brings to the fore the tensions that exist between human rights, citizenship and the sovereign state, and exposes the protection gaps in the international human rights regime. With this in mind, I consider the merits of a vulnerability analysis in international human rights law (IHRL). I posit that, detached from specific groups and reconceptualised as universal, vulnerability can be reclaimed as a foundation and tool of IHRL. I further contend that the deployment of a vulnerability analysis can alleviate the exclusionary dimension of IHRL and extend protections to irregular migrants. On this basis, I investigate the development of a vulnerability analysis in the case law of the European Court of Human Rights. I argue that, in contrast with the Court's vulnerable population approach, a vulnerability analysis can improve protection standards for irregular migrants in the field of health.

  1. 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....

  2. [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.

  3. Lesbian, Gay, Bisexual, and Transgender Rights: A Human Rights Perspective. Human Rights Education Series, Topic Book.

    Science.gov (United States)

    Donahue, David M.

    This curriculum is intended to further thoughtful examination and responsible action among high school students about lesbian, gay, bisexual, and transgender (LGBT) issues. Unlike other curricula this discussion is not in the context of civil or political rights but in the broader context of human rights. These rights, as defined in the Universal…

  4. How market smarts can protect property rights.

    Science.gov (United States)

    Anand, Bharat; Galetovic, Alexander

    2004-12-01

    Intellectual property comprises an ever-increasing fraction of corporate wealth, but what's the good of that if an ever-increasing fraction of the property is copied or stolen? Faced with developing countries' limited and inadequately enforced patent and copyright laws, some companies are resorting to market-based strategies to protect their intellectual property. These include preempting or threatening competitors, embedding intellectual property in environments that can be protected, bundling insecure intellectual property with its more secure cousins, and actually entering the businesses that pose a threat. The authors urge companies coping with weak property rights to follow a decision tree when choosing which strategies to use and when: Start by thinking of the strategies that will protect your business's core. If, for example, a first-mover advantage is within reach, making yourself more committed to intellectual property could be the answer. If you and your rivals are equally matched, ask yourself, "Can those that threaten me with copying be copied in turn?" The knowledge that each of you can hurt the other may dampen the competitive intensity or even lead to voluntary sharing of property. If these solutions fail or don't apply, try forging a connection with a product or business closely related to your own. Doing so may prevent a valued asset from falling into a rival's hands or make the asset harder to misappropriate. This approach can even help you expand your piece of the market pie or reduce the cost of making the threatened product, perhaps to the point where you can compete against pirated goods. Finally, if there still doesn't seem to be a way of making money from your threatened product, you may choose to move into the very business that has hurt your own. Such strategies are behind the economics of successful companies like Intel and NBC, say the authors.

  5. 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…

  6. 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…

  7. Human Rights Education Ways and Means

    Science.gov (United States)

    Sajan, K. S.

    2010-01-01

    This paper describes the importance of human rights education as proclaimed by UN (1994) and also the strategies for developing human rights education by UN General assembly 2005. In proclaiming the United Nations Decade for Human Rights Education (1995-2004), in December 1994, the General Assembly defined human rights education as "a life-long…

  8. Human Rights: Dialogue and International Cooperation

    Institute of Scientific and Technical Information of China (English)

    王水霞; 孟保林

    2007-01-01

    @@ Dialogue is a major form of international cooperation on human rights issues. It is also instrumental in settling human rights disputes between nations. In this age of globalization, extensive global dialogues on human rights serve to deepen mutual understanding between nations, speed up the formation of international norms governing human rights, and hasten the advent of a harmonious world.

  9. 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.

  10. Human Rights and Health Services

    DEFF Research Database (Denmark)

    Skitsou, Alexandra; Bekos, Christos; Charalambous, George

    2016-01-01

    , 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...... 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......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...

  11. Towards A Business and Human Rights Treaty

    OpenAIRE

    Chen, Si

    2015-01-01

    Business enterprises can contribute to the realization of human rights in many instances. However, they may also cause adverse effect on the enjoyment of human rights. The increasing disclosure of business involvement in human rights abuses can be dated back to decades ago. Despite the failed attempts to regulate business enterprises with respect to human rights via a binding approach, a proposal on a business and human rights treaty by some states, typically represented by Ecuador, has reope...

  12. 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.

  13. 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.

  14. 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

  15. HIV, prisoners, and human rights.

    Science.gov (United States)

    Rubenstein, Leonard S; Amon, Joseph J; McLemore, Megan; Eba, Patrick; Dolan, Kate; Lines, Rick; Beyrer, Chris

    2016-09-17

    Worldwide, a disproportionate burden of HIV, tuberculosis, and hepatitis is present among current and former prisoners. This problem results from laws, policies, and policing practices that unjustly and discriminatorily detain individuals and fail to ensure continuity of prevention, care, and treatment upon detention, throughout imprisonment, and upon release. These government actions, and the failure to ensure humane prison conditions, constitute violations of human rights to be free of discrimination and cruel and inhuman treatment, to due process of law, and to health. Although interventions to prevent and treat HIV, tuberculosis, hepatitis, and drug dependence have proven successful in prisons and are required by international law, they commonly are not available. Prison health services are often not governed by ministries responsible for national public health programmes, and prison officials are often unwilling to implement effective prevention measures such as needle exchange, condom distribution, and opioid substitution therapy in custodial settings, often based on mistaken ideas about their incompatibility with prison security. In nearly all countries, prisoners face stigma and social marginalisation upon release and frequently are unable to access health and social support services. Reforms in criminal law, policing practices, and justice systems to reduce imprisonment, reforms in the organisation and management of prisons and their health services, and greater investment of resources are needed. Copyright © 2016 Elsevier Ltd. All rights reserved.

  16. 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.

  17. 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…

  18. 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…

  19. 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...... 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...

  20. 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…

  1. 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…

  2. Dreptul omului de a fi protejat de stresul negativ excesiv – un nou drept fundamental al omului postmodern, la începutul sec. XXI (The right to be protected from the negative stress – a new fundamental right of the post-modern human, at the begining of the XXIst century

    Directory of Open Access Journals (Sweden)

    Mădălina Virginia ANTONESCU

    2015-12-01

    Full Text Available The development of the human rights field, at the beginning of XXIst century, brings new challenges for the legal academic school under the pressure to realize a continuous effort to adapt itself to multiple changes of the global world and equally, to those changes resulted from the state and non-state entities actions, under the impact of specific threats and problems. Within this context, we propose in this paper “a right of human being to be protected from stress -the negative excessive stress-“; in our opinion, this right can be considered, from the beginning, to belong to the IVth generation of human rights, after the category of solidarity rights. Particularly, we consider that it should be adopted (under the aegis of UN.GA a “Charter for the human rigths protection of the metropolitan man”, facing the situations and conditions of life generating a level of stress that is an exclusive feature of the metropolitan style of life, an action prescribed in order to rise concretely the level of protection for human rights, face to challenges brought by postmodern lifestyle. This Charter would realize a consecration of human rights starting from a specific quality of human being (as “living into great urban agglomerations”- metropolis, megalopolis, and by taking into account the universality of the urbanization phenomena, as specific phenomena of the global age, at the beginning of the XXIst century. Quality of the human being “to live into great urban agglomerations” should be taken, in our opinion, into consideration, more attentively, by the XXIst century legal academic school, this quality shifting towards a legal quality, and generating rights and obligations specific to the human being of the XXIst century global society. Also, it should be recommended to ellaborate (possibly, through a Romanian proposal within UN.GA a declaration, signed by UN states, regarding an international day of fighting against negative excessive

  3. 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.

  4. 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

  5. The Communist Party of China and Human Rights

    Institute of Scientific and Technical Information of China (English)

    YE XIAOWEN

    2011-01-01

    The Communist Party of China (CPC) has persistently fought for human rights since its founding in 1921.This is epitomized by the Party's success in promoting democracy,getting the Chinese nation to rally around it,uniting with religious believers and protecting human rights.

  6. 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 implementation

  7. 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

  8. On the Inadequate of Criminal Procedural System in Protection of Human Rights%论我国刑事诉讼制度在保护人权方面的不足

    Institute of Scientific and Technical Information of China (English)

    阎惠英

    2012-01-01

    Based on the facts and law as the yardstick,this is one of the basic principles of criminal proceedings,is also the criminal procedure system of protection of human rights one of the basic requirements.Criminal Procedural System in the implementation of the personality protection,but there is a certain lack of torture,extended detention,illegal evidence,miscarriages of justice is the concrete manifestation.In this paper the talk about human rights,do a brief introduction on the development of China's criminal proceedings in respect of protection of human rights protection,based on the analysis of the deficiencies of our system of criminal proceedings in the protection of human rights,and finally make recommendations accordingly.%以事实为依据,以法律为准绳,这是我国刑事诉讼的基本原则之一,也是刑事诉讼制度保护人权方面的基本要求之一。但就我国刑事诉讼制度而言,在实施人格保护方面却存在一定的不足,刑讯逼供、超期羁押、非法取证、冤假错案就是具体表现。本文就人权谈起,就我国刑事诉讼在人权保护方面的发展做简单介绍,在此基础上分析我国刑事诉讼制度在保护人权方面的不足,最后提出相应建议。

  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. 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.

  11. 少数民族人权:权利分类与对应性保护%Minority Human Rights——the Corresponding Issues of Rights Classifications and Law Protections

    Institute of Scientific and Technical Information of China (English)

    李剑

    2012-01-01

    The legal protection of minority human rights should be based on detailed analysis of the rights system.The purpose of parsing is a way to achieve the legal protection corresponding to the type and property of the rights,and the spatial and temporal effect of the law should adapt to the demands of rights.According to a different classification criterion,the article divides the minority human rights with multiple meanings.Combined with the international legislative texts,we introduce the basic of legitimacy,the basic content and methods of protection of different rights.Finally,the paper analyzed the problems in the current national legislation and the process of rights protection,and then made a preliminary recommendations for system improvement.%少数民族民事习惯法治化既是中国法治建设的重要组成部分,也是地方法治建设的重要工程,关系着中国整体法治建设事业能否最终取得成功。因此,论文从立法和司法两个法治化的中心环节上对民事习惯的立法化、司法化路径进行了深入的探析,以期尽快实现少数民族民事习惯与国家民事法制的无缝对接与融合,加快民族地区国家统一法治建设进程。

  12. Bringing Human Rights Home: Human Rights Education for the 21st Century.

    Science.gov (United States)

    Ross, Loretta J.; Gupta, Meghna

    1998-01-01

    Discusses the purpose and focus of human-rights education. Traces the definition of human rights, emphasizing the role of the United Nations Declaration of Human Rights (UDHR). Compares the U.S. record on human rights against the UDHR. Suggests that human-rights education is limited, and offers ideas for improvement (DSK)

  13. 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.

  14. 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.

  15. 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.

  16. Fit for Purpose or Faulty Design? Analysis of the Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Legal Protection of Minorities

    Directory of Open Access Journals (Sweden)

    Anneleen Van Bossuyt

    2007-05-01

    Full Text Available This paper examines whether the European Court of Justice (ECJ, even in the absence of explicit competencies, could play a role in the creation of a European Union policy promoting the protection of minorities and thus preventing their social exclusion. Comparison is made with the jurisprudence of the European Court of Human Rights (ECtHR because of the cross-fertilisation between the two Courts. The author argues that there is a conspicuous absence in ECJ jurisprudence on the rights of minorities to their culture and identity, whereas the jurisprudence of the ECtHR in this regard is progressive. In contrast, the ECJ takes the fore when it comes to the protection of the linguistic rights of minorities. In conclusion, the author argues that the ECJ is not fit for purpose, but that to speak of a faulty design is taking a step too far.

  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. The human rights approach to climate change

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2013-01-01

    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...

  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. [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.

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

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2015-07-01

    Full Text Available 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 linkage between human rights and the international environment law and the role of ECtHR jurisprudence in enshrining an international human right in the field of environmental protection.

  2. Building a Human Rights Youth Justice System

    Science.gov (United States)

    Wyles, Paul

    2009-01-01

    The Australian Capital Territory's Human Rights Act 2004 and the establishment of an ACT Human Rights Commission have begun to create a human rights culture in the ACT. This paper highlights the influence of this culture on the design and build of the ACT's new youth justice centre. (Contains 2 figures.)

  3. Human Rights and Teaching for Social Justice

    Science.gov (United States)

    Landorf, Hilary

    2010-01-01

    According to the author, teaching for social justice entails the acquisition of the following learning outcomes: (1) knowledge of the meaning, historical development, and application of human rights; (2) ability to analyze human rights from multiple perspectives; and (3) willingness to address human rights issues in local, global, intercultural,…

  4. Building a Human Rights Youth Justice System

    Science.gov (United States)

    Wyles, Paul

    2009-01-01

    The Australian Capital Territory's Human Rights Act 2004 and the establishment of an ACT Human Rights Commission have begun to create a human rights culture in the ACT. This paper highlights the influence of this culture on the design and build of the ACT's new youth justice centre. (Contains 2 figures.)

  5. 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

  6. NGO Duties in Relation to Human Rights

    NARCIS (Netherlands)

    Philips, J.P.M.

    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 s

  7. 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.

  8. 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…

  9. 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…

  10. [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.

