WorldWideScience

Sample records for human rights talk

  1. Fostering human rights through TalkBank.

    Science.gov (United States)

    MacWhinney, Brian; Fromm, Davida; Rose, Yvan; Bernstein Ratner, Nan

    2018-02-01

    In accord with articles 19 and 27 of the Universal Declaration of Human Rights, people with speech and language disorders have the right to receive maximal benefit from academic research on speech and language acquisition and disorders. To evaluate the diverse nature of speech and language disorders, this research must have access to large datasets, as well as to refined tools for the systematic analysis of these datasets. The TalkBank system addresses this need by providing researchers with thousands of hours of open-access database archives of digital audio, video and transcript files documenting typical and disordered language use in dozens of languages and cultures. In this paper, we review the TalkBank system, with an emphasis on the AphasiaBank, PhonBank and FluencyBank databases. We describe how specialised assessment tools can be used to study issues in speech and language acquisition and disorders recorded within these databases. We then provide illustrations of how assessments support the needs of researchers, clinicians, developers, and educators, whose combined work contributes solutions for people with speech, language and language learning disorders worldwide.

  2. Sakharov Prize Talk: Creativity of Physicists in the Struggle for Human Rights

    Science.gov (United States)

    Altshuler, Boris

    2014-03-01

    USSR was a totalitarian State with an almighty secret service - KGB. To save the repressed victim of regime, let it be dissident or scientists - Jewish refuzenik, was seemingly an absolutely impossible task. ``For success of our hopeless adventure!'', - as Andrei Sakharov used to say. There were no natural checks and balances in the Former USSR and there none in modern Russia - that is why the task to save the child in Russia is not less `hopeless' today. But the key word in Sakharov's motto is `success' - and we managed to reach it earlier in cooperation with the world scientific community, and we manage to reach it now in our work of protecting of rights of children. The Know How is creativity. To achieve something absolutely impossible needs unexpected `crazy' ideas (`it's not crazy enough to be true', - Niels Bohr). The same in science, in physics in particular, the Step to Unknown always demands `crazy' creative ideas. The Talk traces the parallels between creativity in physics and in human rights struggle. I acknowledge the support from the Committee of Concerned Scientists.

  3. Andrei Sakharov Prize Talk: Human Rights and International Science -- a Symbiotic Relationship

    Science.gov (United States)

    Winick, Herman

    2010-02-01

    International collaborations, with which scientists have long been involved, have made them staunch defenders of human rights around the world. Collaborations involving a pair, or a small group, of scientists from different countries have been common for more than 100 years. Starting more than 50 years ago, CERN has become the quintessential example of the benefits of large scale international cooperation. Now many national laboratories and projects have major participation by foreign scientists. As a result, scientists around the world quickly become aware when their colleagues are persecuted for opinions and activities that are commonly accepted in most countries. Their prompt and sustained protests to the offending governments have often resulted in the release of imprisoned colleagues. They have helped dissidents leave the danger in their home countries and provided employment opportunities to sustain them in other countries, and allow them to continue to function as scientists. In 2001 I became aware that an Iranian colleague, with whom I had worked on the SESAME Project (www.sesame.org.jo), was imprisoned for opinions critical of his government. I had long been involved with efforts to help scientists and other dissidents being persecuted in countries such as China and the Soviet Union. However this was the first time that someone with whom I had a working relationship, and who I respected and admired, was severely persecuted (solitary confinement, torture) for opinions which I shared. In this talk I will review what I have learned from this case and other experience about coming to the aid of dissidents. In particular I will describe the activities of Scholars at Risk (http://scholarsatrisk.nyu.edu/) and the Scholars Rescue Fund (http://www.scholarrescuefund.org/pages/intro.php). Their offer of 20K to any institution which will provide matching funds to support an endangered dissident has saved careers and lives. )

  4. Education Service Contracting in the Philippines: Human Rights as Trumps, Goals, or Policy Talk?

    Science.gov (United States)

    Baum, Donald R.

    2012-01-01

    In recent years, the goals and purposes of education within the international development discourse have shifted significantly away from education for productivity or human capital development and towards education for the fulfillment of the individual through human rights. The current global education climate provides governments with an…

  5. Talking culture, crying health, hoping for nothing: surviving the many flyers above the human rights global cuckoo's nests.

    Science.gov (United States)

    Vrzina, Sanja M Spoljar

    2011-12-01

    Today's talk about any health issue is part of a wider web of neoliberal destructive processes of which all fall into the category of discriminating populations and their cultures, downgrading their right to life and violating their human dignity. Poor health, poverty stricken health systems and screaming epidemiological factors make just one more triangle of the successive visible consequences of destruction that equals to the violation of human dignity, to begin with. Yet no correction is possible since every problem is tied to the double standard perceivement of Human Rights. The author is engaged in presenting a need of a deeper auto-reflexive work-through of our human approachments and biological realities. This urgent stance is based on the new, set by Kalny (2009) and Baxi (2006), orientation towards a critical reading of the Human Rights and the advocacy toward differentiating between the politics for human rights and politics of human rights (the later being the politics of rights instrumentalization). Health and its un-sustainability is one of the most dramatic areas in which this differentiation of ones approaches is dramatically felt and needed. The end conclusions are envisioned to support the already existing field of a number of dedicated critical medical anthropologists, as well as authors across all fields, in their demand for, nothing more or less than, the dignity for the populations that they/we daily represent.

  6. Speaking of Freedom: U.S. Multicultural Literature and Human Rights Talk In an Emerging Democracy

    Directory of Open Access Journals (Sweden)

    Amy Levin

    2015-02-01

    In February 2013, I served as the first US Fulbright scholar in a Myanmar public university in almost thirty years. Our discipline was chosen for this venture because, according to the project overview, “American literature is not a sensitive subject with the Ministry of Education and thus a good idea.” Knowing it to be risky, I introduced Masters students and their faculty to recent US literature, focusing primarily on works by women and minorities beginning with the Civil Rights movement. My texts were selected from those I teach in my course on US women writers at home, but in Myanmar, they were discussed with predominantly female groups representing the many religious and ethnic groups within Myanmar.  On other occasions, I met with women from NGOs or participated in programs on Women’s Studies and issues such as human trafficking. The experience yielded multiple opportunities to reflect and theorize about the nature of global rights and reciprocity; I was able to compare how women in Myanmar and the US responded to concerns relevant to marginalized populations, even as I confronted issues arising from post-colonialism and male privilege daily.  Yet the most intriguing parts of the experience were the silences, evasions, and hesitations which constantly interrupted conversations about the opportunities for improving civil rights in the shift toward democracy.  Slowly, we were able to use literature to draw implicit parallels and open conversations about “sensitive topics” so that in the end, the experience was transformative for all of us. Adapting a line from a Naomi Shihab Nye poem, one of my students wrote, “Until you speak Myanmar, you will not understand freedom.” And she was right. My presentation will analyze how US multicultural women’s literature provided scaffolding for more extensive conversations about women and human rights, drawing on literary theory and student narratives as appropriate.

  7. 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

  8. 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…

  9. Human Rights or Environmental Rights?:A Reassessment

    OpenAIRE

    Boyle, Alan

    2008-01-01

    Should we continue to think about human rights and the environment within the existing framework of human rights law in which the protection of humans is the central focus - essentially a greening of the rights to life, private life and property - or has the time come to talk directly about environmental rights - in other words to have the environment itslef protected? Should we transcend the anthropocentric in favour of the ecocentric?

  10. 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.

  11. 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…

  12. International Human Rights Kit.

    Science.gov (United States)

    Woito, Robert, Ed.

    Designed for students, educators, and citizens interested in human rights, the booklet presents resources for learning about the facts, perspectives, and existing procedures and institutions to promote human rights. Chapter one explores the relationship between human rights and war. Chapter two presents a self-survey to help readers clarify…

  13. 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

  14. 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)

  15. A Human Rights Glossary.

    Science.gov (United States)

    Flowers, Nancy

    1998-01-01

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

  16. 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.

  17. Businesses’ human rights responsibilities

    Directory of Open Access Journals (Sweden)

    Corinne Lewis

    2012-12-01

    Full Text Available There is no international human rights law standard that expresslyprohibits businesses’ arbitrary displacement of persons. Businessesdo, however, have the responsibility to avoid infringements of humanrights that could lead to displacement and also to take actions toremedy their human rights violations that might lead to displacement.

  18. What is the right way to talk about extreme events?

    Science.gov (United States)

    Sobel, A. H.

    2013-12-01

    Extreme weather events draw the attention of the public. By demonstrating the vulnerability of human society to climate, extreme events can cause nonscientists -government leaders as well as the broader population - to take the danger posed by anthropogenic global warming more seriously than they otherwise might. An extreme event that draws media attention can become a 'teachable moment'. But extreme events are difficult to talk about in a way that honors both the strengths and weaknesses of the underlying science. No single event can be attributed to climate change, and some types of events are not even clearly influenced by it (or not in any ways our science can yet demonstrate). Strong, media-friendly statements that closely connect specific events to climate - designed to make best use of the moment's teachability - can easily overstate the case. This will raise the hackles of one's colleagues, at a minimum, and at worst, may damage the credibility of the field more broadly. Yet talking too much about the uncertainties runs the risk of understating the basic truth that global warming is real and dangerous, and may lend inadvertent support to anti-scientific denialism. I will discuss this tension in the context of my own experiences in the media after 'Superstorm' Sandy. I will address arguments I have heard, from social scientists and media consultants, to the effect that climate scientists should adopt communications strategies that lead to stronger, more media-friendly statements, and learn to suppress the tendency, bred into us during our scientific training, to emphasize the uncertainties.

  19. 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. Copyright 2010 Elsevier Ltd. All rights reserved.

  20. Deuteronomy and Human Rights

    Directory of Open Access Journals (Sweden)

    G. Braulik

    1998-08-01

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

  1. Extraterritorial Human Rights Obligations

    DEFF Research Database (Denmark)

    Amsinck Boie, Hans Nikolaj; Torp, Kristian

    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...... and international level, and in an attempt to bring something new to the table, the book examines both if states have extraterritorial obligations in regard to their corporations and what can be required of states under such an obligation. The complex issue of states and corporate respect for human rights cannot...... 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...

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

  3. Human Rights in Prisons

    DEFF Research Database (Denmark)

    Jefferson, Andrew M.; Gaborit, Liv Stoltze

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

  4. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... 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...... of governance offers prospects for public institutions as a means towards regulating global sustainability concerns....

  5. 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…

  6. Inconvenient Human Rights

    Science.gov (United States)

    Ryan, Natasha

    2017-01-01

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

  7. Philanthropy and Human Rights

    DEFF Research Database (Denmark)

    Larsen, Øjvind

    2013-01-01

    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......, 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...... sense, a charitable act with the aim to promote human happiness independent of gender, class, race, etc. This is the genealogy of the modern understanding of philanthropy, which will be developed in this paper....

  8. Communication rights: Fundamental human rights for all.

    Science.gov (United States)

    McLeod, Sharynne

    2018-02-01

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

  9. 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...

  10. AIDS and human rights.

    Science.gov (United States)

    Tarantola, D; Mann, J

    1995-01-01

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

  11. Human Rights: The Essential Reference.

    Science.gov (United States)

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

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

  12. 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....

  13. International terrorism and human rights

    OpenAIRE

    Gurská, Zuzana

    2010-01-01

    Summary: International Terrorism and Human Rights Key words: international terrorism, antiterrorist measures, human rights First part of the thesis is centered on characteristics of international terrorism, concept of human rights and three aspects of their mutual relationship: the immediate impact of terrorist attacks on human rights of their direct victims and the society as a whole and aspects linked to the states' response consisting of human rights breaches of suspects during repressive ...

  14. Anti-humanism of the human rights ideology

    Directory of Open Access Journals (Sweden)

    Ćirić Jovan

    2000-01-01

    Full Text Available How can we say that the ideology of human rights is not human? Yes, we can say that, because the human rights of one person usually stay in confrontation with the human rights of some other person. There is no social conflict and the law deals with social conflicts, which could be arranged by respecting the human rights of both sides. SomeoneÆs human right always has to be refused in some way. The author talks about that in this article. He talks about criminal law for example and that the human rights of an accused and convicted offender stay in confrontation with the human rights of a victim. If we respect the human rights of the accused and the convicted person it does mean that we do not respect enough the human rights of the victim. Because of that, the human rights are not a good concept to build-up the law system. Something that is more objective then 'my' or 'his', (individual understanding of what is the human right, what is the justice has to exist. TodayÆs concept of human rights is based on reducing the state regulation, but it does mean that there is no criteria which is above our individual points of view. In that situation of total individualism no oneÆs human right could be respected well. That is the second name for the anarchy, where we can not speak about the law and the human rights. On the other side, the problem of human rights is very much connected with the problem of understanding what is normal, what is moral, what is justice and the answer to those questions is very different in different societies and different cultures. If we are trying to build one global law system, in fact we are reducing the human right of people from different civilizations to have their own different answer on what is moral. That is also one very interesting paradox of the ideology of human rights which we can express in a very strange sentence: 'there is no human rights for those who are against human rights!',

  15. Human Rights and Public Education

    Science.gov (United States)

    Bowring, Bill

    2012-01-01

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

  16. 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…

  17. 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…

  18. A Hierarchy of Human Rights.

    Science.gov (United States)

    Brockett, Charles

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

  19. Breastmilk is a human right.

    Science.gov (United States)

    Ball, Olivia

    2010-11-01

    All babies have a human right to breastmilk, based on the right to life, to adequate nutrition and to the highest attainable standard of health, and based on women's rights, which include the right to breastfeed, to breastfeeding education and to paid maternity leave. This article examines international human rights law as it applies to breastfeeding, with particular reference to the Australian context. It also lays out the rights obligations of organisations such as the Australian Breastfeeding Association, their relations with government and the merits of such organisations adopting a rights-based approach to advocacy.

  20. 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......What does it mean to be a subject of human rights? The status of the subject is closely connected with the form and rhetoric of the framing discourse, and this book investigates the relationship between the status of the subject and the form of human rights discourse, in differing aesthetic...... interventions, and so made it difficult to differentiate between the objects of humanitarian intervention and the subjects of politics. Critically re-examining this opposition – between victims and agents of human rights – through a focus on the ways in which discourses of rights are formed and circulated...

  1. 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

  2. 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.

  3. Kingdom, covenant, and human rights

    Directory of Open Access Journals (Sweden)

    Koos Vorster

    2017-07-01

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

  4. Kingdom, covenant, and human rights

    Directory of Open Access Journals (Sweden)

    Koos Vorster

    2017-02-01

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

  5. A Night For Human Rights

    Directory of Open Access Journals (Sweden)

    Julia Lourie

    2016-02-01

    Full Text Available A review of "A Night For Human Rights", a contemporary art auction curated by Marc Mayer and Julia Lourie to call attention to urgent human rights violations including America's mass incarceration epidemic and the current Syrian refugee crisis.

  6. [Human rights and informed consent].

    Science.gov (United States)

    Navarro-Reynoso, Francisco P; Argüelles-Mier, Miguel; Cicero-Sabido, Raúl

    2004-01-01

    The right to information is a right that all human beings have; it is unrenounceable and confers to the human being the Rights to the Political Constitution of the United States of Mexico, the Universal Declaration of Human Rights, the Declaration of Geneva, and the Code of Behavior for Health Personnel. Information given to a sick person should suffice so that he/she can make a decision on management and treatment. Information is related directly with medical ethics and is obligatory not only for health workers but for all professionals in general.

  7. Human Rights, Mineral Rights and Corporate Social

    African Journals Online (AJOL)

    mcbee

    torture or cruel inhuman or degrading treatment or punishment; the right to seek in other countries asy- lum from ... as the right to life, freedom from torture or cruel or inhuman or degrading treatment, freedom from slav- .... the exclusive economic zone and the territorial sea or continental shelf are the property of Ghana and.

  8. Scientific Freedom and Human Rights

    Science.gov (United States)

    Munoz, Elisa

    2000-03-01

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

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

    African Journals Online (AJOL)

    The Paper outlines the various human rights and mineral rights in Ghana and the effects of mining on human rights. It establishes that although the Constitution of Ghana guarantees social, economic, cultural and other human rights, mining operations continue to affect human rights as if these laws did not exist. The Paper ...

  10. Human Rights as International Constitutional Rights

    National Research Council Canada - National Science Library

    Gardbaum, Stephen

    2008-01-01

    ... about the validity of the implied comparison with domestic bills of rights. In this article, I treat the anniversary as an occasion to take stock by exploring these questions and making the comparison express...

  11. Universal Declaration of Human Rights

    OpenAIRE

    2013-01-01

    PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom justice and peace in the world. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common p...

  12. 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.

  13. 75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

    Science.gov (United States)

    2010-12-14

    ... United Nations General Assembly adopted the Universal Declaration of Human Rights. More than 60 years.... Today, we continue the fight to make universal human rights a reality for every person, regardless of... universal human rights. Our Bill of Rights protects these fundamental values at home, and guides our actions...

  14. Human Rights Being and Existence

    Directory of Open Access Journals (Sweden)

    Xabier Etexeberria

    2013-05-01

    Full Text Available The ontological perspective in the approach to human rights is subject to different traps,against which measures must be taken. But it also faces us to the challenge of precisely specifying what they are and how are they to be based. In this paper we try to face this challenge, paying attention to avoid the traps above mentioned. The first part of it is focused on being-existence of human rights,trying to specify critically their «places»: social reality, laws and, in a founding sense, human dignity.The second part takes the category being-essence as reference, asking about the kind of being of humanrights in their different types. This «kind» will show itself densely mediated by cultural diversity andtemporality-historicity. What is really pretended with this reflection is to contribute to the cause of thesocial existence of human rights.

  15. Gender equality and human rights.

    Science.gov (United States)

    1998-01-01

    This editorial introduces an issue of INSTRAW News that commemorates the 50th anniversary of the UN's Universal Declaration of Human Rights. This introduction notes that the lead article in the journal expresses optimism about potential progress towards achieving gender equity and human rights because 1) industrialized countries are undergoing a "powershift" to an information society that will offer more and better jobs for women and give women greater access to the power of information, 2) women's earnings have increased worldwide, 3) more and more women are organizing on their own behalf, and 4) a public discourse is being created that promotes the mainstreaming of women's rights and their equality. In addition, several of the UN's international treaties promote gender equality and women's human rights. Foremost among these are 1) the Convention on the Elimination of All Forms of Discrimination Against Women; 2) the Vienna Declaration and Programme of Action, adopted by the 1993 World Conference on Human Rights; 3) the Declaration on the Elimination of Violence Against Women; and 4) the Platform for Action of the Fourth World Conference on women. Counteracting these positive steps is a trend towards defining identity and rights on the basis of community membership only, which ignores the fact that cultures, traditions, and religions are not gender neutral. Given the challenges ahead, the partnership model of society created by women when they have political power is more likely to result in sustainable solutions than the dominator model that men have forwarded for the past 6000 years.

  16. Human rights concepts in EU Human Rights Dialogues

    NARCIS (Netherlands)

    Timmer, A.S.H.|info:eu-repo/dai/nl/351098852; 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

  17. "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

  18. 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.

  19. Global Law: Humanism and Human Rights

    Directory of Open Access Journals (Sweden)

    Leilane Serratine Grubba

    2016-06-01

    Full Text Available This article discusses the ideal of human rights before globalizatórios inflows. It begins with a general statement about the legal globalization, comparing it with the Global Law in the political and economic implications. Later, it approaches the ideal predicted with transnationalism. Proposes a reflection on the present Human Rights. Also, rethinks the lines of the complex web of Global Law, its institutions and its actors, which circulate between the public and private plans. There is no sense in space maintenance of the ideal of human rights only in the state or territory in international treaties originally linked to the states.

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

    African Journals Online (AJOL)

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

  1. Linguistic Human Rights and Mobility

    Science.gov (United States)

    Wee, Lionel

    2007-01-01

    The Linguistic Human Rights (LHRs) paradigm is motivated by the desire to combat linguistic discrimination, where speakers of discriminated languages find themselves unable to use their preferred language in society at large. However, in an increasingly globalised world where speakers may feel the need or the desire to travel across state…

  2. Poverty, disability and human rights

    Directory of Open Access Journals (Sweden)

    Beatriz Martínez Ríos

    2013-07-01

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

  3. Human dignity, bioethics, and human rights.

    Science.gov (United States)

    Häyry, Matti; Takala, Tuija

    2005-09-01

    The authors analyse and assess the Universal Draft Declaration on Bioethics and Human Rights published by UNESCO. They argue that the Draft has two main weaknesses. It unnecessarily confines the scope of bioethics to life sciences and their practical applications. And it fails to spell out the intended role of human dignity in international ethical regulation.

  4. 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…

  5. 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

  6. Human Rights, Human Needs, Human Development, Human Security

    OpenAIRE

    Gasper, D.R.

    2007-01-01

    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...

  7. Right-handed fossil humans.

    Science.gov (United States)

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

    2017-11-01

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

  8. Human Development Report 2000: Human Rights and Human Development

    OpenAIRE

    United Nations Development Programme, UNDP

    2000-01-01

    The Human Development Report 2000 looks at human rights as an intrinsic part of development—and at development as a means to realizing human rights. It shows how human rights bring principles of accountability and social justice to the process of human development.

  9. Reservations to human rights treaties

    OpenAIRE

    McCall-Smith, Kasey Lowe

    2012-01-01

    This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reserv...

  10. Foundations of collective cultural rights in international human rights law

    NARCIS (Netherlands)

    Donders, Y.

    2015-01-01

    Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how these

  11. An African Perspective on Human Rights.

    Science.gov (United States)

    Shiman, David

    1992-01-01

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

  12. From rhetoric to reality? Putting HIV and AIDS rights talk into practice in a South African rural community.

    Science.gov (United States)

    Campbell, Catherine; Nair, Yugi

    2014-01-01

    Whilst international rhetoric on HIV and AIDS frequently invokes discourses of human rights to inspire and guide action, translating universal rights talk into practice in specific settings remains a challenge. Community mobilisation is often strategy of choice. We present a case study of the Entabeni Project in South Africa--in which a foreign-funded NGO sought to work with female health volunteers in a deep rural community to increase their access to two HIV-relevant rights: women's rights (especially gender equality) and rights to health (especially access to HIV- and AIDS-related services). Whilst the project had short-term health-related successes, it was less successful in implementing a gender empowerment agenda. The concept of women's rights had no purchase with women who had little interest in directly challenging male power, foregrounding the fight against poverty as their main preoccupation. The area's traditional chief and gatekeeper insisted the project should remain 'apolitical'. Project funders prioritised 'numbers reached' over a gender empowerment orientation. In the absence of (1) a marginalised group who are willing to assert their rights; and (2) a context where powerful people are willing to support these claims, 'rights' may be a blunt tool for HIV-related work with women in deeply oppressive and remote rural communities beyond the reach of international treaties and urban-based activist movements.

  13. 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.

  14. Using international human rights law to promote constitutional rights ...

    African Journals Online (AJOL)

    Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate impact on the enjoyment, protection andpromotion of rights. In South Africa, the Constitution requires ...

  15. 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…

  16. Political sociology of human rights

    Directory of Open Access Journals (Sweden)

    Mahdi Kazemi

    2014-11-01

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

  17. Teaching Strategy: Using the Human Rights Poster.

    Science.gov (United States)

    Update on Law-Related Education, 1998

    1998-01-01

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

  18. Defensive Enforcement: Human Rights in Indonesia

    NARCIS (Netherlands)

    Hadiprayitno, I.