  11. 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

    ... Day, Bill of Rights Day, And Human Rights Week, 2009 8464 Proclamation 8464 Presidential Documents Proclamations Proclamation 8464 of December 9, 2009 Proc. 8464 Human Rights Day, Bill of Rights Day, And Human... are the core of our Declaration of Independence, our Constitution, and our Bill of Rights. They are...

  12. Protecting rain forests and forager's rights using LANDSAT imagery

    Science.gov (United States)

    Wilkie, David S.

    1991-01-01

    Creating rain forest reserves is vital given the global decline in biodiversity. Yet, the plants and animals that will be protected from untrammeled commercial exploitation within such reserves constitute essential resources for indigenous foragers and farmers. Balancing the needs of local subsistence level populations with the goals of national and international conservation agencies requires a thorough understanding of the mutual impacts that arise from the interaction of park and people. In the Ituri forest of Zaire, LANDSAT TM image analysis and GPS ground truth data were used to locate human settlements so that boundaries of the proposed Okapi Reserve could be chosen to minimize its impact on the subsistence practices of the local foragers and farmers. Using satellite imagery in conjunction with cultural information should help to ensure traditional resource exploitation rights of indigenous peoples whilst simultaneously protecting the largest contiguous area of undisturbed forest.

  13. Protecting rain forests and forager's rights using LANDSAT imagery

    Science.gov (United States)

    Wilkie, David S.

    1991-01-01

    Creating rain forest reserves is vital given the global decline in biodiversity. Yet, the plants and animals that will be protected from untrammeled commercial exploitation within such reserves constitute essential resources for indigenous foragers and farmers. Balancing the needs of local subsistence level populations with the goals of national and international conservation agencies requires a thorough understanding of the mutual impacts that arise from the interaction of park and people. In the Ituri forest of Zaire, LANDSAT TM image analysis and GPS ground truth data were used to locate human settlements so that boundaries of the proposed Okapi Reserve could be chosen to minimize its impact on the subsistence practices of the local foragers and farmers. Using satellite imagery in conjunction with cultural information should help to ensure traditional resource exploitation rights of indigenous peoples whilst simultaneously protecting the largest contiguous area of undisturbed forest.

  14. 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

  15. International Human Rights Mechanism and Construction of Harmonious Human Rights Relations

    Institute of Scientific and Technical Information of China (English)

    LIU JIE

    2007-01-01

    @@ The international human rights mechanism is a product of the pursuit for peace and justice of the human society. As the core values of the international human rights mechanism, the universal human rights standards provide the international community with a basic path of human rights development in different countries. In recent years a limited few of countries have utilized the universal human rights standards to promote their own strategic wills, and interfere in the sovereignty and domestic affairs of other countries with the excuse of human rights.However, the establishment and improvement of the human rights mechanism provide an institutional mode and path for the promotion of equality, dialog, and cooperation in the human rights issues of all countries. In addition, the establishment and improvement of the human rights mechanism also benefit the construction of harmonious human rights relations in a faster pace on the precondition of respect for national sovereignty by the international community.

  16. 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.

  17. Careful monitoring of human rights needed -- Dr. Wiwat Rojanapithayakorn.

    Science.gov (United States)

    1999-12-01

    In his talk, Joint UN Program on HIV/AIDS team leader Dr. Wiwat Rojanapithayakorn made a plea for the careful monitoring of human rights with respect to the HIV/AIDS epidemic. Since the start of the HIV/AIDS pandemic, a total of 47 million people have been infected with HIV, 14 million have died of AIDS, with 33 million afflicted with the virus by the end of 1998. In the wake of this global crisis comes the widespread abuse of human rights and fundamental freedoms worldwide. Many HIV/AIDS patients suffer from discrimination, intolerance, and prejudice. Hence, protection of human rights is crucial to safeguard human dignity in the context of HIV/AIDS, and to warrant an effective public health and social responses to this epidemic. All states, regardless of their political, economic and cultural systems, have the obligation to promote and protect universal human rights standards and fundamental freedoms of all peoples.

  18. 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…

  19. Land administration, planning and human rights

    DEFF Research Database (Denmark)

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

    2014-01-01

    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...

  20. 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…

  1. Refugees and the African Commission on Human and Peoples’ Rights

    Directory of Open Access Journals (Sweden)

    Monette Zard

    2003-01-01

    Full Text Available On paper, African refugees benefit from one of the world’s most progressive protection regimes. In reality, however, they face endless human rights hurdles involving forced return, discrimination,arbitrary arrest and detention, restricted freedom of movement and expression, and violations of social and economic rights.

  2. Promoting human rights : National Human Rights Commissions in Indonesia and Malaysia

    NARCIS (Netherlands)

    Setiawan, Ken Marijtje Prahari

    2013-01-01

    Since the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by embedding international norms in domestic structures. Promoting Human Rights: National Human Rights

  3. 77 FR 74345 - Human Rights Day and Human Rights Week, 2012

    Science.gov (United States)

    2012-12-14

    ... Documents#0;#0; ] Proclamation 8915 of December 10, 2012 Human Rights Day and Human Rights Week, 2012 By the... Declaration of Human Rights--a revolutionary document that recognized the inherent dignity and inalienable... stands with them, ready to uphold the basic decency and human rights that underlie everything we have...

  4. Promoting human rights : National Human Rights Commissions in Indonesia and Malaysia

    NARCIS (Netherlands)

    Setiawan, Ken Marijtje Prahari

    2013-01-01

    Since the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by embedding international norms in domestic structures. Promoting Human Rights: National Human Rights Commi

  5. 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.

  6. 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.

  7. Human rights and development - an international political economy perspective

    Directory of Open Access Journals (Sweden)

    Cristiane Lucena

    2013-12-01

    Full Text Available This research note provides a critical review of the recent literature on the consequences of development and democratization for the protection of human rights. It identifies common lessons and grounds for further research in the field. This literature takes a series of paradoxes that challenge conventional wisdom regarding the relationship between development and democratization as its starting point, on one hand, and the protection of human rights, on the other. To that effect, several unintended adverse consequences of economic development and movements toward democracy for the protection of civil and political rights are identified. The literature focuses on rights to physical integrity, leaving important questions unanswered when it comes to civil liberties and second-generation rights. The article systematizes new knowledge produced by this literature, translates it into recommendations for research and identifies opportunities for new investigations.

  8. Regulations Protect Right of Disabled to Employment

    Institute of Scientific and Technical Information of China (English)

    NING LILI

    2007-01-01

    @@ On February 14, 2007, the 169th Executive Meeting of the State Council, China's central government, adopted the Regulations on Employment of the Disabled (hereinafter referred to as the Regulations). The Regulations, which became effective on May 1,comes as an important guarantee for the right of the disabled to work.

  9. Human Rights Education in the Perspective of International Human Rights Law

    Institute of Scientific and Technical Information of China (English)

    卓泽渊

    2007-01-01

    @@ In a statement issued on the 2004 World Human Rights Day, Ms.Louse Arbour, United Nations High Commissioner for Human Rights,described human rights education as a strategy tor attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human rights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.

  10. Women's rights are human rights -- why development has failed women.

    Science.gov (United States)

    1995-08-01

    Oxfam UK/I believes that all women have the right to a livelihood, reproductive choice, health care, education, and employment. Access to resources, decision-making, political and religious freedom of expression, and freedom from all forms of violence are also equally important. Oxfam UK/I recognizes that women worldwide from a diversity of cultures and religions are arguing for similar rights, but continuing efforts to create women's equality and empowerment have had only limited success. There has been no significant improvement in women's lifestyles, the feminization of poverty is increasing, growing religious fundamentalism threatens advances made toward equality, and there has been an increasing violation of women's individual human rights to development in the last decade. Human rights instruments to tackle gender inequality exist, but they are not implemented. The rights approach to development recognizes that unless inequalities at local, national, and international levels are seen and challenged, women will continue to face poverty, inadequate representation of their needs and views, and policies which are contrary to their interests. The rights approach encompasses all aspects of women's lives, recognizing that women's rights in the civil, political, social, economic, and cultural spheres are indivisible from one another in the realities of daily life. Oxfam UK/I acknowledges the complexity of the rights debate.

  11. Protection of consumer rights and interests. Case of Kosovo

    OpenAIRE

    Mejdi BEKTASHI

    2015-01-01

    The paper presents an overview of the strategy and process of protection of customer rights and interests in Kosovo. The rights and interests of consumers in the domestic market are still not adequately protected, in a manner and form as is done in most countries of the European Union. The origin of the protection of the rights and interests of consumers in Kosovo began in 2004, with the approval of Consumer Protection Law (Law no. 2004/17) by the Kosovo Assembly. After the declar...

  12. Honing Human Rights in the L[subscript 2] Classroom: Pedagogical Possibilities Using Films

    Science.gov (United States)

    Praveen, C.

    2007-01-01

    Developing an understanding about human rights documents, and an awareness of human rights institutions and mechanisms of protection have become especially significant in the 21st century. Several classroom strategies have hitherto been employed to practice and experience human rights behaviour. Usually topics on human rights is introduced through…

  13. 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

  14. Human Rights and Cohen's Anti-Statism

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2014-01-01

    is anti-statist. On standard liberal interpretations, human rights are such that, logically, they can be violated only by states, not private individuals. An individual who tortures someone commits a moral wrong but does not violate the victim's human rights. For this reason, the crime is less problematic...... than it would have been had a police officer done it on behalf of the state. To this extent the standard liberal understanding of human rights is statist. This parallel between liberal understandings of distributive justice and human rights raises two questions: (1) Is the statist understanding...... of human rights vulnerable to Cohenian criticisms parallel to those that he canvasses against the statist understanding of distributive justice? (2) If so, should we welcome an anti-statist understanding of human rights, or should we see it as a problem with Cohen's critique of a statist focus...

  15. Human Rights and the Leap of Love

    Directory of Open Access Journals (Sweden)

    Alexandre Lefebvre

    2016-12-01

    Full Text Available To commemorate the 75th anniversary of Henri Bergson’s death I present what I believe is his most vital and lasting contribution to political philosophy: his conception of human rights. This article has two goals. The first is to present Bergson’s writings on human rights as clearly and simply as possible, so as to reach the wide audience it deserves. The second is to demonstrate his relevance for contemporary human rights scholarship. To do so, I connect him to recent debates in the history and historiography of human rights. I also highlight his distinctive approach to human rights as furnishing a tool for individuals to work upon and improve themselves. For Bergson, the great promise of human rights is that they simultaneously open new possibilities to care for others and also to care for oneself.

  16. Corporate Human Rights Obligations and International Investment Law

    Directory of Open Access Journals (Sweden)

    Jernej Letnar Cernic

    2010-12-01

    Full Text Available Globalisation has blurred the artificial borders that exist between economies and societies around the world. The activities of corporations in this globalised environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. It appears that the paradigmatic change demands an equal emphasis of rights and obligations of corporations. This article discusses and critically analyses corporate human rights obligations and the lack thereof under stabilization clauses in foreign investment contracts. First, stabilization clauses in foreign investment agreements are examined in relation to corporate obligations and responsibility for fundamental human rights. In doing so the substantive and procedural dimension of stabilization clauses is analysed. Second, using the concrete examples of the Mineral Development Agreement between Mittal Steel and the Government of Liberia Mittal Steel Agreement and of the Baku‐Tblisi‐Ceyhan Pipeline Project as case studies, this article considers an application of stabilization clauses in foreign investment contracts in relation to the fundamental human rights obligation of states and of corporations. Third, a proposal for reform in the form of a fundamental human rights clause is introduced. To be clear, the argument here is that the fundamental human rights obligations of investors, particularly of corporations, must be included in foreign investment agreements.

  17. On China's Protection of Delinquent Minors' Rights

    Institute of Scientific and Technical Information of China (English)

    YAN JIA; LIU TONGQIANG

    2012-01-01

    At the end of June 2011,China had 29 reformatories for delinquent minors,where 17,149 convicts aged 18 or younger were serving their terms.These facilities have persistently followed the policy of "combining punishment with redemption,with redemption taken as the main objective" as well as a policy that calls for the integration of "education,persuasion and redemption." Good results have been achieved thanks to implementation of these policies,especially since the People's Republic of China Law on the Protection of Minors was promulgated in September 1991.

  18. 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.

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

    Directory of Open Access Journals (Sweden)

    William W Davis

    Full Text Available 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.