    2010-01-01

    The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has

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

    Science.gov (United States)

    Gordon, Mordechai

    2018-01-01

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

  20. Human Rights and Environmental Ethics

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Basir

    2010-03-01

    Full Text Available Happiness of human beings in his/her worldly life and even the hereafter has direct contact with the environment’s health. Healthy environment is central to the worldly and spiritual human prosperity. Today, the unbridled destruction of the environment (water, air, space is threatening the universal human rights. The ethics protecting environment has universal foundations and principles which are shared by religions as well as legal and philosophical scholars. This article tries to deal with the relationship between human rights and environmental ethics. The main question this research is going to answer is whether human rights can be realized through the promotion of environmental ethics. The main premise of this paper is that through the development of environmental ethics, universal human rights can be better achieved. The research method of this paper is descriptive – analytical by using library tools. ze: 11.0pt;letter-spacing:-.2pt'> Within the law and justice system in practice in the Islamic Republic of Iran, fee splitting in considered unacceptable and illegal and fee splitters may be pursued by law. The same is true in different societies and most medical councils and accepted ethical codes and guidelines. It is clearly stated in the fifth paragraph of the medical affidavit vowed by all Iranian medical students and doctors that fee splitting is considered amoral and even illegal and that healthcare and medical practices are not to be used as a means of gathering wealth for oneself. All Islamic religious leaders have also questioned the lawfulness of money and wealth earned by fee splitting. The act of fee splitting is also recognized as unethical and unlawful in the guidelines and codes affected by universal medicine societies. کمال انسان در حیات دنیوی و حتی اخروی ارتباط مستقیم با داشتن محیط زیست سالم است. محیط زیست سالم زمینه‌ساز سعادت

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

  5. Children's Rights Are Human Rights. Spotlight: Cosmic Education.

    Science.gov (United States)

    Ohlhaver, Dorothy

    2002-01-01

    Discusses the state of children's rights in the United States in the wake of U.S. Senate refusal to ratify the U.N. Convention on the Rights of the Child. Examines the discrepancy between the U.S. leadership role in human rights and child advocacy and the legal system's treatment of children strictly according to law. (JPB)

  6. 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…

  7. MAKING LEGAL SENSE OF HUMAN RIGHTS: Introduction

    African Journals Online (AJOL)

    eliasn

    performance in relation to the promotion, protection, and fulfilment of human rights. In section three, we delve ..... Note also Jack Donnelly, “The Universal Declaration Model of Human Rights: A. Liberal Defense”(Human ... normative standards on human rights while also working with specialized UN bodies (e.g. the United ...

  8. Maternal health and human rights

    African Journals Online (AJOL)

    bearers accountable for fulfilling their obligations to respect, protect and guarantee rights; and progressive realisation of the right to health. Causality analysis. The root causes of high maternal mortality in Malawi are gender discrimination ...

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

    African Journals Online (AJOL)

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

  10. The human rights approach to climate change

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2013-01-01

    are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First......, there is the distinction between human rights as protection against climate change versus the right to emit greenhouse gases. Both understandings are found in the debate on climate justice, but they are often not made explicit. Second, the “human rights as protection” approach with a focus on (a) right holders, both......It is often argued that concerns about the equity of a global climate agreement might appropriately be addressed in the language of human rights. The human rights approach has been promoted by a number of international political actors, including the UN Human Rights Council. As such, human rights...

  11. 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.

  12. Human Rights in Indonesian Constitutional Amendments

    OpenAIRE

    Kharlie, Ahmad Tholabi

    2013-01-01

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

  13. Human rights education for nursing students.

    Science.gov (United States)

    Chamberlain, M

    2001-05-01

    This article is based largely on a research study undertaken by the author into the teaching of human rights in nursing courses in the UK on behalf of the national section of the human rights organization Amnesty International. It attempts to provide a baseline estimate of human rights education in nursing curricula in the UK while making suggestions on how the teaching of human rights issues could be more clearly incorporated into nursing curricula, ending with some recommendations for further research.

  14. 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 administ...... 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....

  15. 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....

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

    African Journals Online (AJOL)

    Dejo Olowu looks at religion and its socio-legal implications. He observes that there has been a noticeable growth in the number of writers exploring possible linkages between Islamic legal theory and an international human rights ethos. The article focuses on dimensions of Islamic legal theory pertaining to the rights of ...

  17. 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,…

  18. 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.)

  19. Property, Human Rights and Land Surveyors

    NARCIS (Netherlands)

    van der Molen, P.

    2015-01-01

    Land surveyors in their capacity as land professional pursue their profession within the context of human rights law and are thus challenged to entrench human rights and human right approaches in their daily professional duties. The aim of this paper is to review the issue of property within

  20. 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

  1. Oriental Culture and Human Rights Development

    African Journals Online (AJOL)

    Leon Wessels

    rights, in dignity and the worth of the human person, in the equal rights of men and women of nations large and small …8. This is trite. I am not aware of any state trying to qualify or entering a reservation when joining the United Nations system. 1.2.2 UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR). The Human ...

  2. Examining Human Rights in a Global Context.

    Science.gov (United States)

    Francis, Greg; Inoue, Keiko; Orrick, Stefanie

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

  3. Health, human rights and Australia's foreign policies.

    Science.gov (United States)

    Reid, Elizabeth A

    2004-02-16

    International human rights law affirms that everyone has a right to the enjoyment of the highest attainable standard of physical and mental health. States that are parties to human rights treaties are obliged under international law to observe these rights. Australia has ratified all international human rights law instruments in which the right to health is enshrined, and so is obliged to ensure that its foreign policy, including its development assistance program, contributes towards the progressive realisation of the right to health. International trade regulation should be consonant with the progressive realisation of the right to health globally.

  4. Food Prints on Human Rights Law Paradigms

    NARCIS (Netherlands)

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

    2014-01-01

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

  5. 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.

  6. 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.

  7. Dangerous rights: of citizens and humans

    OpenAIRE

    Nash, Kate

    2006-01-01

    In this chapter I will explore the discrepancy between Arendt’s and Agamben’s pessimism concerning human rights, and the determined optimism of ‘well-meaning idealists’. I will explore the cosmopolitan project to abolish the distinction between citizens and non-citizens through human rights from a sociological perspective. As sociologists we are well-equipped to study how the legalisation of human rights works in practice. In the following section I consider how the legalisation of human righ...

  8. Disability, human rights and justice

    OpenAIRE

    Diniz, Debora; Barbosa, Lívia; Santos, Wederson Rufino dos

    2009-01-01

    ABSTRACT This paper aims to demonstrate how the feld of disability studies consolidated the concept of disability as social oppression. By reviewing the main ideas of the social model of disability, this article presents the genesis of the concept of disability as a restriction of participation for disabled people, as adopted by the United Nations Convention on the Rights of Persons with Disabilities, which Brazil ratifed in 2008.

  9. 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.

  10. 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...

  11. 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…

  12. The curious absence of human rights:

    African Journals Online (AJOL)

    LAW

    binding Universal Declaration of Human Rights,152 which also protects the right to health.153. The soft-law approach argues that even if the human rights norms are not binding, they nevertheless provide useful benchmarks for examination. They provide a credible foundation for critical consideration of the interests of users ...

  13. Teaching about Human Rights and American Indians.

    Science.gov (United States)

    Harvey, Karen D.

    1996-01-01

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

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

    African Journals Online (AJOL)

    Hennie

    South African Journal of Education, Volume 35, Number 2, May 2015. 1. Art. # 1044, 12 pages, doi: 10.15700/saje.v35n2a1044. Human rights literacy: Moving ... Our theoretical framework examines the continual process of moving towards an open and democratic society through the ... from a theoretical perspective.

  17. 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...

  18. 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

  19. Human Dignity, Three Human Rights, and Pedagogy.

    Science.gov (United States)

    Vandenberg, Donald

    1986-01-01

    A general theory of value is outlined to show that moral agency is necessary to human dignity and that liberty, equality, and fraternity are necessary to moral agency. These ideals can be implemented in schools and human dignity can be at the core of the professional ethics of teaching. (MT)

  20. 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 ...

  1. 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....

  2. Disclosures on managing human rights risks

    OpenAIRE

    ACCA Australia and New Zealand; Net Balance Foundation; CAER

    2011-01-01

    This report examines the human rights governance, risk management and reporting quality of companies in the ASX 100. The report focuses predominantly on the 47 companies in the ASX 100 identified by CAER as having high-risk exposure to human rights issues, on the basis they are operating in countries with human rights concerns. The report also addresses, in brief, the approach of the remaining 53 ASX 100 companies not operating in countries of concern but with potential exposure to other huma...

  3. The human rights and the terrorism

    Directory of Open Access Journals (Sweden)

    Hamidreza Rafiei Fanood

    2016-12-01

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

  4. Human Rights in Sino-American Relations

    National Research Council Canada - National Science Library

    Day, Jana

    2002-01-01

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

  5. Governance of Human Rights in Albania

    Directory of Open Access Journals (Sweden)

    Kasem CENAJ

    2014-03-01

    Full Text Available Restriction or control of democratic process itself for the executive power constitutes the essence of good governance and fair. As related to the quality of governance, are also issues of guarantees, respect and protection of fundamental freedoms and human rights. Significant role, in the process of governance, has the right to information, the right to dialogue, participation, those actions related to public activity. European Convention of Human Rights is the basic principles of all member states of the Council of Europe, to show and measured democracies values, peace and justice. All member countries, including Albania have included in the normative provisions, laws on human rights, based on the principles and decisions of the European Convention on Human Rights, which was developed in the 4 November 1950. The purpose of the article is to give an overview of governance of human rights in Albania. For the realization of the article are exploiting academic publications and official reports of important organizations and institutions. The article made analyze of important international Convents of Human Rights and the legal framework of human rights in Albania, to evaluate the governance of human rights.

  6. 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 ...

  7. Are pharmaceutical patents protected by human rights?

    Science.gov (United States)

    Millum, J

    2008-11-01

    The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights to resolve this issue and argues that it fails. This is problematic because it means defenders of the present patent regime can continue using human rights documents to support their position. I offer a new framework for resolving the problem by examining the values that underlie human rights.

  8. 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.

  9. Talking about Books Right from the Start: Literature Study in First, Second, and Third Grade.

    Science.gov (United States)

    Dyer, Joyce; Conley, Tina; Lovedahl, Angie

    2000-01-01

    Describes how the authors establish the groundwork and the practice of literature circles in their primary classrooms. Describes how they redefine reading to allow all students to think of themselves as readers from the start. Describes the crucial role of talking and listening. Describes what shape literature circles take. Notes that this kind of…

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

    Science.gov (United States)

    Zúñiga-Fajuri, Alejandra

    2014-03-01

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

  11. Can human rights law bend mass surveillance?

    Directory of Open Access Journals (Sweden)

    Rikke Frank Joergensen

    2014-02-01

    Full Text Available There is an increasing gap between the right to privacy and contemporary surveillance schemes. As a concrete example, the US surveillance operation PRISM and its impact on European citizens’ right to privacy is discussed. This paper provides a brief introduction to PRISM, continues with an outline of the right to privacy as stipulated in the International Covenant on Civil and Political Rights (ICCPR, the European Convention on Human Rights and the EU Directive on Data Protection, and moves on to discuss whether international human rights law may be used to bend mass surveillance.

  12. (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.

  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. 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

    ..., the United Nations General Assembly approved the Universal Declaration of Human Rights, declaring the... 3 The President 1 2010-01-01 2010-01-01 false Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009 8464 Proclamation 8464 Presidential Documents...

  15. 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…

  16. 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

  17. 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,…

  18. 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

  19. 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

  20. Advancing civil human rights culture in Tanzania

    NARCIS (Netherlands)

    Fumbo, C.; Sterkens, C.J.A.