  20. 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

    Background 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. Methods and Findings 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. Conclusion 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. PMID:26308850

  1. THE 2015 INTER-REGIONAL SEMINARS ON RADIATION HYGIENE FOR LOCAL AGENCIES AND ORGANIZATIONS’ SPECIALISTS OF THE FEDERAL SERVICE FOR SURVEILLANCE ON CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING

    Directory of Open Access Journals (Sweden)

    A. N. Barkovskiy

    2016-01-01

    Full Text Available The article is dedicated to the inter-regional seminars on ensuring population radiation safety held in 2015. Each one of the eight inter-regional centers of Federal Service for Surveillance on Consumer Rights Protection and Human Well-Being conducts such seminars once in every two years in order to render organizational, methodological and practical assistance on the issues of population radiation protection ( Inter-Regional Centers on Radiation Safety – IRC RS In 2015 the inter-regional seminars were conducted by the following inter-regional centers: the Central IRC RS in Moscow on March 18–19, the Southern IRC RS in Simferopol on April 21-23, the Far Eastern IRC RS in Habarovsk on May 26-28, the Siberian IRC RS in Gorno-Altaisk on September 22-24 and the Head Scientific-Methodological Center of Federal Service for Surveillance on Consumer Rights Protection and Human Well-Being (HSMC in St. Petersburg on October 7-8.The seminar elucidated upon current issues of ensuring population radiation protection. The presentations were made by the top-notch specialists of St. Petersburg Research Institute of Radiation Hygiene after Professor P.V. Ramzaev. They expanded upon limitation of population exposure from natural, medical and technogenic ionizing radiation sources, implementation of new regulatory-methodological documents devised by the Federal Service for Surveillance on Consumer Rights Protection and Human Well-Being. They also dwelled upon state-of the-art instruments and methods of conducting radiation monitoring. Practical matters were discussed in relation to establishment of sanitary-epidemiological supervision over population radiation protection.The article highlights the issues discussed at those seminars, major challenges underscored by the participants as the result of the discussions. It provides the general evaluation and conclusions based on the seminars’ outcomes. The smooth organization of those seminars was highly

  2. Chikungunya, climate change, and human rights.

    Science.gov (United States)

    Meason, Braden; Paterson, Ryan

    2014-06-14

    Chikungunya is a re-emerging arbovirus that causes significant morbidity and some mortality. Global climate change leading to warmer temperatures and changes in rainfall patterns allow mosquito vectors to thrive at altitudes and at locations where they previously have not, ultimately leading to a spread of mosquito-borne diseases. While mutations to the chikungunya virus are responsible for some portion of the re-emergence, chikungunya epidemiology is closely tied with weather patterns in Southeast Asia. Extrapolation of this regional pattern, combined with known climate factors impacting the spread of malaria and dengue, summate to a dark picture of climate change and the spread of this disease from south Asia and Africa into Europe and North America. This review describes chikungunya and collates current data regarding its spread in which climate change plays an important part. We also examine human rights obligations of States and others to protect against this disease.

  3. Wollstonecraft, Mill, and Women's Human Rights

    OpenAIRE

    Botting, Eileen Hunt

    2016-01-01

    This book argues that Mary Wollstonecraft and John Stuart Mill are the two primary architects of the modern theory of women’s rights as human rights. It only through addressing women’s rights, Botting argues, that the idea of human rights was given universal scope and application. Botting describes the development of the idea of women’s human rights beginning with the work of Wollstonecraft and Mill, and gives an account of their reception in both western and nonwestern contexts. Her goal is ...

  4. 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....

  5. Performing injustice: human rights and verbatim theatre

    OpenAIRE

    Derbyshire, Harry; Hodson, Loveday

    2008-01-01

    Discusses the theatrical treatment of human rights, by reference to three British productions: Guantanamo: "Honor Bound to Defend Freedom" (2004), My Name is Rachel Corrie (2005) and Called to Account (2007), noting the use of verbatim testimony in such plays. Reviews legal scholarship highlighting the limitations of human rights laws. Considers the theatrical context of each of the plays and the ways in which they represent the status of human rights laws. Comments on the extent of theatre's...

  6. A vegan jurisprudence of human rights

    OpenAIRE

    Rowley, Jeanette

    2015-01-01

    This paper introduces ethical veganism to human rights discourse. It examines the postmodern and posthuman critique of Kantian human rights and the call for Levinasian ethics of alterity to replace the Kantian primary values of reason and autonomy. In congruence with existing scholarship, it advances the argument for a transformational paradigm shift in the foundational architecture of human rights to entrench the importance of duty to Others. However, in examining veganism in the context of ...

  7. HUMAN RIGHTS - A CONCEPT WITH UNIVERSAL MEANINGS

    Directory of Open Access Journals (Sweden)

    Isabela STANCEA

    2012-01-01

    Full Text Available The concept of human rights has evolved in its essence as physical force was gradually replaced by reason, as in society took shape legal principles that would become fundamental: the principle of freedom, equality, solidarity, etc.. Fundamental human rights are a set of rights, freedoms and duties recognized worldwide covering essential issues for human development, welfare and progress. Over time, the human rights institution has evolved and undergone important correctives from one historical arrangement to another and bet on the same order, from one stage to another.

  8. 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.

  9. Democracy, Human Rights and Women's Health.

    Science.gov (United States)

    Safaei, Jalil

    2012-01-01

    Significant improvements in human rights and democracy have been made since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. Yet, human rights, especially women's rights, are still being violated in many parts of the developing world. The adverse effects of such violations on women's and children's health are well known, but they are rarely measured. This study uses cross-national data from over 145 countries to estimate the impact of democracy and respect for human rights on various measures of women's health while controlling for confounding socio-economic factors such as income, education, fertility and healthcare. It finds that democracy and regards for human rights contribute positively to women's health outcomes, as do socio-economic variables.

  10. 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.

  11. EMERGENCY RESPONSE OF THE ADMINISTRATION OF THE FEDERAL SERVICE FOR SURVEILLANCE ON CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING IN SAKHALIN REGION TO THE FUKUSHIMA NUCLEAR POWER PLANT ACCIDENT

    Directory of Open Access Journals (Sweden)

    B. B. Darizhapov

    2011-01-01

    Full Text Available The article describes the experience of the Administration of the Federal Service for Surveillance on Consumer Rights Protection and Human Well-being in Sakhalin Region in organizing prevention of conditions that endanger the public radiation safety related to the nuclear accident at the Fukushima nuclear power plant. The authors present results of the measurements of the radiation situation in the Sakhalin region and propose ways to improve organizational and sanitary-hygienic measures aimed on ensuring public protectiony in events of radiation accidents.

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

    Science.gov (United States)

    Irmansyah, I; Prasetyo, Y A; Minas, H

    2009-06-19

    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. 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. 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. 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 career organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.

  13. 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

    2016-01-01

    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 ne

  14. 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

    2016-01-01

    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 ne

  15. 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

  16. 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.

  17. 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.

  18. 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.

  19. A human rights framework for midwifery care.

    Science.gov (United States)

    Thompson, Joyce Beebe

    2004-01-01

    This article presents a rights-based model for midwifery care of women and childbearing families. Salient features include discussion of the influence of values on how women are viewed within cultures and societies, universal ethical principles applicable to health care services, and human rights based on the view of women as persons rather than as objects or chattel. Examples of the health impact on women of persistent violation of basic human rights are used to support the need for using a human rights framework for midwifery care--a model supported by codes of ethics, the midwifery philosophy of care, and standards of practice.

  20. Poverty, equity, human rights and health.

    Science.gov (United States)

    Braveman, Paula; Gruskin, Sofia

    2003-01-01

    Those concerned with poverty and health have sometimes viewed equity and human rights as abstract concepts with little practical application, and links between health, equity and human rights have not been examined systematically. Examination of the concepts of poverty, equity, and human rights in relation to health and to each other demonstrates that they are closely linked conceptually and operationally and that each provides valuable, unique guidance for health institutions' work. Equity and human rights perspectives can contribute concretely to health institutions' efforts to tackle poverty and health, and focusing on poverty is essential to operationalizing those commitments. Both equity and human rights principles dictate the necessity to strive for equal opportunity for health for groups of people who have suffered marginalization or discrimination. Health institutions can deal with poverty and health within a framework encompassing equity and human rights concerns in five general ways: (1) institutionalizing the systematic and routine application of equity and human rights perspectives to all health sector actions; (2) strengthening and extending the public health functions, other than health care, that create the conditions necessary for health; (3) implementing equitable health care financing, which should help reduce poverty while increasing access for the poor; (4) ensuring that health services respond effectively to the major causes of preventable ill-health among the poor and disadvantaged; and (5) monitoring, advocating and taking action to address the potential health equity and human rights implications of policies in all sectors affecting health, not only the health sector.

  1. 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

  2. Access to Medicines and Human Rights

    NARCIS (Netherlands)

    Oehlke, Krista; Perehudoff, Katrina; Geddes, Katrina; Ruiz Mancera, Silvia; Fuller, Arlan

    This chapter will introduce you to key issues and resources in access to medicines and human rights. In addition, this chapter will help you understand why, more now than ever, access to medicines must be understood and approached as a human rights issue. Some of these issues are also addressed in

  3. 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

  4. 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…

  5. 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,…

  6. Global human rights awareness, education and democratization

    NARCIS (Netherlands)

    Mihr, A.

    2009-01-01

    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 nongovernment

  7. 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)

  8. 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.

  9. 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.

  10. Raz on rights: human rights, fundamental rights and balancing\\ud

    OpenAIRE

    Zanghellini, Aleardo

    2017-01-01

    After clarifying the outlines of Raz’s interest theory of rights and its relationship to aspects of the principles theory of rights, I consider how his recent observations on human rights fit (or fail to fit) into the interest theory. I then address two questions. First, I elaborate on Raz’s definition of morally fundamental rights, arguing that he is right in claiming that there are no such rights. I then show that the interest theory accommodates the notion that rights may take qualitative ...

  11. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    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...... 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....... 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...

  12. 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.

  13. Stealth Radicalism: Teaching Refugee Rights as Human Rights

    Directory of Open Access Journals (Sweden)

    Steven Jones

    2016-02-01

    Full Text Available In this essay, I describe a Human Rights course in which I focused on refugee rights through a service-learning project with a refugee resettlement agency. I will summarize my own approach to “radical teaching,” my objectives for the course, the course itself, and the impact of the course on the students. Ideally, I would describe the impact on the refugees with whom the students interacted, but I was not able to collect narratives in that regard.

  14. 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.

  15. Human right to water and conventionality control

    Directory of Open Access Journals (Sweden)

    Adriana N. Martínez

    2013-12-01

    Full Text Available Humanity faces the challenge of achieving the sustainability of water resources supply for the satisfaction of human needs and ofensuring the sustainability of the natural ecosystems for the achievement of sustainable human development and the quality of life of present and future generations. For this reason the recognition of access to water as a Human Right has fundamental significance. We proceed to analyze the international instruments that provide content and legal basis to the human right to water and the obligations of States. In this context, we deal with the constitutional reception of human right to water in Argentina in the constitutional reform of 1994 and the control of conventionality as guarantor of access to water, which has led to different domestic courts to consider cases in which a violation ofthe right to water was proved.

  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. The Human Rights magazine:A window on China s human rights

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    Launched in 2002,the Human Rights magazine operates under the auspices of the China Society for Human Rights Studies, a non-govcrnmental organization in SPECIAL consultative status with the Economic and Social Council of the United

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

    National Research Council Canada - National Science Library

    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...

  19. 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.

  20. Promoting human rights: National Human Rights Commissions in Indonesia and Malaysia

    OpenAIRE

    Setiawan, Ken Marijtje Prahari

    2013-01-01

    Since the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by embedding international norms in domestic structures. Promoting Human Rights: National Human Rights Commissions in Indonesia and Malaysia addresses this issue by a comparative analysis of two NHRIs in Southeast Asia. It traces the development of both organisations since their inception, as well as their...

  1. 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.

  2. 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.

  3. Human Rights Attributes of Labor Rights%劳动权的人权属性

    Institute of Scientific and Technical Information of China (English)

    谢振东

    2012-01-01

    人权理论和人权保障运动的冲击,是劳动权得以兴起和发展的重要原因之一,而劳动权入宪在一定意义上是对人权理论的落实。劳动权是现代法治国家公民的一项基本权利,也是受国际社会保护的一项基本人权。但是从劳动权形成来看,劳动权与人权所行使的轨迹在漫长的历史中是平行的,甚至在权利概念出现以后,劳动权也长期无人提起。劳动权具有人权属性应是在资本主义早期的工人运动和国际劳工组织的推动下提出的,国际立法和国内立法为劳动权的确立和保障创造了必要的前提条件。%The human rights theory and the impact of human rights protection movement is one of the important reasons for the rise and development of labor rights, and in a sense, labor rights' coming into the Constitution guarantees the implementation of human rights theory. Labor right is a fundamental right of modem law-ruling country, and is also a basic human right protected by the international community. But the existence of labor right and human rights are parallel or rarely meet in the long-history track, and even after the emergence of the concept of rights, labor right was not mentioned in long time. With human rights attribute of labor rights promoted by the impetus of the early capitalism labor movement and the International Labor Organization, international laws and domestic legislations create the necessary prerequisites for the establishment and protection of the night to work.

  4. 78 FR 76029 - Human Rights Day and Human Rights Week, 2013

    Science.gov (United States)

    2013-12-16

    ... Documents#0;#0; #0; #0;Title 3-- #0;The President ] Proclamation 9069 of December 9, 2013 Human Rights Day and Human Rights Week, 2013 By the President of the United States of America A Proclamation Six and a... empires, and affirming every person's right to liberty, equality, and justice under the law. On Human...

  5. EU Law Autonomy Versus European Fundamental Rights Protection

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2015-01-01

    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...

  6. The Issues of Human Rights Protection for Refugees in the Context of“Responsibility to Protect”%“保护的责任”语境下避难者的人权保护问题

    Institute of Scientific and Technical Information of China (English)

    赵洲; 程保志

    2014-01-01

    After the Cold War,to protect people from severe infringement on human rights,the international community has put forward and practice the idea and principle of“responsibility to protect”.In the context of“responsibility to protect”,the over-generalization of the concept of refugees is not compatible with the existing international protection system of refugees.This paper argues that the international community should study and practice a temporary protection system in response to the demand of the protection of a large number of non-traditional refugees.%冷战结束以后,为保护国内人民免遭严重的人权侵害,国际社会开始提出并逐步实践“保护的责任”的观念和原则。然而,在“保护的责任”的语境下,难民概念的泛化与现有的难民国际保护制度并不能相互涵盖。本文认为,为了应对大规模的非传统意义上的难民保护问题,国际社会应该探索和实践一种临时避难保护制度。

  7. Rights to information access under the Data Protection Act.

    Science.gov (United States)

    Dimond, Bridgit

    A patient has a legal right to access personal information held by health professionals on the basis of statutory provisions, such as the Data Protection Act 1998 and the regulations made under that Act, the Access to Health Reports Act 1988 (which is considered in a later article), and also on the basis of the common law, i.e. judge made or case law. Neither legal rights, however, give the patient an absolute right, but are qualified.

  8. Human rights versus legal control over women's reproductive self-determination.

    Science.gov (United States)

    Uberoi, Diya; de Bruyn, Maria

    2013-06-14

    States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights.

  9. 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

    2016-03-15

    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.

  10. 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.

  11. Intellectual Property Right Protection,Human Capital and Economic Growth of Developing Countries%发展中国家知识产权保护、人力资本与经济增长

    Institute of Scientific and Technical Information of China (English)

    阳立高; 贺正楚; 柒江艺; 韩峰

    2013-01-01

    of the relationship among intellectual property right protection,human capital and steady economic growth based on endogenous capacity of imitation. The results show that level of IP protection reveals an inverted U-type relationship with steady per capita economic growth rate and human capital allocation in R&D department in developing coun-tries. Excessive strengthening of intellectual property right protection does not necessarily always lead to economic growth in developing countries. When the level of IP protection is under the critical value,a higher level of human capital and strong imitate ability will further promote the economic growth effects of intellectual property protection,the increase of steady per capita economic growth rate will push more human capital to flow into R&D department. Its policy implications is very obvious,firstly,developing countries should adjust its intellectual property right protection level according to the dynamic change of human capital level and technology,etc; secondly,developing countries should increase the input of education and R&D to accelerate to accumulate human capital and carry out rational intellectual property right protection policy to equilibrium and encourage independent innovation and technological imitation,in order to push the progress of science & technology and restructuring & upgrading of industry;thirdly,developing big countries,such as China,should implement different industry and regional intellectual property right protection policy to push economic growth based on human capital level and technology of different industry and region.

  12. 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 fo

  13. 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.

  14. 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.

  15. 艰难的平衡:追诉有组织犯罪中的打击犯罪与保护人权%A Difficult Balance: Crime Fighting and Human Rights Protection in the Prosecution of Organized Crimes

    Institute of Scientific and Technical Information of China (English)

    贺红强

    2012-01-01

    追诉有组织犯罪需要平衡打击犯罪与人权保障。有组织犯罪的特点决定了必须强化打击度,正当程序的理念决定了必须恪守程序正义的底线。为了有效打击有组织犯罪,应当强化刑事侦查手段,加强证人和被害人保护,鼓励被追诉人与控方合作,倾斜证明责任分配。在打击有组织犯罪的过程中,也应坚守人权保障的底线:禁止使用酷刑手段,辩方有效参与,贯彻无罪推定原则,程序依法公开。%Crime fighting and human rights protection should be balanced in prosecuting organized crimes. Greater efforts must be made to combat the organized crime just because of its characteristics ; while the bottom line of procedural justice has to be abided by because of the concept of due process. In order to combat the o crime effectively, we should take the following measures : strengthening the means of criminal investigation, rganized intensi- fying the protection of witnesses and victims, encouraging the cooperation between the prosecuted and the prosecu- tor, and taking pains to clarify the distinction of responsibilities. In the process of combating the organized crime, no pains should be spared to stick to the bottom line of human rights protection: i.e. the prohibition of the use of torture, the effective participation of the defendants, the implementation of the principle of presumption of innocence, and the publicity of the judicial procedure according to the law.

  16. 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…

  17. 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…

  18. Oriental Culture and Human Rights Development

    African Journals Online (AJOL)

    Leon Wessels

    DETERMINED? This speech is an attempt to offer á perspective, given the particular .... The universal nature of these rights and freedoms is beyond question…19. ▫ All human ... Islamic Middle East” Policial Studies (1995), XLIII, 155. 25 Espiell ...

  19. Land Expropriation and Constitutional Protection of Farmers’ Rights

    Institute of Scientific and Technical Information of China (English)

    2012-01-01

    One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers’ rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government’ land expropriation power and land-expropriated farmers’ rights become out of balance.As a result,some local governments do not attach importance to farmers’ rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers’ right and state interest,it should bring into full play functions of the constitution through protecting farmers’ right to participate in land expropriation and establishing constitution evaluation mechanism.

  20. Statelessness: a forgotten human rights crisis

    Directory of Open Access Journals (Sweden)

    Bill Frelick

    2005-11-01

    Full Text Available Stateless persons do not register on the international community’s radar screen. Recent research suggests that 11 million people lack citizenship or effective nationality. This is a gross violation of Article 15 of the Universal Declaration of Human Rights, which holds that every person “has a right to a nationality”.

  1. Gender Equality, Citizenship and Human Rights

    DEFF Research Database (Denmark)

    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...... 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...

  2. John Wesley and human rights / Stephen Barry

    OpenAIRE

    Barry, Stephen

    2003-01-01

    Wesley's "Thoughts upon Slavery" written in 1774 reveal not only his attitude to this gross violation of human dignity and rights but also to such issues as human freedom in general, colonialism, the right to resist oppression and racism. It seems therefore fitting that this subject should conclude the examination of Wesley's theology of the state. Without reservation Wesley condemns slavery and refuses to admit to the bar in its defence any argument that appeals to existing...

  3. Evolution and transformations of human rights

    OpenAIRE

    Simović, Darko; Avramović, Dragutin; Jugović, Sreten

    2013-01-01

    Since their emergence in ancient times - although in rudimentary form - human rights have continually evolved and have undergone multiple transformations. The initial stage in the development of human rights is characterised by their extremely modest and restrictive practice, as well as by the emergence of the first ideas of natural law that did not tend to change the unjust social reality. The stage of institutionalisation, which began in the Middle Ages, is characterised by the struggle to ...

  4. Protecting expressions of Folklore within the Right to Culture in Africa

    Directory of Open Access Journals (Sweden)

    ES Nwauche

    2010-12-01

    Full Text Available This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1 of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

  5. 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.…

  6. On the Legal Assurance of Rights and Interests of the Scattered Ethnic Minorities in China Viewed from the Domestic Protection of Human Rights%从人权的国内保护视角谈我国散杂居少数民族权益的法律保障

    Institute of Scientific and Technical Information of China (English)

    彭谦; 商万里

    2011-01-01

    全球化的今天,“世界人权法”已是家喻户晓。世界各国都在这盏灯塔的指引下,探索前进,其合理性已举世公认,并为人类进步与世界和平、民主、进步提供了指挥棒。但是,人权既是抽象的,又是具体的。人权只有与各自国家的具体国情、历史相结合,才是现实性的,具体的。本文以我国历史的具体的国情为立足点,从人权的国内保护的视角谈我国散杂居少数民族权益法律保障机制,旨在为我国散杂居少数民族权益研究寻找一个新的视角。%In a world of globalization today, the International Human Rights Law has become world known.Under the guidance of this beacon, each country in the world explores to advance. Its rationality has been recognized by the world and has provided a baton for human progress and world peace, democracy and progress. However, human rights are both abstract and concrete. Human rights can only be practical and specific when they are combined with specific national situation and history of each country. This paper is based on the specific historical national situation of China, discussing the legal guarantee mechanism for rights and interests of national minorities living scattered in China from the perspective of domestic protection of human rights, with the purpose of finding a new perspective for study on rights and interests of scattered national minorities in China.

  7. [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

  8. 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

  9. 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

    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

  10. 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

  11. Sinopec Attaches Great Importance to Intellectual Property Right Protection

    Institute of Scientific and Technical Information of China (English)

    Mu Hongyan

    2007-01-01

    @@ Based on developing and improving the intellectual property rights protection system, Sinopec has been leading the domestic enterprises for IPR protection.China Petrochemical Corporation (Sinopec Group) and China Petroleum and Chemical Corporation (Sinopec Corp.) have together made application for the Chinese patent for 1007 items in 2006, of which 948 were patented, while they have made application for foreign patents for 97 items, of which 61 were patented.

  12. Editorial: Human rights at the border

    OpenAIRE

    Sverre Molland

    2013-01-01

    It is with great honour that I introduce the second issue of the Anti-Trafficking Review (ATR). The first issue received an overwhelming response and has placed the journal at the forefront of rigorous analysis and debate relating to human trafficking and human rights. It raised the topic of accountability in anti-trafficking. This issue hopes to further strengthen the ATR’s position as a global, reputable journal on human trafficking. Strengthening the quality of research, analysis, and...

  13. 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 indu

  14. 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.

  15. Data protection and the patient's right to safety.

    Science.gov (United States)

    Herveg, Jean

    2014-06-01

    The article investigates the issue of knowing whether or not the proposal for a general data protection regulation could improve the patient's safety. This has been analyzed through the four main contributions that should be expected at least from data protection to the patient's safety. In our view, data protection should help supporting efficient information systems in healthcare, increasing data quality, strengthening the patient's rights and drawing the legal framework for performing quality control procedures. Compared to the current legal framework, it is not sure that the proposal might improve any of these contributions to the patient's safety.

  16. Intellectual Property Rights Protection in Peer to Peer Networks

    Science.gov (United States)

    Stylios, Georgios; Tsolis, Dimitrios

    Peer to Peer Networks are oftenly used by internet users to share and distribute digital content (images, audio and video) which is in most of cases protected by the Intellectual Property Rights (IPR) legislation. This fact threatens e-inclusion and Internet democracy as a whole as it forces organizations to block access to valuable content. This paper claims that IPR protection and P2P can be complementary. Specifically, a P2P infrastructure is presented which allows broad digital content exchange while on the same time supports data and copyright protection through watermarking technologies.

  17. 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.

  18. 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.

  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. Children's Rights Protection Enters New Stage in China

    Institute of Scientific and Technical Information of China (English)

    LIU HUAWEN

    2012-01-01

    The State Council of China issued the National Program on the Development of Children (2011-2020) on July 30,2011,outlining new targets and new measures by the government in promoting undertakings concerning children.The new program marks the start of a new era of children's rights protection in China.

  1. Discussions on the Protection of Human Fetus' Rights and Interests in Medical Tort%浅论医疗侵权行为下的人类胎儿权益保护

    Institute of Scientific and Technical Information of China (English)

    钟林涛

    2013-01-01

    Common infringement medical behaviors of human fetal rights and interests may be found in the process of pregnancy and childbirth, which mainly embody the following behaviors: misdiagnosis and maltreat-ment, improper delivery, doctors' rambunctious operation and other direct or indirect damages to the fetus' rights and interests. And the protection of human fetus' rights and interests in the above-mentioned medical torts de-pends on different situation:when the fetus is alive after birth, the compensation is claimed for damages to the fe-tus' health;while the fetus is dead after birth or during pregnancy, the compensation is claimed for damages to the health of pregnant women.%常见侵犯人类胎儿权益的医疗行为,可以发生在怀孕期间及分娩过程中,主要表现为误诊误治、分娩方式不当、医生动作粗暴等多种直接或间接损害胎儿健康权或者生命权的行为。上述各种侵权行为下的胎儿权益的保护,因胎儿出生时是活体还是死体以及是否出生而有不同院胎儿出生是活体的,按侵犯胎儿健康权来请求损害赔偿;胎儿出生时是死体或者在孕期内死亡的,按侵犯孕妇的健康权来请求损害赔偿。

  2. 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.

  3. Human rights monitoring in virtual community.

    Science.gov (United States)

    El Morr, Christo

    2012-01-01

    Holistic disability rights monitoring is essential in order to translate rights on paper into rights in reality for people with disabilities. At the same time, evidence-based knowledge produced through holistic monitoring has to be made accessible to a broad range of groups - researchers, representatives of disability community, people with disabilities, the media, policy makers, general public - and also has to contribute to building capacity within disability community around human rights issues. This article focuses on the design process of a complex Virtual Knowledge Network (VKN) as an operational tool to support mobilization and dissemination of evidence-based knowledge produced by the Disability Rights Promotion International Canada (DRPI-Canada) project. This tool is embedded in the more general framework of the project grounded in a human rights approach to disability and that acknowledges the importance of creating knowledgeable communities in order to make the disability rights monitoring efforts sustainable, advancing thus the decision making process in Canada in order to enhance the quality of life of people with disabilities.

  4. Disability and Humans Rights: A Theoretical Analysis

    Directory of Open Access Journals (Sweden)

    PATRICIA CUENCA GÓMEZ

    2015-06-01

    Full Text Available Since Enlightenment, theories of justice and, in particular, theories of human rights have been based on principles which are excludable for people with disabilities. The exclusion has not been resolved by contemporary theories of justice. A profound review of some basic assumptions is required to get a full and sound theory of human rights including people with disabilities in equal terms. The inclusion of people with disabilities is an urgent theoretical challenge which must be face in order to perform a sound reform of rules in legal practice.