    2017-01-01

    This contribution investigates the traditional difficulties faced in advancing human rights culture in Tanzania. It describes the sorts of problems, causes and deeper reasons that hinder the advancement and application of human rights in Tanzania. What is the nature of these problems? And what are

  1. Globalization: economic development and human rights crossroad ...

    African Journals Online (AJOL)

    This paper addresses the problem of corporate human rights violations in Africa. The factors that promote corporate impunity for human rights violations as identified by current scholarship are the mismatch between the current corporate structure and the rules of corporate law, the insensitivity of African governments and the ...

  2. 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...... 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....

  3. 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...

  4. Public health nursing, ethics and human rights.

    Science.gov (United States)

    Ivanov, Luba L; Oden, Tami L

    2013-05-01

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

  5. 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.

  6. 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.

  7. 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

  8. 76 FR 77363 - Human Rights Day and Human Rights Week, 2011

    Science.gov (United States)

    2011-12-13

    ... adoption of the Universal Declaration of Human Rights on December 10, 1948, the United Nations General... support of human dignity and adopted the Universal Declaration of Human Rights, our futures have grown... individuals. On this anniversary, we recognize human rights as universal, and we stand with all those who...

  9. Palliative care as an international human right.

    Science.gov (United States)

    Brennan, Frank

    2007-05-01

    There are major disparities in the provision of palliative care around the world. In recent years, a statement of advocacy and objective has been repeatedly articulated that the provision of palliative care is a human right. This article examines the foundation for this assertion in the context of international human rights law. The strengths and weaknesses of this assertion are examined. The nature of both the right and, correlatively, the obligation on individual governments is discussed.

  10. Philosophical Justification for Fundamental Human Rights ...

    African Journals Online (AJOL)

    People the world over often lay claims to fundamental human rights without giving thought to the justification for them. They forget that the assertion of one's right without justification would not be enough. Thus, it is not enough for man to assert his rights; he must justify them in some way. For example a liquor dealer must be ...

  11. Where Public Health Meets Human Rights

    Science.gov (United States)

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

    2017-01-01

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

  12. 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.

  13. The European Convention on Human Rights

    Directory of Open Access Journals (Sweden)

    Cătălina Mititelu

    2015-05-01

    Full Text Available Since 1950 - when it was ratified – the European Convention on Human Rights has had a decisive impact on the legislation, jurisprudence and judicial practice of the signatory States of its text. A true “Charter” of Human Rights, the Convention - which was revised and amended by additional Protocols – enounced not only the human rights and fundamental freedoms, but also provided the framework of their legal protection, which laid the foundation of a new era in the history of human rights. Among others, our paper emphasizes also the fact that the European Convention on Human Rights sets not only the general principles of the EU law, principles that have the force of “Jus cogens” for all EU states in the field of human rights and fundamental freedoms, but also it guarantee them a proper legal protection. Since this reality was not yet fully noticed and analyzed in the juridical literature, we believe that, by emphasizing it, we bring a real contribution to a better understanding and to a better capitalization of the first “Charter” of European Human Rights.

  14. 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...

  15. 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.

  16. Physicists for Human Rights in the Former Soviet Union

    Science.gov (United States)

    Chernyak, Yuri

    2005-03-01

    In his 1940 paper `Freedom and Science' Albert Einstein emphasized that ``intellectual independence is a primary necessity for the scientific inquirer'' and that ``political liberty is also extraordinarily important for his work.'' Raised in the tradition of intellectual independence and dedicated to the scientific truth, physicists were among the first to stand up for freedom in the USSR. It was no coincidence that the founders of the first independent Human Rights Committee (1970) were physicists: Andrei Sakharov, Valery Chalidze and Andrei Tverdokhlebov. In 1973 a physicist, Alexander Voronel, founded a Moscow Sunday (refusenik) Seminar -- the first openly independent scientific body in the history of the USSR. In 1976 physicists Andrei Sakharov, Yuri Orlov and a mathematician Natan Sharansky were the leading force in founding the famous Moscow Helsinki Human Rights Watch group. This talk briefly describes the special position of physicists (often viewed as Einstein's colleagues) in Soviet society, as well as their unique role in the struggle for human rights. It describes in some detail the Moscow Sunday Seminar, and extensions thereof such as International Conferences, the Computer School and the Computer Database of Refuseniks. The Soviet government considered such truly independent organizations as a challenge to Soviet authority and tried to destroy them. The Seminar's success and its very existence owed much to the support of Western scientific organizations, who persuaded their members to attend the Seminar and visit scientist-refuseniks. The human rights struggle led by physicists contributed substantially to the demise of the Soviet system.

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

    Directory of Open Access Journals (Sweden)

    Remzije ISTREFI

    2017-03-01

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

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

    OpenAIRE

    McClennen, Sophia A.

    2007-01-01

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

  19. Transferring Away Human Rights: Using Human Rights to Address Corporate Transfer Mispricing

    National Research Council Canada - National Science Library

    Monica Iyer

    2017-01-01

    In doing so, this paper seeks to add to a growing body of literature that considers the human rights implications and the importance of incorporating a human rights approach to issues like tax policy...

  20. Human Rights Education in Foreign Language Learning

    Directory of Open Access Journals (Sweden)

    Melita Kukovec

    2017-06-01

    Full Text Available Today’s world is marked by numerous violations of human rights. As teachers, we would like to believe that future violations can be prevented through human rights education which empowers individuals to build and promote a universal human rights culture. Young people should be given the chance to practise what it means to live together in an open and free society while at school; they, therefore, need to be equipped with a knowledge of human rights and the skills to put these rights into practice.The paper addresses issues relating to including lessons on human rights into Slovene primary and secondary education as part of the foreign language learning syllabus, as well as the need to empower future teachers to react appropriately if their students reject other people’s perspectives out of hand, or even express radical ideas in class that run contrary to democratic values. It also presents various strategies for enabling future teachers to develop the skills necessary to implement human rights education.

  1. 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.

  2. Democracy, Human Rights and Women's Health

    National Research Council Canada - National Science Library

    Safaei, Jalil

    2012-01-01

    .... 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...

  3. The Universal Declaration of Human Rights

    National Research Council Canada - National Science Library

    Nicolae Dură

    2015-01-01

    The Universal Declaration of Human Rights of 1948 was preceded by several other Declarations in the first half of the twentieth century, beginning with the Declaration of 1929 and ending with the one of 1947...

  4. Human Rights and International Relations. Some Remarks

    Directory of Open Access Journals (Sweden)

    Mogens Chrom Jacobsen

    2017-08-01

    Full Text Available An introductory note to the this special issue of Nordicum-Mediterraneum, which contains select proceedings from the meeting of the Nordic Summer University (NSU research circle “Human Rights and International Relations”.

  5. Sexuality and international human rights law.

    Science.gov (United States)

    Tahmindjis, Phillip

    2005-01-01

    This essay considers the extent to which international human rights now protect, or might protect, GLBT communities. The counterpoint between the potential width of application of international human rights instruments and their silence on sexuality has become the leitmotif of sexuality and gender identity within the international human rights framework. In addition, there is a symbiotic relationship between the international norms and domestic legal systems which directly affects the meaning of those norms. Domestic laws are not only needed to implement international norms, but are essential in overcoming the equivocations and silences of international human rights law as it has traditionally applied to GLBT communities. A fusion of the international norms with domestic legal systems through the principle of diversity, rather than the principle of equality, is needed.

  6. 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...

  7. Patents and human rights: a heterodox analysis.

    Science.gov (United States)

    Gold, E Richard

    2013-01-01

    Much international debate over access to medicines focuses on whether patent law accords with international human rights law. This article argues that this is the wrong question to ask. Following an analysis of both patent and human rights law, this article suggests that the better approach is to focus on national debates over the best calibration of patent law to achieve national objectives. © 2013 American Society of Law, Medicine & Ethics, Inc.

  8. 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…

  9. Economic Justice: Necessary Condition for Human Rights.

    Science.gov (United States)

    Cloud, Fred

    1993-01-01

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

  10. Human Rights in the United Kingdom.

    Science.gov (United States)

    British Information Service, New York, NY. Reference Div.

    This pamphlet uses the Articles of the United Nations Universal Declaration of Human Rights as a framework within which to describe legal safeguards of individual rights in the United Kingdom. Under each article of the Declaration, a historical perspective of the tradition of civil liberties is provided, as are descriptions of recent trends and…

  11. 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.

  12. International Adoption: The Human Rights Position

    OpenAIRE

    Bartholet, Elizabeth

    2009-01-01

    International adoption is under siege, with the number of children placed dropping each of the last several years, and many countries imposing severe new restrictions. Key forces mounting the attack claim the child human rights mantle, arguing that such adoption denies heritage rights, and often involves abusive practices. Many nations assert rights to hold onto the children born within their borders, and others support these demands citing subsidiarity principles. But children’s most basic h...

  13. Classification Of Human Rights: Modern Approaches

    Directory of Open Access Journals (Sweden)

    Viktor I. Pishhulin

    2014-09-01

    Full Text Available In the article existing doctrinal approaches to the classification of the rights and freedoms of person are revealed. Author suggests to approach a problem of the rights and freedoms of person classification in a historical and chronological order and on this basis to allocate three generations of human rights. In the article the role of human rights in creation of democratic constitutional state is shown. It is emphasized that a main goal of any state – protection of constitutional rights of the personality and providing opportunities for their full practical realization. According to the author, achievements of modern legal and political science can act as a form of insurance from false understanding of human rights. Author analyzes essence and principles of the rights and freedoms of person, reflecting on problems of their classification and protection, scientists create the base for the legislation on human rights development and for their full realization. Due to such understanding of the scientific activity importance the state and scientific community can combine efforts for the achievement of public consent objectives, creation of civil society, development of its institutes. Author proves that an important role in this process is played also by the legal education which carries out educational functions, promotes in the society formation of the legal culture. In the conclusion author explains why a main goal of any state – protection of constitutional rights of the personality and providing opportunities for their full practical realization. In the achievement of this goal the modern state has to consider human rights not as the instrument of political struggle and a factor of games of politics, but as an inherent supreme value.

  14. Human Rights, Anti-Metaphysics and Legal Humanism

    OpenAIRE

    Oliveira, Lauro Ericksen Cavalcanti de

    2015-01-01

    It discusses the philosophical and ethical perspective of human rights and points its framming on post-modern and anti-metaphysical nowadays tendencies. It scopes in general, to explain the  concept  and  foundations  of  human  rights  under  the  historical  premisses  of  legal humanism. Specifically, it aims to shows the historical evolution of human rights to the posr- modernity, and to analyze how the methaphysical entwining of the man reflects on human rights interpretation. Methodolog...

  15. Human duties and the limits of human rights discourse

    NARCIS (Netherlands)

    Boot, E.R.

    2015-01-01

    Human Duties and the Limits of Human Rights Discourse – Eric R. Boot Summary The present study aims to demonstrate the importance of a renewed focus on duty in normative discourse. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights (i.e.

  16. 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.

  17. Social conditions, health equity, and human rights.

    Science.gov (United States)

    Braveman, Paula

    2010-12-15

    The fields of health equity and human rights have different languages, perspectives, and tools for action, yet they share several foundational concepts. This paper explores connections between human rights and health equity, focusing particularly on the implications of current knowledge of how social conditions may influence health and health inequalities, the metric by which health equity is assessed. The role of social conditions in health is explicitly addressed by both 1) the concept that health equity requires equity in social conditions, as well as in other modifiable determinants, of health; and 2) the right to a standard of living adequate for health. The indivisibility and interdependence of all human rights--civil and political as well as economic and social--together with the right to education, implicitly but unambiguously support the need to address the social (including political) determinants of health, thus contributing to the conceptual basis for health equity. The right to the highest attainable standard of health strengthens the concept and guides the measurement of health equity by implying that the reference group for equity comparisons should be one that has optimal conditions for health. The human rights principles of non-discrimination and equality also strengthen the conceptual foundation for health equity by identifying groups among whom inequalities in health status and health determinants (including social conditions) reflect a lack of health equity; and by construing discrimination to include not only intentional bias, but also actions with unintentionally discriminatory effects. In turn, health equity can make substantial contributions to human rights 1) insofar as research on health inequalities provides increasing understanding and empiric evidence of the importance of social conditions as determinants of health; and, more concretely, 2) by indicating how to operationalize the concept of the right to health for the purposes of

  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. HIV/AIDS and human rights revisited.