  5. Gender, human rights and cultural diversity

    DEFF Research Database (Denmark)

    Kastrup, Marianne C

    2011-01-01

    The three issues of gender equality, human rights and cultural diversity have dominated my organizational commitments, research, and clinical practice in transcultural psychiatry. These issues are intertwined in many ways and have broad implications for transcultural psychiatry. With increasing...... 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...

  6. Russia and Human Rights: Incompatible Opposites?

    Directory of Open Access Journals (Sweden)

    Bill Bowring

    2009-04-01

    Full Text Available The Article raises in his article “Russia and human rights: incompatible opposites?” the question, if the currently complicated relations between Russia and the CoE concerning Russia’s obligations under the ECHR are at breaking-point. In regard to this issue he gives a description of the history of law in Russia to prove the pre-existing tradition of argument about human rights.

  7. Human Rights and the Rights of Aliens. Working Paper NB-3.

    Science.gov (United States)

    Nickel, James W.

    This paper examines the issue of human rights and the rights of aliens. Contemporary ideas of human rights and contractarian alternatives to universal rights are reviewed. The obligations of governments to admit refugees and to honor the rights of aliens within their borders are discussed. The right to political participation and right to welfare…

  8. The Right to Water in the Case-Law of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Jimena Murillo Chávarro

    2014-04-01

    Full Text Available The human right to water is nowadays more broadly recognised, mainly due to the essential societal function that this resource plays; likewise, because of the present water scarcity is generating conflicts between its different uses. Thus, this right aims at protecting human beings by guaranteeing access to clean water that is essential to satisfy vital human needs. Similarly, access to clean water is an important element to guarantee other rights including the right to life and health. The recognition of the right to water is mainly achieved in two ways: as a new and independent right and as a subordinate or derivative right. Concerning the latter, the right to water can emanate from civil and political rights, such as the right to life; or can be derived from economic, social and cultural rights, including the right to health, the right to an adequate standard of living, and the right to housing. This contribution explores the position of the Inter-American Court of Human Rights regarding the right to water, and analyses whether the Court has recognised the right to water and, if so, in which manner.

  9. Humanization: Towards a Critical Education in Human Rights

    Directory of Open Access Journals (Sweden)

    Jairo Hernando Gómez-Esteban**

    2009-12-01

    Full Text Available The purpose of this article is to problematize the three fundamental dimensions of the human rights education: the dialogicity, the ”Otherness” and the juridicity, having previously discussed minimum ethical, political and legal conditions for a critical education in human rights. The article ends with some methodological assumptions to continue this discussion and this type of education.

  10. Human Rights and Education. Comparative & International Education Series, Volume 3.

    Science.gov (United States)

    Tarrow, Norma Bernstein, Ed.

    This book discusses the relationship between human rights and education. Education is discussed both within the context of human rights, and as the ultimate sanction and guarantee of all human rights. Part 1, "Education as a Human Right," is comprised of the following chapters: (1) "Human Rights and Education: An Overview" (D.…

  11. DEFENDING HUMAN RIGHTS FROM DIMENSION COMMUNICATIONAL

    Directory of Open Access Journals (Sweden)

    Reiny Beth Torres Barroso

    2005-11-01

    Full Text Available This article proposes a reflection about human rights in relation with communication. Try to bring some ideas that permit to interpret the signs of a society of domination, communicational exclusion, and no recognition to the Others and with predominance of capitalist system that supposes the welfare as an opportunity for demand & request of productivity, and not as a capacity dialogue, mutual responsibility and self respect among citizens. The work prebuted during the second research journey of CICI – LUZ, is part of the doctoral thesis named “Communicational responsibility to humanize the politics in Venezuela”, therefore makes emphasis in the humanization idea that necessarily involves the human right defense. This is a cualitive research based on a theoric & conceptual review.

  12. A human rights approach to human trafficking for organ removal.

    Science.gov (United States)

    Budiani-Saberi, Debra; Columb, Seán

    2013-11-01

    Human trafficking for organ removal (HTOR) should not be reduced to a problem of supply and demand of organs for transplantation, a problem of organized crime and criminal justice, or a problem of voiceless, abandoned victims. Rather, HTOR is at once an egregious human rights abuse and a form of human trafficking. As such, it demands a human-rights based approach in analysis and response to this problem, placing the victim at the center of initiatives to combat this phenomenon. Such an approach requires us to consider how various measures impact or disregard victims/potential victims of HTOR and gives us tools to better advocate their interests, rights and freedoms.

  13. Child Labor and Environmental Health: Government Obligations and Human Rights

    Science.gov (United States)

    Amon, Joseph J.; Buchanan, Jane; Cohen, Jane; Kippenberg, Juliane

    2012-01-01

    The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm. PMID:23316246

  14. Global disparities in health and human rights: a critical commentary.

    Science.gov (United States)

    Benatar, S R

    1998-02-01

    Widening disparities in health and human rights at a global level represent the dark side of progress associated with escalation of economic and military exploitation and exponential population growth in the 20th century. Even the most basic universal human rights cannot be achieved for all under these circumstances. The goal of improved population health will be similarly elusive while medical care is commodified and exploited for commercial gain in the marketplace. Recognition of the powerful forces that polarize our world and commitment to reversing them are essential for the achievement of human rights for all, for the improvement of public health, and for the peaceful progress required to protect the "rational self-interest" of the most privileged people on earth against the escalation of war, disease, and other destructive forces arising from widespread poverty and ecological degradation.

  15. Child labor and environmental health: government obligations and human rights.

    Science.gov (United States)

    Amon, Joseph J; Buchanan, Jane; Cohen, Jane; Kippenberg, Juliane

    2012-01-01

    The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm.

  16. 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

  17. 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

  18. 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…

  19. 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…

  20. 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…

  1. Land administration, planning and human rights

    DEFF Research Database (Denmark)

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

    2014-01-01

    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....

  2. Religious pluralism, human rights and democracy

    Directory of Open Access Journals (Sweden)

    Cláudio de Oliveira Ribeiro

    2015-12-01

    Full Text Available This paper introduces the results of a research on questions raised up by religious pluralism related to the promotion of human rights, and some aspects around the deepening of democracy. Methodologically, we first focused on the balance of some important questions for ecumenical theology of religions, because they raise new theological perspectives. Then, we highlighted (i some aspects of the contemporary tendency to privatize religious experiences, all of this as impediment to a good balance between religion and human rights. (ii We analyzed the relationship between ecumenical theology and human rights, in a dialogue with Boaventura de Souza Santo’s ‘counter-hegemonic globalization’ concept. In front of religious pluralism it is necessary to give special attention to the articulation between the capability of religious groups to dialogue and the challenges around the promotion of human rights. We also indicate that an ecumenical spirituality emerging from religious pluralism will have alterity as a central dimension, and this will have a direct impact in religious and social processes giving birth to utopian and democratic meaningful perspectives.

  3. 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

  4. 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…

  5. Economic Reflection on Human Rights Issue

    Institute of Scientific and Technical Information of China (English)

    SUN QIANG

    2011-01-01

    @@ Economic development is decisive with regard to human rights issue.Since reform and opening up,China has established a socialist market system, which provides a market environment characterized by democracy, freedom, equity and competition and thus pushed up economic development and improved the material and spiritual wellbeing of the people.

  6. Human rights and sustainable spatial development

    NARCIS (Netherlands)

    Pallemaerts, M.

    2009-01-01

    What is the relationship between spatial planning and human rights? Though this question may seem highly theoretical at first glance, closer analysis will reveal that there are in fact a number of ways in which public policies in the area of territorial planning and development and the imperative of

  7. Palliative care registers: infringement on human rights?

    Science.gov (United States)

    Anthony-Pillai, Rosemarie

    2012-04-01

    A personal view made in light of the recent news article regarding a husband wanting to sue Addenbrooke's hospital over a Do Not Attempt Resuscitation decision. This article aims to highlight how the rolling out of cross boundary palliative care registers may be more at risk of infringing human rights.

  8. 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 that

  9. Human rights: eye for cultural diversity

    NARCIS (Netherlands)

    Y.M. Donders

    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 anaesthes

  10. Pharmaceutical knowledge governance: a human rights perspective.

    Science.gov (United States)

    Lemmens, Trudo

    2013-01-01

    Industry control over the production and distribution of pharmaceutical safety and efficacy data has become a serious public health and health care funding concern. Various recent scandals, several involving the use of flawed representations of scientific data in the most influential medical journals, highlight the urgency of enhancing pharmaceutical knowledge governance. This paper analyzes why this is a human rights concern and what difference a human rights analysis can make. The paper first identifies the challenges associated with the current knowledge deficit. It then discusses, based on an analysis of case law, how various human rights associated interests can be invoked to support the claim that states have an obligation to actively contribute to independent knowledge governance, for example through ensuring clinical trials transparency. The paper further discusses a conceptual use of human rights, as a methodology which requires a comprehensive analysis of the different interwoven historical, economic, cultural, and social factors that contribute to the problem. Such an analysis reveals that historically grown drug regulations have, in fact, contributed directly to industry control over pharmaceutical knowledge production. This type of finding should inform needed reforms of drug regulation. The paper ends with a recommendation for a comprehensive global response to the problem of pharmaceutical knowledge governance. © 2013 American Society of Law, Medicine & Ethics, Inc.

  11. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    of empowerment and legal capability, coupled with an analysis of how this theory is supported by international and national law. The third and final part contains an analysis of cases from both the Danish Parliamentary Ombudsman and the Danish Equality Board (Ligebehandlingsnævnet), applying a model of analysis...... 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....... 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...

  12. 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

  13. 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

  14. 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.

  15. Globalisation and Human Rights: An Overview of its Impact

    Directory of Open Access Journals (Sweden)

    Shabina Arfat

    2013-05-01

    Full Text Available The development of human rights law in response to globalization is not new, and there is nothing inherent in the international system that would prevent further protective measures. A number of U.N. specialized agencies have also addressed the question of globalization. This global development is sometimes viewed as being responsible for exploitation, and other forms of human rights abuses. On the other hand, improvements in human rights are sometimes attributed to the spread of liberal ideas and movements, which is one of the key dimensions of globalization. Critics say human rights have been adversely affected by globalization for instance right to equality and other socio economic rights. The commitment of the United Nations to the indivisibility of human rights is reflected in the Universal Declaration of Human Rights. Human rights are the first responsibility of governments. While globalization offers great opportunities, the fact that its benefits are very unevenly shared and its costs unevenly distributed represents an aspect of the process that affects the full enjoyment of all human rights, in particular in developing countries. Inequality has risen during this present globalization period. In this paper an attempt has been made to highlight the impact of globalization on human rights regime. Normal 0 false false false EN-US X-NONE AR-SA /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; text-align:justify; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}

  16. 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

  17. 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.

  18. 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.

  19. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2015-12-01

    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.

  20. Editorial: Human rights at the border

    Directory of Open Access Journals (Sweden)

    Sverre Molland

    2013-11-01

    Full Text Available It is with great honour that I introduce the second issue of the Anti-Trafficking Review (ATR. The first issue received an overwhelming response and has placed the journal at the forefront of rigorous analysis and debate relating to human trafficking and human rights. It raised the topic of accountability in anti-trafficking. This issue hopes to further strengthen the ATR’s position as a global, reputable journal on human trafficking. Strengthening the quality of research, analysis, and reflexivity in the trafficking sector is much needed, and I echo Anne Gallagher’s observation as guest editor of the first issue that standards in anti-trafficking research tend to be less rigorous than in other fields of study. My aim as a guest editor is to contribute to addressing this shortfall by bringing together a set of diverse and insightful articles focussing on the nexus of borders and human rights. It is also my hope that this issue will work towards narrowing the divide between practitioners and academics in anti-trafficking. This is reflected in the varied range of contributors. The last few years have witnessed a significant increase in publishing relating to human trafficking worldwide. However, there is limited measured debate and appraisal of this literature within the anti-trafficking sector. For this reason we have decided to include a book review as a way of highlighting recent major publications. The question of borders, migration control, trafficking and human rights raise contested and controversial questions. The editorial team has attempted to include different perspectives, reflected in the debate section in particular. Needless to say, all papers have been subject to double blind peer review.

  1. Human rights and immigrants’ access to care

    Directory of Open Access Journals (Sweden)

    Wendy Parmet

    2013-11-01

    Full Text Available Although the human right to health is well established under international law, many states limit non-citizens’ participation in public insurance programs. In the United States, immigrants face especially high barriers due to the lack of recognition of a broad right to health as well as federal statutes restricting many immigrants’ eligibility to federally-funded insurance. High rates of uninsurance among immigrants have a detrimental effect on their health, as well as on the health of citizens who live in their communities. Finch vs. Commonwealth Health Insurance Connector, a recent case decided by the Supreme Judicial Court of Massachusetts, recognized the rights of legal immigrants in Massachusetts to state-supported health care, and demonstrates the importance of insuring immigrants in broadly-based, rather than immigrant-specific, programs.

  2. Editorial: Sandwiched Between Strasbourg and Karlsruhe: EU Fundamental Rights Protection

    NARCIS (Netherlands)

    Reestman, J.H.; Besselink, L.

    2016-01-01

    Starting out from the notion of the `Verfassungsgerichtsverbund´, coined by the President Vosskuhle of the German Federal Constitutional Court, this contribution sketches the manner in which the European Court of Justice operates, sandwiched in between the European Court of Human Rights that sets a

  3. 刑事诉讼中人权保障事业的发展与困境--以广东徐辉案为视角%The Development and the Dilemma of Human Rights Protection in Criminal Litigation from the Perspective of Xuhui False Case in Guangdong

    Institute of Scientific and Technical Information of China (English)

    钱文杰

    2014-01-01

    新《刑事诉讼法》将人权保障规定在第2条,并对证据制度、辩护制度等具体法条作出修改和完善,在实践中积极贯彻和落实。近日,广东徐辉冤案的平反更是人权保障理念在刑事诉讼领域的深刻反映。文章以此案为视角,在分析人权保障基本理念基础上,探讨人权保障在我国刑事诉讼中的发展与困境,并反思人权保障的路径。%The human rights was stipulated in article 2 of new Criminal Procedural Law which modified and improved the evidence system, defense system and other specific legislation. It’s required to be carried out and implemented in practice actively. Recently, the Xuhui false case in Guangdong was rehabilitated which deeply reflected the concept of human rights protection in the field of criminal proceedings. In this article, based on the analysis of this case and the basic idea of human rights protection, it investigated the development and the dilemma of human rights protection in the criminal prosecution in China, and put forward some reflections on the way of human rights protection.

  4. 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.

  5. 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.

  6. Ebola Virus: Sensationalism, Science, and Human Rights.

    Science.gov (United States)

    Bausch, Daniel G; Clougherty, Marguerite M

    2015-10-01

    Outbreaks of the filoviruses, Ebola and Marburg, usually garner immense public attention, often with a sensationalist bent in the lay press, focused on the apparently mysterious origins of the outbreak and the high mortality rates. The scientific community may present a more objective viewpoint, but usually with a rather technical focus on identifying epidemiological risk factors and experimental therapies and vaccines. Often lost in the discussion are the human rights elements that consistently underlie large outbreaks of these dangerous viruses.

  7. 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.

  8. The Plights and Solutions of the Farmers’ Land Rights Protection

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    The current plights of farmers’ land rights in China are analyzed.They cover the vain installation of the security of farmers’ land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers’ land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers’ land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers’ autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants’ cooperative economic organizations and cultivating peasants’ rights keeping organization.Through the discussion on the plights and solutions of farmers’ land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.

  9. ‘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

  10. ‘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 a

  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. Women trafficked into prostitution: determinants, human rights and health needs.

    Science.gov (United States)

    Gajic-Veljanoski, Olga; Stewart, Donna E

    2007-09-01

    Human trafficking is an international challenge that increasingly affects industrialized countries. It represents a gross violation of a person's right to liberty and freedom of movement, and is often accompanied by violence and degrading treatment which can have detrimental effects on health. In this article, we review the definition and extent of human trafficking, and focus on the human rights abuses and determinants of trafficking in women. Mental health and other health outcomes are reviewed, and differences between countries in organized activities for victim assistance and protection are assessed. Finally, we discuss the roles of mental health and other healthcare providers in identifying and helping trafficked women, and recommend a tailored multidisciplinary approach for victim assistance.

  13. Respect for Human Rights: a Fundamental Foundation for a World of Peace, Security and Harmony

    Institute of Scientific and Technical Information of China (English)

    陈淳安

    2007-01-01

    @@ Peace, security, harmonious development and human rights are closely related. Firstly,peace and security are premise and precondition for the insurance of human rights. It is obvious that when human beings continue to be threatening by wars, conflicts and chaos, their right to life is faint and insecure, and other human rights would not be fully respected or protected. On the other hand, peace and security are foundation for everyone to pursue his or her own objectives. In other words, in a society where peace and security are maitained, people will have opportunity to enjoy their human rights and to affirm their own ego.

  14. 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.

  15. The Right to Concerted Action as Part of Human Rights

    Institute of Scientific and Technical Information of China (English)

    LiQi,; ZhuShida; DavidKelly

    2004-01-01

    Associations existed in primitive human society. Only when the human race entered modem society, however, did concerted actions begin to enjoy institutionalized space and exercise tremendous impact on human life. In the late 20th century a worldwide revolution of associations took place. Concerted actions may be classified as economic,

  16. Global health policies that support the use of banked donor human milk: a human rights issue

    OpenAIRE

    Arnold Lois DW

    2006-01-01

    Abstract This review examines the role of donor human milk banking in international human rights documents and global health policies. For countries looking to improve child health, promotion, protection and support of donor human milk banks has an important role to play for the most vulnerable of infants and children. This review is based on qualitative triangulation research conducted for a doctoral dissertation. The three methods used in triangulation were 1) writing as a method of inquiry...

  17. 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.

  18. 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…

  19. 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…

  20. What is a human-rights based approach to health and does it matter?

    Science.gov (United States)

    London, Leslie

    2008-01-01

    A human rights approach to health is critical to address growing global health inequalities. Three aspects of the nature of health as a right are relevant to shaping a human rights approach to health: (1) the indivisibility of civil and political rights, and socio-economic rights; (2) active agency by those vulnerable to human rights violations; and (3) the powerful normative role of human rights in establishing accountabiliy for protections and freedoms. Health professionals' practice, tpically governed by ethical codes, may benefit from human rights guidelines, particularly in situations of dual loyalty where clients' or communities' human rights are threatened Moreover, institutional accountability for protecting human rights is essential to avoid shifting responsibility solely onto the health professional Human rights approaches can include holding states and other parties accountable, developing policies and programs consistent with human rights, and facilitating redress for victims of violations of the right to health. However, underlying all models is the need to enable active social mobilization, without which legal approaches to rights lack sustainability and power. Evidence from South and Southern Africa has shown that different conceptions of what is meant by human rights impact substantially on state willingness and abiliy to meet constitutional obligations with regard to the right to health. New approaches to health polity development, which draw on the agency of vulnerable groups, link local struggles with their global context, and explicitly incorporate rights frameworks into public health planning are needed. Models that move away from individualizing conflict over rights between health professionals as disempowered duty bearers and patients as frustrated rights holders, toward more mutual approaches to shared rights objectives may be possible and are being actively pursued through the development of a learning network to realize the right to health

  1. Danish Mortgage Finance, Property Rights Protection and Economic Development

    DEFF Research Database (Denmark)

    Haldrup, Karin

    of screening methods for assessing the readiness for such transplantation depends on a deeper understanding of three large domains: A) Mortgage Finance, B) Cadastre and Land Registration; and C) Economic Development; and the interrelations between these three areas. In particular the thesis has focused...... on the requirements of infrastructure in respect to protecting ‘security of collateral’, and on international monitoring systems providing information on the status of what cadaster, real property registration and other functions of importance for securing collateral and for valuation of properties. In the absence...... of data on the status of land registration (and of reliable ratings of protection of property rights), it was found that macro-economic indicators could serve as indicators of readiness. Findings included propositions on prerequisites for readiness of mortgage finance development and proposals concerning...

  2. Quis Custodiet Ipsos Custodes: Protection of Human Rights at the International Criminal Court (Quis custodiet ipsos custodes: zaščita človekovih pravic v postopku pred Mednarodnim kazenskim sodiščem

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2014-10-01

    Full Text Available International criminal law has been long focusing on providing criminal responsibility to perpetrators of international crimes and preventing their impunity, but it also has to provide fair trial at the same time. In connection to this an issue arises, whether the legality of the procedure has to be ensured by external supervision. That became especially relevant with the establishment of a permanent International Criminal Court (the ICC. This paper therefore tries to verify the hypothesis that the Rome Statute includes all the regular mechanisms for protection of the defendant’s rights, but the external supervision is still required. The paper firstly discussed the existing possibility of protection of the defendant’s rights in the ICC − means of invoking or sanctioning violations of these rights through legal remedies, criminal, civil and tort liability or inadmissibility of evidence. Second part of the paper includes thoughts on possibility of the ICC joining the existing universal, regional or national supervisory mechanisms.

  3. 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 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...... data sources; - to formulate recommendations based on best practices to better prevent and tackle evictions and homelessness resulting from evictions....

  4. 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.

  5. Fourth Beijing Human Rights Forum Held in Beijing

    Institute of Scientific and Technical Information of China (English)

    OUR STAFF REPORTER

    2012-01-01

    The Fourth Beijing Forum on Human Rights was held in Beijing from September 21-23,2011.Jointly sponsored by the China Society for Human Rights Studies and the China Human Rights Development Foundation,the forum was centered on the theme of "Cultural Tradition,Concept of Values and Human Rights." Attending were nearly 100senior human rights officials,specialists and scholars from 26 countries and regions as well as the United Nations and other international organizations.

  6. 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...

  7. 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.

  8. “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

  9. “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

  10. 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 industrial hazards, while allowing States an especially broad margin of appreciation with regard to natural hazards. Drawing on contemporary disaster theory, the article examines whether and to what extent the Court's distinction between natural and industrial hazards can be maintained. The article proposes...

  11. 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.

  12. 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...

  13. 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.

  14. 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.

  15. Pain relief is a human right.

    Science.gov (United States)

    Daher, Michel

    2010-01-01

    For centuries, medical and surgical treatment has emphasized saving the life of the patient rather than ameliorating the patient's pain, particularly when there were few options for the latter. Today at the dawn of the 21st century, the best available evidence indicates a major gap between an increasingly understanding of the pathophysiology of pain and widespread inadequacy of its treatment. Epidemiologic evidence has proven that chronic pain is a widespread public health issue. Studies of cancer patients' pain control consistently reveal that up to half of patients receive inadequate analgesia and 30% do not receive appropriate drugs for their pain. Equally, for patients suffering HIV/AIDS, 60%-100% will experience pain at some stage in their illness. In the developed world, this gap has prompted a series of declarations and actions by national and international bodies advocating better pain control. One response to the worldwide undertreatment of pain has been to promote the concept that pain relief is a public health issue of such critical importance as to constitute an international imperative and fundamental human right. The importance of pain relief as the core of the medical ethic is clear. Pain clinicians promote the status of pain management beyond that of appropriate clinical practice or even an ethic of good medicine. They advocate a paradigm shift in the medical professions' perspective on pain management, from simply good practice to an imperative founded on patient rights. There is a need to promote policies which create conditions where human beings can bear even incurable illnesses and death in a dignified manner. This must help health professionals or lay groups to initiate a powerful agenda to reform local statutes. The essential components of such legislation are: 1. Reasonable pain management is a right. 2. Doctors have a duty to listen to and reasonably respond to a patient's report of pain. 3. Provision of necessary pain relief is immune from

  16. 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...

  17. 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...

  18. 声音权的民法保护%Civil Protection of the Sound Right

    Institute of Scientific and Technical Information of China (English)

    徐淑娴

    2016-01-01

    声音权作为一种新出现的人格权类型,已被很多国家确立为一项独立的权利。对声音权进行法律保护,在维护人的自由和尊严方面,具有重要意义,但我国立法尚未确立该项权利。本文首先探讨了声音权的概念和法律特征。其次,从学理角度分析声音权的三大构成要素:主体、客体、内容。最后,提出构建我国声音权保护制度的设想。%Sound right as an emerging type of personality rights, it has been established in many countries as an independent right. Right sound legal protection, in the preservation of human freedom and dignity, it is important, but our legislation has not been established that right. This paper discusses the concept and legal characteristics of the sound right. Secondly, from a theoretical point of view the three sound right to constituent elements:subject, object, content. Finally, the right to build our sound protection system envisaged.

  19. Data-driven human rights: using the electronic health record to promote human rights in jail.

    Science.gov (United States)

    Glowa-Kollisch, Sarah; Andrade, Kelly; Stazesky, Richard; Teixeira, Paul; Kaba, Fatos; Macdonald, Ross; Rosner, Zachary; Selling, Daniel; Parsons, Amanda; Venters, Homer

    2014-06-14

    The electronic health record (EHR) is a commonplace innovation designed to promote efficiency, quality, and continuity of health services. In the New York City jail system, we implemented an EHR across 12 jails between 2008 and 2011. During the same time, our work increasingly focused on the importance of human rights as an essential element to the provision of medical and mental health care for our patients. Consequently, we made major modifications to the EHR to allow for better surveillance of vulnerable populations and enable reporting and analysis of patterns of abuse, neglect, and other patient concerns related to human rights. These modifications have improved our ability to find and care for patients injured in jail and those with mental health exacerbations. More work is needed, however, to optimize the potential of the EHR as a tool to promote human rights among patients in jail.

  20. Protection of the Geographical Indication Right and New Plant Variety Right of Green Chinese Onion in China

    Institute of Scientific and Technical Information of China (English)

    Zai; HU; Shuting; WANG; Zhiguo; SUN; Wanzhen; XIONG; Limin; HUANG

    2013-01-01

    Geographical indication right and new plant variety right are important agricultural intellectual property.This article researches the current situation on protection of geographical indication right of green Chinese onion resources and new plant variety right.And it puts forward the following measures for improvement:(i)Promoting the implementation of geographical indication product protection based on the national quality system;(ii)Establishing the national quality standards of geographical indication green Chinese onion,in order to improve quality standardization;(iii)Encouraging more enterprises within the scope of protection of geographical indication to use special signs of geographical indication;(iv)Unifying the green Chinese onion brands within the scope of protection of geographical indication;(v)Achieving the dual protection of geographical indication right and new variety right of green Chinese onion;(vi)Developing the tourism resources on geographical indication green Chinese onion,to develop tourism agriculture.