    Science.gov (United States)

    Gruskin, S; Tarantola, D

    2001-01-01

    In their article, Sofia Gruskin and Daniel Tarantola demonstrate how, as the number of people living with HIV and with AIDS continues to grow in nations with different economies, social structures, and legal systems, HIV/AIDS-related human rights issues are not only becoming more apparent, but also increasingly diverse. In the 1980s, the relationship of HIV/AIDS to human rights was only understood as it involved people with HIV or AIDS and the discrimination to which they were subjected. The concerns included mandatory HIV testing; restrictions on international travel; barriers to employment and housing, access to education, medical care, or health insurance; and the many issues raised by named reporting, partner notification, and confidentiality. Almost 20 years into the epidemic, these issues remain serious and most often have not been resolved. In the 1990s, however, there was increased understanding of the importance of human rights as a factor in determining people's vulnerability to HIV infection and their consequent risk of acquiring HIV infection and their chances of accessing appropriate care and support. And most recently, human rights have also come to be understood to be directly relevant to every element of the risk/vulnerability paradigm. Gruskin and Tarantola identify three situations and three levels of governmental obligations that should be considered when identifying the specific needs and related rights of individuals in the context of HIV/AIDS. They conclude that policymakers, program managers, and service providers must become more comfortable using human rights norms and standards to guide and limit government action in all matters affecting the response to HIV/AIDS; and that those involved in HIV/AIDS advocacy must become more familiar with the practicalities of using international human rights law when they strive to hold governments accountable.

  20. 78 FR 76029 - Human Rights Day and Human Rights Week, 2013

    Science.gov (United States)

    2013-12-16

    ... our unwavering support for the principles enshrined in the Universal Declaration of Human Rights. NOW... half decades ago, delegates from around the world convened to adopt the Universal Declaration of Human... organizations that promote universal human rights, support good governance, and bolster economic development...

  1. Human rights and conventionality control in Mexico

    Directory of Open Access Journals (Sweden)

    Azul América Aguiar-Aguilar

    2014-12-01

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

  2. Interdependence, Human Rights and Global Health Law.

    Science.gov (United States)

    Viens, A M

    2015-12-01

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

  3. 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...

  4. 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.

  5. 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. PMID:26418817

  6. 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.

  7. Humanity and Human Rights: The Contours of International Law

    Directory of Open Access Journals (Sweden)

    Eyassu Gayim

    2017-08-01

    Full Text Available Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

  8. 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.

  9. Philanthropy and Human Rights in Business Ethics

    DEFF Research Database (Denmark)

    Larsen, Øjvind

    2017-01-01

    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 sense, a charitable act with the aim to promote human happiness independent of gender, class, race, etc. This is the genealogy of the modern...... 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...

  10. The Universal Declaration on the Human Genome and Human Rights.

    Science.gov (United States)

    Mayor, Federico

    2003-01-01

    Since 1985, UNESCO studies ethical questions arising in genetics. In 1992, I established the International Bioethics Committee at UNESCO with the mission to draft the Universal Declaration on the Human Genome and Human Rights, which was adopted by UNESCO in 1997 and the United Nations in 1998. The Declaration relates the human genome with human dignity, deals with the rights of the persons concerned by human genome research and provides a reference legal framework for both stimulating the ethical debate and the harmonization of the law worldwide, favouring useful developments that respect human dignity.

  11. 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

  12. 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...

  13. Human Rights and People with Disabilities.

    Science.gov (United States)

    Burdekin, Brian

    1995-01-01

    This lecture transcript discusses human rights issues related to people with disabilities in Australia, focusing on concepts of discrimination, legislation, and social justice. Findings from recent federal inquiries into homeless children and mental illness highlight major deficits in services for people with disabilities. (Author/DB)

  14. 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

  15. The curious absence of human rights:

    African Journals Online (AJOL)

    LAW

    1 INTRODUCTION. International intellectual property (IP) treaties are under constant negotiation. .... Merges & Richard Nelson “On the complex economics of patent scope” (1990) 90 Columbia Law Review. 839 at 868. ..... 85 See Henry Steiner & Philip Alston (eds) International human rights in context: law, politics, morals.

  16. 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.

  17. Human Rights Violations and Mental Illness

    Directory of Open Access Journals (Sweden)

    Magnus Mfoafo-M’Carthy

    2014-03-01

    Full Text Available The literature review identifies and examines human rights violations experienced by individuals with mental illness on a global level. In addition, the intent is to explore how current legislation either reinforces or supports these violations. The authors conducted an extensive review of the existing literature on mental health and human rights violations. Keywords were used to exhaust databases on this subject matter and to collect data, interpretations, and government publications on mental health and human rights. Individuals with mental illness are experiencing human rights violations on a global scale both within and outside of psychiatric institutions. These violations include denial of employment, marriage, procreation, and education; malnutrition; physical abuse; and negligence. This information was reviewed and compiled into the following article, along with interpretations of current implications and suggestions for future research. It is evident that more supports need to be instilled, especially within the context of low- and middle-income countries lacking adequate staffing and accessible services. Furthermore, legislation needs to be modified, updated, or created with relevant systems in place to make these laws enforceable.

  18. China in Africa: The Human Rights Impact

    NARCIS (Netherlands)

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

    2008-01-01

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

  19. The Politics of European Human Rights Culture

    Czech Academy of Sciences Publication Activity Database

    Agha, Petr

    2017-01-01

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

  20. 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

  1. 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.

  2. 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.

  3. Human Rights and Transitional Societies: Contemporary Challenges

    DEFF Research Database (Denmark)

    Hansen, Thomas Obel

    2008-01-01

    This paper will assess how alternative approaches to transitional justice have the potential for overcoming tensions in between human rights standards. A rule in international law prescribing that states have a duty to prosecute gross human rights violations has emerged. Accordingly, transitional...... societies are said to have an obligation to apply criminal justice in dealing with such past violations. In Rwanda, the transitional government decided to prosecute the perpetrators of the 1994 genocide. As a result of widespread participation in the genocide and a devastated legal sector, difficulties...... in respecting the rights of the accused arose. A group of paralegals known as the "Corps of Judicial Defenders" was thus relied upon as to provide legal assistance for genocide suspects, but also for civil parties. This paper describes the work of these paralegals relating to the transitional trials, and, more...

  4. 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?

  5. Our lives, our say: Street and working children talk about their rights in Delhi

    Directory of Open Access Journals (Sweden)

    Jen Couch

    2010-10-01

    Full Text Available Recently a “new sociology of childhood” has been proposed arguing that childhood must be seen as a social construct and considered like race, class and gender as an important analytical variable. It is asserted that children and their life worlds are  topics worthy of study and that children must be seen as active agents in creating their own social worlds and society at large. The main implication of such a conceptualization is that childhood takes a multiplicity of forms over time and across cultures.  Essentially these approaches privilege the perspectives of children and reject the representation of them as passive vessels into which the rules of society are poured as merely adults in training. This paper examines this new discourse by drawing upon the experiences of Butterflies, a non-government organization working for the empowerment of street and working children in Delhi. In particular the paper will explore Butterflies’ rights-based approach to working with street and working children and give space to children’s own experiences and perceptions in regards to this approach. The article focuses on four key areas: the right to participation; the right to freedom of assembly; the right to protection from economic exploitation and the right to work. Keywords: children, work, rights, poverty, marginalisation, participation

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

    OpenAIRE

    Istrefi, Remzije

    2017-01-01

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

  7. 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

  8. 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…

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

    Science.gov (United States)

    Flowers, Nancy, Ed.

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

  10. Enabling Technology to Advance Health-Protecting Individual Rights-Are We Walking the Talk?

    Science.gov (United States)

    Sharp, Crystal; Gwadry-Sridhar, Femida

    The evolving structure and business of health care services and delivery need the functionality and capability offered by electronic health record (EHR) systems. By electronically diffusing the traditional patient record, however, this new model blurs the long-established medical data home, raising concerns about data ownership, confidentiality, access and individual rights. In 2008 the Lawson Health Research Institute began the process of instituting a robust health informatics and collaborative research infrastructure, now known as I-THINK Research. As data are migrated to the platform and policies are developed, we are forced to confront the complexity of issues around protection of individual rights. The paper presents, in a broader context, the main issues surrounding the privacy debate and the need for education, accountability and new legislation to help define and protect individual rights as new e-health business models emerge.

  11. Working together for health and human rights.

    Science.gov (United States)

    Sidel, V W

    2000-01-01

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

  12. 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

  13. Human rights dynamics of abortion law reform.

    Science.gov (United States)

    Cook, Rebecca J; Dickens, Bernard M

    2003-02-01

    The legal approach to abortion is evolving from criminal prohibition towards accommodation as a life-preserving and health-preserving option, particularly in light of data on maternal mortality and morbidity. Modern momentum for liberalization comes from international adoption of the concept of reproductive health, and wider recognition that the resort to safe and dignified healthcare is a major human right. Respect for women's reproductive self-determination legitimizes abortion as a choice when family planning services have failed, been inaccessible, or been denied by rape. Recognition of women's rights of equal citizenship with men requires that their choices for self-determination be legally respected, not criminalized.

  14. 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. © The Author 2015. Published by Oxford University Press on behalf of the Infectious Diseases Society of America. All rights reserved. For Permissions, please e-mail: journals.permissions@oup.com.

  15. 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. Copyright 2015 Chapman. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  16. 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

  17. Logical Relation of Human Rights and Religion

    Directory of Open Access Journals (Sweden)

    Mohammad Hossein Talebi

    2013-04-01

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

  18. Democracy and Human Rights in Southeast Asia

    OpenAIRE

    Gomez, James; Ramcharan, Robin

    2014-01-01

    Southeast Asia has been undergoing a transition to more democratic forms of governance over the last two decades. The 2007 Charter of the Association of Southeast Asian Nations (ASEAN) stated that henceforth ASEAN would pursue democratic forms of governance, the rule of law and the attendant fundamental human rights, which are the hallmark of liberal democratic states. This major normative evolution is one chapter of ASEAN’s post-Cold War efforts to deepen its members’ interactions in the eco...

  19. 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...... 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...

  20. 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.

  1. Iraq: Politics, Governance, and Human Rights

    Science.gov (United States)

    2014-08-12

    to Iraq, which assist Iraq’s fast-attack and patrol boats that secure its offshore oil platforms and other coastal and offshore locations. The United...discussed in the following sections. Armed Sunni Groups The power sharing arrangement reached among senior politicians did not produce dismantlement ...Administration that U.S. troops will not fix the underlying political problems that caused the insurrection. Governance, Economic Resources, and Human Rights

  2. Human rights and immigrants' access to care.

    Science.gov (United States)

    Parmet, Wendy; Fischer, Simon

    2013-12-01

    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.

  3. 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.

  4. HUMAN RIGHTS IN TIME OF GLOBALIZING SECURITY

    Directory of Open Access Journals (Sweden)

    Gregor Garb

    2013-01-01

    Full Text Available Diversity of processes in the contemporary international environment and the attendant effects, including security risks bring rapid changes in society. On the other hand, new opportunities and challenges are characterized by globalization of security and modern security paradigm, triggered by the overwhelming number of processes within existing systems of national security that modify the state's role in ensuring the safety of its citizens or residents.In the contemporary security paradigm appears a tendency to provide individual security or deviation to the concept of ensuring security of the individual. Security is becoming a fundamental civil right which requires the synthesis of a wide range of state and social policies, including respect of human rights.International terrorism, as one of the security risks, against which many countries have accepted anti-terrorism laws, which intervene in the free exercise of individual rights and that leads to an imbalance between freedom and security.