  1. Survival Right and Development Right is Basic Human Rights%简论生存权和发展权是首要的基本人权

    Institute of Scientific and Technical Information of China (English)

    陆德生

    2013-01-01

      Our party and our country have repeatedly stressed survival rights and development rights are basic human rights. In advancing the cause of human rights of Chinese characteristic socialism,our survival rights and development rights are well protected and implemented. The report of 18th CPC National Congress emphasizes that we should better realize scientific development,strengthen democracy and law,concern more about people's livelihood,uphold fairness and justice and make human rights respected and protected in the reality. In the future,our survival rights and development rights will be far better developed.%  党和国家一再强调生存权和发展权是首要的基本人权。在全面推进中国特色社会主义人权事业中,我国人民的生存权和发展权得到了很好的保障和落实。党的十八大报告强调要更好地实现科学发展,加强民主法治,高度关注民生,坚持公平正义,人权得到切实尊重和保障。展望未来,我国人民的生存权和发展权必将得到更大更好地发展。

  2. 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

  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. Missing people, migrants, identification and human rights.

    Science.gov (United States)

    Nuzzolese, E

    2012-11-30

    The increasing volume and complexities of migratory flow has led to a range of problems such as human rights issues, public health, disease and border control, and also the regulatory processes. As result of war or internal conflicts missing person cases and management have to be regarded as a worldwide issue. On the other hand, even in peace, the issue of a missing person is still relevant. In 2007 the Italian Ministry of Interior nominated an extraordinary commissar in order to analyse and assess the total number of unidentified recovered bodies and verify the extent of the phenomena of missing persons, reported as 24,912 people in Italy (updated 31 December 2011). Of these 15,632 persons are of foreigner nationalities and are still missing. The census of the unidentified bodies revealed a total of 832 cases recovered in Italy since the year 1974. These bodies/human remains received a regular autopsy and were buried as 'corpse without name". In Italy judicial autopsy is performed to establish cause of death and identity, but odontology and dental radiology is rarely employed in identification cases. Nevertheless, odontologists can substantiate the identification through the 'biological profile' providing further information that can narrow the search to a smaller number of missing individuals even when no ante mortem dental data are available. The forensic dental community should put greater emphasis on the role of the forensic odontology as a tool for humanitarian action of unidentified individuals and best practise in human identification.

  5. Respect for vulnerability is a human right: Article 8 of the UNESCO ...

    African Journals Online (AJOL)

    2016-05-18

    May 18, 2016 ... elderly citizens are discriminated against in the health environment in. South Africa ... the development of human rights and bioethics, as the international ... to the protection of vulnerable people as a 'principle' since 1991, its.

  6. Human Rights of Women and A Harmonious World

    Institute of Scientific and Technical Information of China (English)

    ZHANG XIAOLING

    2007-01-01

    @@ Human rights of women are an inalienable, integral and indivisible part of universal human rights, as well as a major reflection of social civilization and social harmony. Human society is a whole consisting of men and women. The world will inevitably be a disharmonious one if women, who make up half of the total population, cannot enjoy equal human rights.

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

    Science.gov (United States)

    Hunt, Paul

    2016-12-01

    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 down the right to health, as evidenced by an examination of some UN human rights guidance. The right to health has important and distinctive qualities that are not provided by other rights-consequently, playing down the right to health can diminish rights-based approaches to health, as well as the right to health itself. Because general comments, the reports of UN Special Rapporteurs, and UN agencies' guidance are exercises in interpretation, I discuss methods of legal interpretation. I suggest that the International Covenant on Economic, Social and Cultural Rights permits distinctive interpretative methods within the boundaries established by the Vienna Convention on the Law of Treaties. I call for the right to health to be placed explicitly at the center of a rights-based approach and interpreted in accordance with public international law and international human rights law.

  8. Human Rights and Dignity Behind Bars.

    Science.gov (United States)

    Maschi, Tina; Richter, Marina

    2017-01-01

    Death and dying in prisons constitute a topic of growing importance across the globe. Based on the contributions made in this special issue, we reflect on current debates and outline recommendations for dialogue and practice. Scientific dialogue across the Atlantic, and across the globe, provides insights into different national carceral systems and their ways of dealing with end of life behind bars. At the same time, the comparison also helps to identify basic needs and practices that can work in various settings. We identify several issues where further efforts need to be taken to deepen the dialogue. A common ground for all advancement of legislation and practice constitute the minimal level of rights to which every human being is entitled.

  9. Derivatives Trading, Climate Science and Human Rights

    DEFF Research Database (Denmark)

    Haigh, Matthew

    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...... 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...... 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...

  10. Derivatives Trading, Climate Science and Human Rights

    DEFF Research Database (Denmark)

    Haigh, Matthew

    Purpose - An assessment of the ideology of climate management. Design/Methodology/Approach - Zizek's (S. Zizek, 2004, From politics to biopolitics . . . and back, The South Atlantic Quarterly, 103(2/3): 501-521) theorization of the real and the signified is used to develop a discursive framework...... 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...

  11. On Human Rights Attribute of Labor Rights%劳动权的人权属性研究

    Institute of Scientific and Technical Information of China (English)

    谢振东

    2012-01-01

    人权理论和人权保障运动的冲击,是劳动权得以兴起和发展的重要原因之一,而劳动权入宪在一定意义上是对人权理论的落实。劳动权是现代法治国家公民的一项基本权利,也是国际社会保护的一项基本人权。但是从劳动权形成来看,劳动权与人权所行使的轨迹在漫长的历史中是平行的甚至很少相遇,甚至在权利概念出现以后,劳动权也长期无人提起。劳动权具有人权属性应是资本主义早期的工人运动和国际劳工组织的推动下,国际立法和国内立法为劳动权的确立和保障创造了必要的前提条件。%Human rights theory and the impact of human rights protection movement is one of the important reasons for the rise and development of labor rights,and in a sense,labor rights included into the Constitution guarantee the implementation of human rights theory.Labor right is a fundamental right of modern law-ruling country,which is also a basic human right protected by the international community.However,the existence of labor right and that of human rights are parallel in history or rarely meet in the long-history track,and even after the emergence of the concept of rights,labor right was not also mentioned in a long time.The human rights attribute of labor rights is an essential prerequisite created by international and domestic legislation for the establishment and protection of labor right.

  12. Pauvreté et droits humains (Poverty and Human Rights

    Directory of Open Access Journals (Sweden)

    Christophe Golay

    2012-01-01

    Full Text Available Depuis les années 1980, les questions de droits humains, notamment économiques, sociaux et culturels, se sont progressivement imposées dans l'étude des causes de la pauvreté et des mesures qui permettraient de la réduire. Pourtant, force est de constater que les cas de non-respect, dénis et violations des droits humains n'ont pas sensiblement diminué. Les abus entraînés par le phénomène des acquisitions massives de terres agricoles dans les pays les plus pauvres de la planète en fournissent une bonne illustration. Dans ce contexte, les limites des principes volontaires sautent aux yeux, mais la revendication et la protection d'un droit contraignant, tel le droit à l'alimentation, offre des opportunités plus intéressantes pour les communautés locales et les acteurs qui les soutiennent.(Human rights, particularly economic, social and cultural rights, have, since the 1980s, assumed an important part in the study of the causes of poverty and methods used to reduce it. Nevertheless, there has not been a noticeable decline in human rights abuses. One example is the massive agricultural land grabs in the poorest nations of the world. It is clear that voluntary principles are insufficient. However, imposition of a right to food offers an opportunity for local communities and their supporters.

  13. 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.

  14. How China Protects People's Right to Labor——An interview with Labor and Social Security Minister Tian Chengping

    Institute of Scientific and Technical Information of China (English)

    OUR STAFF REPORTER

    2007-01-01

    @@ EDITOR'S NOTE: Following is an interview given to our staff reporter by Chinese Minister Tian Chengping of Labor and Social Security on protection of the people's right to labor, which is an important part of the national endeavor to protect human rights. The minister spoke on a range of questions, including employment and reemployment of workers in Chinese cities, wages of migrant workers from the countryside, efforts to narrow the gap of income between different population groups, and protection of the legitimate rights and interests of the working masses.

  15. 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.

  16. Human rights and health: challenges for training nurses in South Africa

    Directory of Open Access Journals (Sweden)

    L London

    2008-09-01

    Full Text Available The need for health professionals to address their human rights obligations has emerged in the last decade both internationally as well as nationally following the findings of South Africa’s Truth and Reconciliation Commission. Support for human rights norms has become a priority for institutions as well as practitioners within the health sector. Training plays a crucial role in shaping health professional practice. In addition to creating a clear understanding of the linkages between human rights and health, educators can role-model how health professionals should act to support human rights. This article explores human rights derived from the South African Constitution in relation to the obligation on health professionals to respect, protect, promote and fulfill human rights. The implications of this commitment to human rights training of nurses are discussed, drawing on the authors’ nine years of experience in running courses for South African health professional educators. Themes include: developing core competencies for human rights in health professional curricula, identifying appropriate instructional methodologies and assessment tools suited to the content and context of human rights, and engaging the institutional environment for human rights teaching, at both the level of institutional culture and strategic implementation. At a time when there are increasing demands on the nursing profession to assume greater responsibility and develop versatility in its scope of practice, key challenges are posed for teaching and realising human rights.

  17. Human rights and health: challenges for training nurses in South Africa.

    Science.gov (United States)

    London, L; Baldwin-Ragaven, L

    2008-03-01

    The need for health professionals to address their human rights obligations has emerged in the last decade both internationally as well as nationally following the findings of South Africa's Truth and Reconciliation Commission. Support for human rights norms has become a priority for institutions as well as practitioners within the health sector. Training plays a crucial role in shaping health professional practice. In addition to creating a clear understanding of the linkages between human rights and health, educators can role-model how health professionals should act to support human rights. This article explores human rights derived from the South African Constitution in relation to the obligation on health professionals to respect, protect, promote and fulfill human rights. The implications of this commitment to human rights training of nurses are discussed, drawing on the authors' nine years of experience in running courses for South African health professional educators. Themes include: developing core competencies for human rights in health professional curricula, identifying appropriate instructional methodologies and assessment tools suited to the content and context of human rights, and engaging the institutional environment for human rights teaching, at both the level of institutional culture and strategic implementation. At a time when there are increasing demands on the nursing profession to assume greater responsibility and develop versatility in its scope of practice, key challenges are posed for teaching and realising human rights.

  18. 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

  19. 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 an

  20. National Law Restrictions on Family Reunification Rights of International Protection Beneficiaries from a ECHR/EU Perspective

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    n light of the refugee crisis, European countries are exploring new ways to restrict access of migrants to their territory. One such restriction relates to family reunification rights of international protection beneficiaries. Proposals in this area have already been adopted or are currently being...... with the European Convention on Human Rights (ECHR) and EU law standards. It will fall in two main parts: firstly, key judgments of the European Court of Human Rights concerning Article 8 ECHR and Article 14 ECHR are examined with a view to deducing the ECtHR’s stance on family reunification rights of persons...... holding international protection. In the second part, focus will be on EU law and the question of whether, and if so to what extent, international protection beneficiaries can derive family reunification rights from primary and secondary Union law sources, in particular the EU Charter on Fundamental...

  1. 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.

  2. 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

  3. 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

  4. 76 FR 7695 - Iranian Human Rights Abuses Sanctions Regulations

    Science.gov (United States)

    2011-02-11

    ... Office of Foreign Assets Control 31 CFR Part 562 Iranian Human Rights Abuses Sanctions Regulations AGENCY.... The Department of the Treasury's Office of Foreign Assets Control is issuing the Iranian Human Rights... PROPERTY OF CERTAIN PERSONS WITH RESPECT TO SERIOUS HUMAN RIGHTS ABUSES BY THE GOVERNMENT OF IRAN AND...

  5. 75 FR 75615 - Helsinki Human Rights Day, 2010

    Science.gov (United States)

    2010-12-03

    ... Documents#0;#0; ] Proclamation 8608 of November 30, 2010 Helsinki Human Rights Day, 2010 By the President of... Act, a seminal document tying lasting security among states with respect for human rights and... comprehensive security across the European continent. This occasion also spurred courageous human rights...

  6. The Rhetorical Question of Human Rights--A Preface

    Science.gov (United States)

    Doxtader, Erik

    2010-01-01

    Does rhetoric have a place in the discourse of human rights? Without certain reply, as the dilemmas of defining, claiming, and promoting human rights appear both to include and exclude the rhetorical gesture, this question invites inquiry into the preface of the contemporary human rights regime, the moment of the aftermath that provokes a struggle…

  7. 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…

  8. 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 inves

  9. The Rhetorical Question of Human Rights--A Preface

    Science.gov (United States)

    Doxtader, Erik

    2010-01-01

    Does rhetoric have a place in the discourse of human rights? Without certain reply, as the dilemmas of defining, claiming, and promoting human rights appear both to include and exclude the rhetorical gesture, this question invites inquiry into the preface of the contemporary human rights regime, the moment of the aftermath that provokes a struggle…

  10. 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…

  11. 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…

  12. 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.…

  13. Global health rights: Employing human rights to develop and implement the Framework Convention on Global Health.

    Science.gov (United States)

    Gable, Lance; Meier, Benjamin Mason

    2013-06-14

    The Framework Convention on Global Health (FCGH) represents an important idea for addressing the expanding array of governance challenges in global health. Proponents of the FCGH suggest that it could further the right to health through its incorporation of rights into national laws and policies, using litigation and community empowerment to advance rights claims and prominently establish the right to health as central to global health governance. Building on efforts to expand development and influence of the right to health through the implementation of the FCGH, in this article we find that human rights correspondingly holds promise in justifying the FCGH. By employing human rights as a means to develop and implement the FCGH, the existing and evolving frameworks of human rights can complement efforts to reform global health governance, with the FCGH and human rights serving as mutually reinforcing bases of norms and accountability in global health.

  14. 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.

  15. 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.

  16. Patient safety in light of the human rights framework

    Directory of Open Access Journals (Sweden)

    ALBUQUERQUE, Aline

    2016-10-01

    Full Text Available This article aims to draw up a theoretical contribution to sustain the view that patient safety is interconnected with the obligation of States to preserve the lives of their citizens and that patient safety is an expression of the right to health, from the perspective of interna-tional human rights, comprising the human rights treaties and international jurisprudence emanating from human rights bodies located at the United Nations, the Inter-American Human Rights System and the European Human Rights System. With the aim of developing the patient safety based on the right to life and the right to health, we have adopted a biblio-graphical and a documentary research, highlighting the review and analysis of reports and decisions made by human rights organs. In conclusion, the right to safe healthcare, derived from the right to life and the right to health, should be subject to state regulations, that is, we argue that the state should establish a certain cast of general measures of patient safety, in order to explicit the right to safe healthcare, as one of the human rights of the patient. Indeed, the implementation of a patient safety culture is a State obligation; its disregard in defining it as a result of a legislative, public policy or budget lack, involves an international human rights violation.

  17. Toward a Human Rights Method for Measuring International Copyright Law’s Compliance with International Human Rights Law

    Directory of Open Access Journals (Sweden)

    Saleh Al-Sharieh

    2016-04-01

    Full Text Available States parties to international copyright instruments are required to give effect to their obligations under international copyright law and fulfil their international human rights obligations with respect to striking a balance between the human rights of the authors of intellectual works and human rights of the users of those same works. The High Commissioner of Human Rights has concluded that such balance ‘is one familiar to intellectual property law’. This conclusion assumes that international copyright law is already compliant with international human rights law. However, international copyright law instruments are not clear about how to reach an appropriate balance between these rights and, as a result, different stakeholders in the international copyright community seek and defend varied versions of balance which are not necessarily consistent. Concurrently, international human rights law bodies and scholars have examined the human rights of authors and users of intellectual works through a copyright law lens, missing a chance to articulate a clear human rights principle of balance. A proper human rights balance between authors’ and users’ human rights recognises the limited nature of both sets of human rights, rejects any hierarchy between them, and interprets them in conformity with the notion of the interdependence and indivisibility of human rights.

  18. The needs of refugee women: a human-rights perspective.

    Science.gov (United States)

    Beyani, C

    1995-06-01

    While the issue of giving women their human rights has been firmly placed on the agendas of international conferences, the plight of refugee women has gone largely unrecognized. Refugee women face rape, sexual abuse, sexual extortion, and physical insecurity. Such violations precipitate their flight, characterize their attempts to gain refugee status, and continue during their tenure in refugee camps, where they are excluded from positions of authority. Because the definition of refugees in the 1951 UN Convention Relating to the Status of Refugees omits sex as a grounds for determining refugee status or as a grounds on which it prohibits discrimination based on sex, the UN High Commissioner for Refugees decided in 1985 that such claims must fall under the classification of membership of a particular group. Unfortunately, agreement with this is discretionary for states. It has been argued that states which protect aliens from discrimination based on sex must afford the same privilege to refugees, but, again, such behavior is subject to debate. Concerns about the human rights of refugee women should be strengthened by being addressed in the existing framework of human rights conventions in international law, such as the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). One recent advance in this area was the establishment of the Yugoslav and Rwanda War Crimes Tribunals which will investigate the sexual abuse of women during the armed conflicts. The issue of violence against women in every situation must remain on CEDAW's agenda. In addition, the Fourth World Conference on Women provides a welcome opportunity to place these issues in the forefront of global efforts to protect women.

  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. 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…

  1. Sexual and reproductive rights and the human rights agenda: controversial and contested.

    Science.gov (United States)

    Nowicka, Wanda

    2011-11-01

    In this paper I share some of my experience and observations, as an advocate for women's rights, of the last 20 years of struggles for sexual and reproductive health and rights, carried out in many key places where these issues have been debated and decided. I do not aspire to be comprehensive about the current status of human rights related to sexuality and reproduction. Given that my expertise is of a practical (rather than theoretical) nature, the complexity of the topic and contradictory events with regard to it, which take place almost everyday, I will highlight some selected achievements and setbacks in this area, particularly regarding abortion rights. I will provide examples of how human rights related to sexual and reproductive health have been addressed in UN policy-setting bodies, such as the Commission on the Status of Women and Commission on Population and Development, as well as in the UN human rights system such as Treaty Monitoring Bodies and Human Rights Council. Given my work with European institutions, I provide examples of important decisions by the Council of Europe and the European Court of Human Rights. Lastly, I discuss growing opposition to a progressive human rights agenda and the universality of human rights. Despite significant successes, sexual and reproductive rights will long remain controversial and contested. Hence, it is crucial to try to find new ways to engage and new partners to work with. Copyright © 2011 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  2. Creative Tensions and the Legitimacy of Human Rights Education - A Discussion on Moral, Legal and Human Rights Education in China

    OpenAIRE

    Malin Oud

    2006-01-01

    This paper is a discussion of human rights education in China. Three major channels for dissemination of legal knowledge and shaping of values are examined - moral education, formal legal education and informal public legal education - against the background of the UN definition of human rights education and in relation to different approaches to human rights education discussed in the first section of the article.

  3. 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…

  4. The human rights responsibilities of multinational tobacco companies.

    Science.gov (United States)

    Crow, M E

    2005-08-01

    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.

  5. Access to pain treatment as a human right

    Directory of Open Access Journals (Sweden)

    Amon Joseph J

    2010-01-01

    Full Text Available Abstract Background Almost five decades ago, governments around the world adopted the 1961 Single Convention on Narcotic Drugs which, in addition to addressing the control of illicit narcotics, obligated countries to work towards universal access to the narcotic drugs necessary to alleviate pain and suffering. Yet, despite the existence of inexpensive and effective pain relief medicines, tens of millions of people around the world continue to suffer from moderate to severe pain each year without treatment. Discussion Significant barriers to effective pain treatment include: the failure of many governments to put in place functioning drug supply systems; the failure to enact policies on pain treatment and palliative care; poor training of healthcare workers; the existence of unnecessarily restrictive drug control regulations and practices; fear among healthcare workers of legal sanctions for legitimate medical practice; and the inflated cost of pain treatment. These barriers can be understood not only as a failure to provide essential medicines and relieve suffering but also as human rights abuses. Summary According to international human rights law, countries have to provide pain treatment medications as part of their core obligations under the right to health; failure to take reasonable steps to ensure that people who suffer pain have access to adequate pain treatment may result in the violation of the obligation to protect against cruel, inhuman and degrading treatment.

  6. 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.

  7. International Human Rights and the Mistreatment of Women During Childbirth.

    Science.gov (United States)

    Khosla, Rajat; Zampas, Christina; Vogel, Joshua P; Bohren, Meghan A; Roseman, Mindy; Erdman, Joanna N

    2016-12-01

    International human rights bodies have played a critical role in codifying, setting standards, and monitoring human rights violations in the context of sexual and reproductive health and rights. In recent years, these institutions have developed and applied human rights standards in the more particular context of maternal mortality and morbidity, and have increasingly recognized a critical human rights issue in the provision and experience of care during and after pregnancy, including during childbirth. However, the international human rights standards on mistreatment during facility-based childbirth remain, in an early stage of development, focused largely on a discrete subset of experiences, such as forced sterilization and lack of access to emergency obstetric care. As a consequence, the range of mistreatment that women may experience has not been adequately addressed or analyzed under international human rights law. Identifying human rights norms and standards related to the full range of documented mistreatment is thus a first step towards addressing violations of human rights during facility-based childbirth, ensuring respectful and humane treatment, and developing a program of work to improve the overall quality of maternal care. This article reviews international human rights standards related to the mistreatment of women during childbirth in facility settings under regional and international human rights law and lays out an agenda for further research and action.

  8. International Human Rights and the Mistreatment of Women During Childbirth

    Science.gov (United States)

    Zampas, Christina; Vogel, Joshua P.; Bohren, Meghan A.; Roseman, Mindy; Erdman, Joanna N.

    2016-01-01

    Abstract International human rights bodies have played a critical role in codifying, setting standards, and monitoring human rights violations in the context of sexual and reproductive health and rights. In recent years, these institutions have developed and applied human rights standards in the more particular context of maternal mortality and morbidity, and have increasingly recognized a critical human rights issue in the provision and experience of care during and after pregnancy, including during childbirth. However, the international human rights standards on mistreatment during facility-based childbirth remain, in an early stage of development, focused largely on a discrete subset of experiences, such as forced sterilization and lack of access to emergency obstetric care. As a consequence, the range of mistreatment that women may experience has not been adequately addressed or analyzed under international human rights law. Identifying human rights norms and standards related to the full range of documented mistreatment is thus a first step towards addressing violations of human rights during facility-based childbirth, ensuring respectful and humane treatment, and developing a program of work to improve the overall quality of maternal care. This article reviews international human rights standards related to the mistreatment of women during childbirth in facility settings under regional and international human rights law and lays out an agenda for further research and action. PMID:28559681

  9. 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.

  10. 77 FR 5241 - No FEAR Act Notice; Notice of Rights and Protections Available Under the Federal...

    Science.gov (United States)

    2012-02-02

    ... PROTECTION No FEAR Act Notice; Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws AGENCY: The Bureau of Consumer Financial Protection. ACTION: Notice. SUMMARY: The Bureau of Consumer Financial Protection (CFPB or the Bureau) is providing notice to...

  11. Special Campaign for Greater Protection of Intellectual Property Rights

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    @@ In order to achieve more substantial progress in China's IPR protection cause within a relatively short period of time, the State Council decided to launch a special IPR protection campaign across the country from September 2004 to August 2005.

  12. 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.

  13. 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

  14. 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.

  15. 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.

  16. The Rights and Responsibilities of Educators to Protect and Promote ...

    African Journals Online (AJOL)

    Computer Services

    of the transgressor and of children's rights in general has, however, ... Dignity plays a very important part in the South African Constitution. .... schools one can make use either of a traditional, retributive and restitutive .... exercise their rights. 41.

  17. Rights and care for the protection of nonhuman animal’s practical autonomy

    Directory of Open Access Journals (Sweden)

    Maria Alice da Silva

    2015-07-01

    Full Text Available The aim of this paper is to present Steven Wise’s concept of practical autonomy and how it is distinguished from the traditional and modern Kantian notion of autonomy. This is justified in order to emphasize the importance of this concept of autonomy for the recognition of legal rights to nonhuman animals, and the protection of its particular way of life through care practices and responsibility in the relations between human and nonhuman animals. By the aid of bibliographical research and theoretical analysis, we foremost present Wise’s main conceptual distinctions and, secondly, indicate the application of the concept of practical autonomy in the legal context, aiming to recognize rights for animals. Finally, we show how the concept of practical autonomy requires more than legal rights. It also implies moral obligations by individual agents and by the State to ensure appropriate conditions for autonomy and freedom of nonhuman animals.

  18. 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.

  19. China Attains Targets in National Human Rights Action Plan

    Institute of Scientific and Technical Information of China (English)

    Wang Chen

    2011-01-01

    In April 2009,after receiving approval from the State Council,the Information Office of the State Counc pub shed the National Human Rights Action Plan of China (2009-2010).It is China's first national plan on the theme of human rights,and serves as a policy document of the current stage for advancing China's human fights in a comprehensive way.It is an important move to implement the constitutional principle of respecting and safeguarding human rights,and to promote sustainable development and social harmony.It is also a solemn commitment to the world made by the Chinese government on human rights.

  20. 住宅权的宪法保障%Constitutional protection of right of residence

    Institute of Scientific and Technical Information of China (English)

    谢非非; 宋迪

    2015-01-01

    The right to adequate housing is a right produced and developed basing on the fundamental rights of human dignity, which indirect identified as supplying the legal basis for citizens to have the guarantee of the corresponding housing security. However, our Constitution did not ensure the right to adequate housing directly and completely. There are some historical limitations in it, if the right to adequate housing is standard from the view of the right of freedom. Therefore, from the angle of perfecting the Constitution, in order to protect citizens’ right to adequate housing, and to find out the meaning of the right to adequate housing’s social right, it has an important practical significance to ensure the right to adequate housing is guaranteed by Constitution directly.%住宅权是一项基于人性尊严而产生和发展出来的基本权利,我国宪法对住宅权的间接确认为公民获得相应的住宅保障提供了根本法的依据。然而我国宪法并未直接和完整地保障住宅权,只是从自由权的角度予以规范,有一定的历史局限性。因此,从完善宪法的角度,从宪法保护公民住宅权的目的出发,勾连出住宅权的社会权意义,对住宅权在我国获得宪法直接保护具有重要现实意义。