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

    Science.gov (United States)

    Manson, Patrick

    1998-01-01

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

  6. Pain management: a fundamental human right.

    Science.gov (United States)

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

    2007-07-01

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

  7. Human Rights Versus State Sovereignty in the Lithuanian National Human Rights Policy

    OpenAIRE

    Marcinkutė, Lina

    2012-01-01

    After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country’s policy in the later years of independence, it’s not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)...

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

    OpenAIRE

    Zaharijević Adriana

    2008-01-01

    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 tac...

  9. 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.

  10. 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.

  11. Talking to Robots: On the Linguistic Construction of Personal Human-Robot Relations

    Science.gov (United States)

    Coeckelbergh, Mark

    How should we make sense of 'personal' human-robot relations, given that many people view robots as 'mere machines'? This paper proposes that we understand human-robot relations from a phenomenological view as social relations in which robots are constructed as quasi-others. It is argued that language mediates in this construction. Responding to research by Turkle and others, it is shown that our talking to robots (as opposed to talking about robots) reveals a shift from an impersonal third-person to a personal second-person perspective, which constitutes a different kind of human-robot relation. The paper makes suggestions for empirical research to further study this social-phenomenological process.

  12. ‘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

  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. Victims of human rights violations and victims of human rights restrictions

    Directory of Open Access Journals (Sweden)

    Reiter Axelle

    2014-01-01

    Full Text Available The purpose of international human rights law is to protect basic individual rights and provide to the victims of violations legal remedies against the authors of the abuses. One major difficulty faced in this context originates in the limiting clauses that states insert in international conventions. This paper looks at their compatibility with human rights agreements, in the view of strengthening the legal avenues open to the victims and the possibility for them to obtain redress. The crucial position of human rights at the core of the notion of international public order conditions the approach to adopt in relation to most issues that touch upon the scope and substance of protected rights, including withdrawal from treaties, reservations, implied limitations, overtly broad or inappropriate restrictions, misguided interpretations and failure to apply the relevant provisions. It is put forward that limiting clauses should be narrowly construed and most restrictions discarded altogether.

  15. Iraq: Politics, Governance, and Human Rights

    Science.gov (United States)

    2014-09-15

    Governance, and Human Rights 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f...of Sunnis than was the government of ex-Prime Minister Nuri al-Maliki. President Obama states that he has ruled out any reintroduction of U.S...killed and the buildings housing the Ministry of Finance and of Foreign Affairs were heavily damaged. As Maliki’s image of strong leadership faded, Shiite

  16. 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

    Although human rights abuses have been reported in Iraq, the full scope of these abuses has not been well documented. To assess the prevalence of human rights abuses since 1991 in southern Iraq, along with attitudes about women's health and human rights and women's rights and roles in society, to inform reconstruction and humanitarian assistance efforts in Iraq. Cross-sectional, randomized survey of Iraqi men and women conducted in July 2003 using structured questionnaires. Three major cities in 3 of the 9 governorates in southern Iraq. A total of 1991 respondents representing 16 520 household members. Respondent demographics, information on human rights abuses that occurred among household members since 1991, women's health and human rights, opinions regarding women's rights and roles in society, and conditions for community health and development. Respondents were a mean age of 38 years and were mostly of Arab ethnicity (99.7% [1976/1982]) and Muslim Shi'a (96.7% [1906/1971]). Overall, 47% of those interviewed reported 1 or more of the following abuses among themselves and household members since 1991: torture, killings, disappearance, forced conscription, beating, gunshot wounds, kidnappings, being held hostage, and ear amputation, among others. Seventy percent of abuses (408/586) were reputed to have occurred in homes. Baath party regime-affiliated groups were identified most often (95% [449/475]) as the perpetrators of the abuses; 53% of the abuses occurred between 1991 and 1993, following the Shi'a uprising, and another 30% between 2000 and the first 6 months of 2003. While the majority of men and women expressed support for women's equal opportunities for education, freedom of expression, access to health care, equality in deciding marriage and the number and spacing of children, and participation in community development decisions, there was less support among both men and women for women's freedom of movement, association with people of their choosing, and

  17. 'None of their business'? Diplomatic involvement in human rights

    National Research Council Canada - National Science Library

    BEHRENS, Paul

    2014-01-01

    Evaluation of diplomatic involvement in human rights of citizens of receiving state - rule of noninterference as main prohibition of diplomatic behaviour in human rights - norms supporting position...

  18. Elder mistreatment, ageism, and human rights.

    Science.gov (United States)

    Biggs, Simon; Haapala, Irja

    2013-08-01

    Elder mistreatment, social ageism, and human rights are increasingly powerful discourses in positioning older people in society, yet the relationship between them has rarely been subjected to critical investigation. This perceived relationship will have implications for how mistreatment is understood and responded to. Critical gerontological approach based on narrative and textual analysis. Reports of public attitudes toward mistreatment suggest that it is thought to be more common than scientific evidence would suggest; however, reporting is much lower than prevalence. While the discourse over mistreatment has tended to focus on interpersonal relationships, ageism has emphasized social attitudes, and human rights have concentrated on relations between the state and the individual. In this paper, a series of models have been examined which mark a tendency to restrict and then attempt to reintegrate individual, interpersonal, and social levels of analysis. It is concluded that a focus on the processes of transaction across boundaries rather than contents would facilitate both integrative modeling and deeper understanding of the qualities of abusive situations.

  19. 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.

  20. Men, HIV/AIDS, and human rights.

    Science.gov (United States)

    Peacock, Dean; Stemple, Lara; Sawires, Sharif; Coates, Thomas J

    2009-07-01

    Though still limited in scale, work with men to achieve gender equality is occurring on every continent and in many countries. A rapidly expanding evidence base demonstrates that rigorously implemented initiatives targeting men can change social practices that affect the health of both sexes, particularly in the context of HIV and AIDS. Too often however, messages only address the harm that regressive masculinity norms cause women, while neglecting the damage done to men by these norms. This article calls for a more inclusive approach which recognizes that men, far from being a monolithic group, have unequal access to health and rights depending on other intersecting forms of discrimination based on race, class, sexuality, disability, nationality, and the like. Messages that target men only as holders of privilege miss men who are disempowered or who themselves challenge rigid gender roles. The article makes recommendations which move beyond treating men simply as "the problem", and instead lays a foundation for engaging men both as agents of change and holders of rights to the ultimate benefit of women and men. Human rights and other policy interventions must avoid regressive stereotyping, and successful local initiatives should be taken to scale nationally and internationally.

  1. Men, HIV/AIDS, and Human Rights

    Science.gov (United States)

    Peacock, Dean; Stemple, Lara; Sawires, Sharif; Coates, Thomas J.

    2010-01-01

    Though still limited in scale, work with men to achieve gender equality is occurring on every continent and in many countries. A rapidly expanding evidence base demonstrates that rigorously implemented initiatives targeting men can change social practices that affect the health of both sexes, particularly in the context of HIV and AIDS. Too often however, messages only address the harm that regressive masculinity norms cause women, while neglecting the damage done to men by these norms. This article calls for a more inclusive approach which recognizes that men, far from being a monolithic group, have unequal access to health and rights depending on other intersecting forms of discrimination based on race, class, sexuality, disability, nationality, and the like. Messages that target men only as holders of privilege miss men who are disempowered or who themselves challenge rigid gender roles. The article makes recommendations which move beyond treating men simply as “the problem”, and instead lays a foundation for engaging men both as agents of change and holders of rights to the ultimate benefit of women and men. Human rights and other policy interventions must avoid regressive stereotyping, and successful local initiatives should be taken to scale nationally and internationally. PMID:19553779

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

    OpenAIRE

    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 convincingly showed by critics of this system, it is not. In 1993 a lobby of women’s rights activists and organisations from all over the world gathered in Vienna at the World Conference on Human Rig...

  3. 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.

  4. 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.

  5. [Human rights and genetics: the fundamental principles of the Universal Declaration on the Human Genome and Human Rights].

    Science.gov (United States)

    Bergel, S D

    1998-01-01

    The Universal Declaration on the Human Genome and Human Rights sets out generally agreed criteria in response to the human rights challenges posed by advances in molecular biology and genetics. The lynchpin of these criteria is respect for human dignity, a premise from which other principles are derived. The author examines and gives the justification for these principles, and refers to another crucial bioethics text, the recent Council of Europe Convention on the protection of human rights and the dignity of the human person in regard to applications of biology and medicine.

  6. Mother tongue as a universal human right.

    Science.gov (United States)

    De Luca, Christine

    2018-02-01

    Article 19 of the Universal Declaration of Human Rights enshrines the right to freedom of opinion and expression. UN Resolution A/RES/61/266 called upon Member States "to promote the preservation and protection of all languages used by peoples of the world". This resolution has particular relevance for minority language groups where mother tongue - so vital to self-expression - is primarily a spoken medium, often ascribed low status. With few fluent readers and writers, and a consequent dearth of written resources, a vicious circle develops and linguistic and cultural heritage erodes. Not all governments are vigilant with appropriate policies and funding. Even in a community like Shetland, where there is no class connotation associated with speaking Shetlandic, the proportion of fluent dialect speakers is now relatively small. It therefore falls to the writer to create resources for children, to help stem the tide. Engaging in translation can also help raise the status of dialect and pinpoint the somewhat arbitrary distinction between dialect and language. There are many problems in publishing in minority tongues; for example, uneconomic print runs, language authenticity versus contemporaneity, standardisation of orthography and the trend to "exotic-ise" dialect in mainstream literature.

  7. Human rights, global trade and moral values

    Directory of Open Access Journals (Sweden)

    Rahim Dehgan Simkani

    2016-04-01

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

  8. Human Rights Education, Constitutionalism and Their Interrelations in Slovakia.

    Science.gov (United States)

    Kusy, Miroslav

    1994-01-01

    This paper reviews national and cultural traditions that inform human rights consciousness in Slovakia and examines the role of constitutionalism in human rights protection and education on human rights. A prospering civil society is possible only in the context of a well-functioning civil state, making education in human rights and…

  9. The Life Esidimeni tragedy: A human-rights perspective | Ferlito ...

    African Journals Online (AJOL)

    The International Covenant on Economic, Social and Cultural Rights (ICESCR) affirms that all human beings are entitled to core rights essential to human fulfilment. Although all human rights are important ... Paramount to this is the freedom of individuals to exercise their human rights. As seen with the Life Esidimeni tragedy ...

  10. 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…

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

    Science.gov (United States)

    Reichert, Elisabeth

    2002-01-01

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

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

    OpenAIRE

    Selita Mirela

    2015-01-01

    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, speciall...

  13. Sen and the Human Rights: Freedom as Material Object of Human Rights

    Directory of Open Access Journals (Sweden)

    Eduardo Ibáñez

    2017-05-01

    Full Text Available Specifically we understand that the capability approach of Amartya Sen, is his greatest contribution to thinking about human rights. In this paper, in addition to placing its origin and significance for them, we will put in relation the capability approach with some contributions of liberation thought on Latin American as Ellacuría, highlighting its importance in connection with an intercultural vision human rights. We will discuss other relevant versions of the capability approach, specifically that of Martha Nussbaum. Finally, the most relevant reviews are located and the author's response to them.

  14. HUMAN RIGHTS BETWEEN ABUSE AND NON-DISCRIMINATION

    Directory of Open Access Journals (Sweden)

    Marilena MARIN

    2014-11-01

    In our study we follow the method of protecting human rights in relation to free access to justice, to the abuse of law or procedural rights, non-discrimination and solutions of causes to the European Court of Human Rights.

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

    OpenAIRE

    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 investigate, detain, prosecute and try individuals, which are all activities that necessarily entail the potential infringement of human rights. However, unlike States, ICTs are not party to human right...

  16. Human rights begin at birth: international law and the claim of fetal rights.

    Science.gov (United States)

    Copelon, Rhonda; Zampas, Christina; Brusie, Elizabeth; Devore, Jacqueline

    2005-11-01

    In the Universal Declaration of Human Rights, the foundation of human rights, the text and negotiating history of the "right to life" explicitly premises human rights on birth. Likewise, other international and regional human rights treaties, as drafted and/or subsequently interpreted, clearly reject claims that human rights should attach from conception or any time before birth. They also recognise that women's right to life and other human rights are at stake where restrictive abortion laws are in place. This paper reviews the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Inter-American Human Rights Agreements and African Charter on Human and People's Rights in this regard. No one has the right to subordinate another in the way that unwanted pregnancy subordinates a woman by requiring her to risk her own health and life to save her own child. Thus, the long-standing insistence of women upon voluntary motherhood is a demand for minimal control over one's destiny as a human being. From a human rights perspective, to depart from voluntary motherhood would impose upon women an extreme form of discrimination and forced labour.

  17. “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

  18. Displaced persons' perceptions of human rights in Southern Sudan.

    Science.gov (United States)

    Pavlish, C; Ho, A

    2009-12-01

    A human rights framework has become more important in advancing equitable health and development opportunities. However, in post-conflict settings, human rights violations persist. Women and girls are especially vulnerable to discrimination and violence. To deepen understanding about the social context that influences human rights experiences and gender relationships in a post conflict setting. Focus groups and key informant interviews were conducted in an ethnographic study among displaced persons, government officials and community-based organizations in Southern Sudan. Participants defined human rights as the right to good governance, self-determination and participation in society's development, security and equality. Human rights violations included discrimination, insecurity and inadequate health and development opportunities. Education, language and geographic location influenced human rights perspectives. Some social groups were at higher risk for human rights violations. Community perspectives on human rights indicated complex connections between obligations, claims, conditions and social relationships. Nurses can create conditions that advance people's human rights and improve their health.

  19. National Incorporation of Global Human Rights: Worldwide Expansion of National Human Rights Institutions, 1966-2004

    Science.gov (United States)

    Koo, Jeong-Woo; Ramirez, Francisco O.

    2009-01-01

    Using an event history framework we analyze the adoption rate of national human rights institutions. Neo-realist perspective predicts adoption rates to be positively influenced by favorable national profiles that lower the costs and make it more reasonable to establish these institutions. From a world polity perspective adoption rates will be…

  20. The prevention of gross human rights violations under international human rights law

    NARCIS (Netherlands)

    van der Have, N.S.

    2017-01-01

    Over the past decades there has been a great deal of attention for concepts aiming to prevent gross human rights violations, such as conflict prevention and the responsibility to protect. Despite this shift in attention towards prevention, it has remained unclear what legal obligations states have

  1. Climate Change, Human Rights and the International Legal Order: The Role of the UN Human Rights Council

    OpenAIRE

    Margaretha Wewerinke

    2013-01-01

    This article discusses recent developments related to recognition of the link between human rights and climate change in international human rights forums. It focuses on the main human rights body of the United Nations, the Human Rights Council, which has addressed climate change in three resolutions, two panel discussions and at its annual Social Forum. The analysis shows that the main challenge faced by the Human Rights Council as it seeks to address climate change is getting to grips with ...

  2. 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...

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

    African Journals Online (AJOL)

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

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

    Science.gov (United States)

    O'Brien, Ed

    1999-01-01

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

  5. The Human Right to Equal Access to Health Care

    NARCIS (Netherlands)

    M. San Giorgi (Maite)

    2012-01-01

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

  6. 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.

  7. Human Rights in China: Trends and Policy Implications

    Science.gov (United States)

    2009-07-13

    small, loosely organized, and still largely latent human rights movement, in which “civil elites” work with grass roots groups to safeguard human...U.S. Funding Debate, by Luisa Blanchfield. Human Rights in China: Trends and Policy Implications Congressional Research Service 33 States and... Luisa Blanchfield. 155 Human Rights in China (HRIC), “China’s UN Human Rights Review: New Process, Old Politics, Weak Implementation Prospects

  8. 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.

  9. 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…

  10. African Philosophy of Education as a Response to Human Rights ...

    African Journals Online (AJOL)

    Human rights violations on the African continent have emerged as a predicament for human flourishing. This article reconsiders the notion of an African philosophy of education as a response to human rights violations, in particular how the notion of Ubuntu (human interdependence and humaneness) can be used to ...

  11. 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.

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

    African Journals Online (AJOL)

    . There are legal and institutional mechanisms for protecting the human rights guaranteed in these constitutions. This paper has focused on the institutional mechanisms for human rights protection in Nigeria. The meaning, features and ...

  13. Legal capacity in international human rights law

    NARCIS (Netherlands)

    Lewis, Oliver

    2015-01-01

    The book sets out an analysis of how the law is used as a means to remove decision-making rights from people with mental health issues and people with intellectual disabilities. It explains how international law can be used to repatriate these rights.

  14. 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…

  15. 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.

  16. KRITIK TERHADAP EPISTEMOLOGI UNIVERSAL DECLARATION OF HUMAN RIGHTS: PERSPEKTIF ISLAM

    OpenAIRE

    Afdal Afdal; Waston Waston

    2015-01-01

    Since established, Universal Declaracion of Human Rights (UDHR) upheld as a global value by all the countries in the world. UDHR through the UN as a reference as a common standard for measuring the level of success of a country in upholding human rights. How this study focus on the implications of the secular epistemology against the substance of the Universal Declaration Of Human Rights? and How does Islam look at epistemology Universal Declaration Of Human Rights? To answer t...

  17. Racism and poverty in a human rights perspective

    OpenAIRE

    de Gaay Fortman, B.

    2002-01-01

    The problematique of racialised inequalities is the major focus of this chapter. Remedies will be looked for in human rights. First we shall go into the meaning of human rights. The international project for the realisation of human rights will then be confronted with racism in general. Next, we shall concentrate on the specific problem area of racism and poverty. Then it will be time to look at human rights as possible remedies in the fight against “racialised” poverty.

  18. Human Rights Outcomes in Complexity and the Problem of Causation

    OpenAIRE

    McGrogan, David

    2015-01-01

    The monitoring of human rights performance is increasingly a measurement exercise. This is true for the UN institutions whose role is to monitor compliance with human rights treaties; governments who fulfil their obligations to report to those institutions regarding their performance; NGOs which are engaged in applying pressure to States Parties to the relevant treaties; and human rights-interested academia. The international human rights system, to put it another way, is increasingly concern...

  19. Reform of the European Court of human rights

    OpenAIRE

    Mojsilović Marijana

    2013-01-01

    The European Court of Human Rights is the crown in the international system for protecting human rights. In recent years the Court has become a victim of its own success. In response to growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights. The aim of this article is just to show the most important innovations introduced pr...

  20. Rights as Footprints: A New Metaphor for Contemporary Human Rights Practice

    OpenAIRE

    Perelman, Jeremy; Young, Katharine G.

    2010-01-01

    Metaphors can help advocates and scholars to understand the complicated practice of claiming human rights. So far, drawing on studies from related literatures - from critical rights scholarship, critical race theory and the socio-legal study of public interest lawyering - metaphors have helped to describe and celebrate human rights advocacy. They have also provided a trenchant critique. The "rights as myths" metaphor endures for its shorthand description of how rights beguile socially disadva...

  1. Gender equality is a human right. Empowerment, women and human rights, past, present and future.

    Science.gov (United States)

    Blumberg, R L

    1998-01-01

    This analysis opens by noting that the fact that women's equality is a human right is gaining universal acceptance and by outlining some of the major events that have marked recognition of the concept of human rights and women's rights. The analysis then considers the history of how humans have subsisted on earth in hunter-gatherer societies, horticultural (hoe-based, shifting cultivation) societies, agrarian (plow, permanent cultivation) societies, industrial societies, and information and technological societies. Next, a theory of gender stratification is applied to each situation to show how gender stratification depends upon who has control of economic resources (not who does the most work or even who legally owns the resources). Thus, women and men enjoy equality and cooperation to survive in foraging societies, men dominate in horticultural and agrarian societies, and women begin to regain ground in industrial societies. The analysis also takes into account macro- and micro-level "discount" factors that affect the amount of leverage a woman can get from money earned. The next section of the analysis deals with present conditions and notes that women can achieve equal rights via economic empowerment in combination with macro-level changes. This section also explains how "sexism kills" and considers the economic factors affecting violence against women. The article goes on to quantify progress to date, with a focus on women's gains in education, health, work and income, and political equality as well as slower gains in ratification of pertinent international treaties. The article concludes with an optimistic view of the future as the information age allows women to gain more power.

  2. 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.

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

    African Journals Online (AJOL)

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

  4. 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…

  5. Human Rights: 1948-1978--Changing Perceptions. A Wingspread Conference.

    Science.gov (United States)

    Sohn, Louis B.; Roosevelt, Curtis

    Conference participants examined the attitudes toward human rights which led to the drafting of the Universal Declaration of Human Rights in 1948, as compared to today's perceptions of the meaning of human rights. Using Franklin D. Roosevelt's "Four Freedoms" as a point of departure--freedom of speech and expression, freedom of every…

  6. 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

  7. 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...

  8. 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…

  9. 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...

  10. The rudiments of human rights | Chinyere | Nnamdi Azikiwe ...

    African Journals Online (AJOL)

    The knowledge of the evolution of human rights is a key to understanding the concept and the factors that influenced the growth and advancement of human rights. The wide spectrum of what we have today as human rights can be traced from the earliest times, down to the middle ages, and up to the present century.

  11. The functions of selected human rights institutions and related role ...

    African Journals Online (AJOL)

    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 ...

  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. Racism and poverty in a human rights perspective

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2002-01-01

    The problematique of racialised inequalities is the major focus of this chapter. Remedies will be looked for in human rights. First we shall go into the meaning of human rights. The international project for the realisation of human rights will then be confronted with racism in general. Next, we

  14. National Award for Human Rights Education in 2008

    Directory of Open Access Journals (Sweden)

    Mariê Luise Campos

    2009-07-01

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

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

    African Journals Online (AJOL)

    The human rights issues have continue to generate both interest and controversy in the world. This is because more than before the organized world community has placed considerable emphasis on human rights violation especially in developing world. This study focuses on the issue of evolution of human rights, then ...

  16. 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…

  17. The United Nations Human Rights Council: Issues for Congress

    Science.gov (United States)

    2008-07-31

    states; ! serve as a forum for dialogue on thematic human rights issues and recommend opportunities for the development of international human rights law to...Commission Act may violate U.S. obligations under international human rights law . 133 U.N. Press Release, “United States Accepts Visit Request of U.N

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

    African Journals Online (AJOL)

    MJM Venter

    2016-05-30

    May 30, 2016 ... human rights litigation by extending standing to a human rights orgnisation28 and the law society.29 In the Catholic Commission for Justice and Peace in. Zimbabwe v Attorney-General30 case, the Supreme Court allowed a human rights organisation to challenge the constitutionality of the death sentence.

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

    African Journals Online (AJOL)

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

  20. 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.

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

    National Research Council Canada - National Science Library

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

    2009-01-01

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

  2. Understanding Women\\'s Economic And Social Human Rights ...

    African Journals Online (AJOL)

    This article considers the evolution of women\\'s rights in international human rights law. It then moves on to consider the gender dimension of economic, social and cultural rights before examining constraints to their enjoyment and enforcement. East African Journal of Peace and Human Rights Vol. 12 (2) 2006: pp. 232-253 ...

  3. 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

  4. 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.

  5. Strategies for Protecting and Implementing Human Rights in Today

    OpenAIRE

    Montesinos Oltra, Salvador; Añón Roig, María José

    2010-01-01

    Human Rights and integration: and appraisal from Europe. Conference on Human Rigths Research Centres and Institutes. December 2-3, 2010. Institut de Drets Humans. Universitat de València.Duración:49M

  6. Human Rights and Development. The Discourse in the Humanities and Social Sciences

    OpenAIRE

    Gloppen, Siri; Rakner, Lise

    1993-01-01

    The aim of this study is to review central debates on human rights within the social sciences and humanities with a view to enumerating the present state of knowledge about human rights and development. The central topics discussed in the report are: The development of human rights norms; cultural relativism versus universal human rights; human rights and economic development trade-offs; conflicts between different categories of rights, relations between human rights and political development...

  7. 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.

  8. The International Adoption Cliff: Do Child Human Rights Matter?

    OpenAIRE

    Bartholet, Elizabeth

    2013-01-01

    This revised speech characterizes the dramatic decline in international adoption since 2004 as a major child human rights tragedy, deliberately created by governmental and NGO policy-makers. It contrasts U.S. human rights policy imposing sanctions for the violation of adult human rights, to U.S. failure to act in the face of child human rights violations. It calls for a change in U.S. policy that would: (1)Hold countries accountable for the human rights violations inherent in their shutdown...

  9. 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.

  10. 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…

  11. Sexuality and human rights: an Asian perspective.

    Science.gov (United States)

    Laurent, Erick

    2005-01-01

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

  12. 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

  13. 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.

  14. 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.

  15. THE RIGHT TO MISSION IN HUMAN RIGHTS LAW, "MISSION TO AMISH PEOPLE" AND "JEWS FOR JESUS"

    National Research Council Canada - National Science Library

    Maria Grazia Martino

    2015-01-01

    ... and Discrimination Based on Religion or Belief and the American Convention of Human Rights, it investigates the extent to which such activities fall within the scope of the right to free speech and to freedom...

  16. Medical ethics and human rights in wartime

    African Journals Online (AJOL)

    2015-03-09

    Mar 9, 2015 ... ... to charge physicians with war crimes or crimes against humanity. The UK has taken action against a military physician who acted as an accessory to torture in Iraq (under Saddam Hussein), and another who failed to report suspected torture of prisoners while serv ing with the UK military in Afghanistan.

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

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

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

  18. 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)

  19. Human rights in the Republic of Ireland 2007

    OpenAIRE

    Thornton, Liam

    2007-01-01

    Debates on criminal justice, police powers and human rights of the accused were present throughout much of 2007 in the Republic of Ireland. Human rights concerns were raised in relation to the introduction of anti-social behaviour orders, the continuing focus on ‘balance’ within the Irish criminal justice system and limitations on the right to silence. There were also some positive developments in the field of human rights, including the introduction of the Prison Rules.

  20. Kritik Terhadap Epistemologi Universal Declaration of Human Rights: Perspektif Islam

    OpenAIRE

    Afdal, Afdal; Waston, Waston

    2015-01-01

    Since established, Universal Declaracion of Human Rights (UDHR) upheldas a global value by all the countries in the world. UDHR through the UN as a referenceas a common standard for measuring the level of success of a country in upholdinghuman rights. How this study focus on the implications of the secular epistemologyagainst the substance of the Universal Declaration Of Human Rights? and How doesIslam look at epistemology Universal Declaration Of Human Rights? To answer thesequestions used t...

  1. Researching and studying human rights: interdisciplinary\\ud insight

    OpenAIRE

    Short, Damien

    2015-01-01

    Since 1948, the study of human rights has been dominated by legal scholarship that has sought to investigate the development of human rights law, emerging jurisprudence, regional systems, the decisions and recommendations of human rights mechanisms and institutions and to a lesser extent the ‘compliance gaps’ between state commitments and actions. Even so, in all of these spheres there are elements that cannot be fully understood through a purely legal lens, moreover, if we understand ‘human ...

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

    Directory of Open Access Journals (Sweden)

    Etinski Rodoljub

    2013-01-01

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

  3. 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.

  4. 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.

  5. 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

  6. The life and times of religion and human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de; Salih, Mohamed

    2003-01-01

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

  7. 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.

  8. 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.

  9. THE ENVIRONMENT, OIL AND HUMAN RIGHTS IN NIGERIA*

    African Journals Online (AJOL)

    Mofasony

    between fundamental human rights, social rights, the oil and gas industry in Nigeria and the environment. .... linkages can assist to protect human rights and environment. The linkages are better analyzed from the provisions of the 1972 Stockholm. Declaration that: ... There is a universal phenomenon of Oil blow-out in Oil.

  10. Building Public Pressure for Human Rights through Media Reporting ...

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

    Building Public Pressure for Human Rights through Media Reporting of Rights Violence and Advocacy. Despite the prevalence of human rights and international humanitarian law violations in Afghanistan, the Afghan media has generally not gone beyond reporting broad allegations. A large body of cases exist, but only a ...

  11. EDITORIAL: ISLAM AND HUMAN RIGHTS: Contested Viewpoints

    Directory of Open Access Journals (Sweden)

    Editor Al-Jami'ah: Journal of Islamic Studies

    2007-08-01

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

  12. 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.

  13. Human Rights and World Order Politics. Occasional Paper Number Four.

    Science.gov (United States)

    Ajami, Fouad

    This paper discusses one of the major global problems facing humanity today, human rights. It is one of a series of working papers commissioned by the World Order Models Project in its effort to stimulate research, education, dialogue, and political action which will contribute to a movement for a just world order. Human rights have recently…

  14. The place of human rights in Nigeria's democracy | Ofoegbu ...

    African Journals Online (AJOL)

    Human Rights are ontological, inherent and intrinsic to all human beings in as much as they are human, irrespective of nationality, sex, ethnicity, origin, colour or any other status. These rights can be protected in a functional democratic setting that anchors its foundation in the rule of law. In democracy, the rule of law protects ...

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

    Science.gov (United States)

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

    2009-12-01

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

  16. African Charter on Human and Peoples' Rights.

    Science.gov (United States)

    1987-01-01

    This Convention contains provisions relating to women's rights, pay equity, health, education, the family, the aged, freedom of movement, and asylum. Algeria ratified the Convention on 20 March 1987, Benin on 25 February 1986, Botswana on 22 July 1986, Burkina Faso on 21 September 1984, Cape Verde on 6 August 1987, Central African Republic on 27 July 1986, Chad on 11 November 1986, Comoros on 18 July 1986, Egypt on 3 April 1984, Equatorial Guinea on 18 August 1986, Gabon on 26 June 1986, Guinea-Bissau on 6 March 1986, Libya on 26 March 1987, Sao Tome and Principe on 28 July 1986, Sierra Leone on 27 January 1984, Somalia on 20 March 1986, Sudan on 11 March 1986, Tanzania on 9 March 1984, Uganda on 27 May 1986, Zaire 28 July 1987, Zambia on 2 February 1984, and Zimbabwe on 12 June 1986. full text

  17. 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

  18. 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

    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...

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

    Directory of Open Access Journals (Sweden)

    Mary Nolan

    2015-10-01

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

  20. The Fundamental Principle of Human Dignity and the Right to Life : Collision Any of These Fundamental Principles The Perspective of Abortion

    Directory of Open Access Journals (Sweden)

    Érika do Amaral Véras

    2016-12-01

    Full Text Available This legal article works the theme of the collision of the fundamental principles, especially the principle of human dignity and the right to life, abortion perspective. First, we discuss of fundamental rights, bringing its definition, observed the distinction between human rights and fundamental rights. Then the super principle of human dignity is covered and, soon after, the right to life is highlighted through its relevant elements. Finally, talks on a possible collision beween the fundamental right to life and the principle of human dignity, with a special focus on the issue of abortion.

  1. "Women's Rights as Human Rights: A Political and Social Economy Approach within a Deep Democratic Framework"

    OpenAIRE

    2007-01-01

    In this paper we offer the social capabilities based approach to women's rights as human rights. We begin with the standard approach and discuss the universal human rights model before developing the social capabilities approach followed throughout the rest of this paper. In this paper by political economy we mean the classical state and civil society and their interactions. By social economy we mean the underlying social basis of the political economy including the family structure. Khan(199...

  2. LGBT rights versus Asian values: de/re-constructing the universality of human rights

    OpenAIRE

    Lee, Po-Han

    2016-01-01

    Law, especially from the international human rights regime, is a direct reference on which minority groups rely when it comes to ‘non-discrimination’. Drawing upon LGBT rights in Taiwan, as well as Hong Kong and Singapore, this article – through an application of K.H. Chen’s (2010) Asia as Method – critically reviews how global LGBT politics interact with local societies influenced by Confucianism. Along a perpetual competition between the universalism and cultural relativism of human rights,...

  3. Agamben and the Politics of Human Rights: Statelessness, Images, Violence

    OpenAIRE

    Newman, Saul; Lechte, John

    2013-01-01

    Human rights today have become the meta-narrative of globalisation. However, the most casual glance reveals a world in which human rights are violated on an unprecedented scale, often by the very sovereign states who claim to promote them. This is no coincidence, according to Giorgio Agamben, who argues that despite the claims of NGOs, international legal scholars, global ethicists and governments, human rights today do not protect us from the excesses of state power, but, on the contrary, ar...

  4. Theorizing Time in Abortion Law and Human Rights

    OpenAIRE

    Erdman, Joanna N.

    2017-01-01

    Abstract The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, healt...

  5. The application of human rights for EU asylum policy

    OpenAIRE

    Tamulevičiūtė, Asta

    2008-01-01

    This paper explores the application of human rights in the EU asylum policy. The prevention of terror and the strengthening of the area of Justice, Freedom and Security require tighter border controls, which consequently reflect negatively on asylum seekers and their human rights. Therefore this paper sets the aim to explore the application of human rights for EU asylum policy in respect to international obligations. There are three main objectives to be attained in the paper: to determine if...

  6. Impact of Globalization on the Right to Health as an Instance of Human Rights

    Directory of Open Access Journals (Sweden)

    Jayashree Palande

    2011-07-01

    Full Text Available Since the advent of globalization, the issue of human rights - especially right to health- and their violation through the process of globalization was discussed. These impotent rights are affected both in positive and negative way by the globalization. Present study scrutinizes these effects and concludes that globalization is functioning as a double edged-sword in this regards.

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

    African Journals Online (AJOL)

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

  8. Copyright and Free Speech: The Human Rights Perspective

    National Research Council Canada - National Science Library

    Buss Krisjanis

    2015-01-01

    ... and are considered to be of equal importance. As a result, when an individual refers to the human right of free speech to hold and impart copyright protected material, it triggers the collision between the two rights...

  9. Protection of human rights in South Africa: public awareness and ...

    African Journals Online (AJOL)

    To that end, the survey sought information on public knowledge or awareness of the Bill of Rights, violation or protection of various types of rights, and awareness and perceptions regarding human rights institutions. It was found that many South Africans are unaware of the existence of the Bill of Rights and that the majority ...

  10. 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.

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

    Science.gov (United States)

    McPhail, Ken

    2013-01-01

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

  13. Can human rights discourse improve the health of Indigenous Australians?

    Science.gov (United States)

    Gray, Natalie; Bailie, Ross

    2006-10-01

    Recognition of the poor health outcomes of Indigenous Australians has led to an interest in using human rights discourse as a framework for arguing that the Australian Government has an international obligation to improve Indigenous health. This paper explores two potential directions for human rights discourse in this context. The first is the development and elaboration of an asserted 'human right to health'. The second focuses on developing an understanding of the interactions between health and human rights, particularly the underlying social determinants of health, and thereby creating an advocacy framework that could be used to promote the inclusion of human rights considerations into the policy-making agenda. This paper argues that despite the symbolic force of human rights discourse, its capacity to improve the health of Indigenous Australians through international law is limited. This is so irrespective of whether recourse is made to a legal or moral imperative. The 'human right to health' is limited primarily by several barriers to its implementation, some of which are perpetuated by the current Australian Government itself. Although the potential advocacy capacity of human rights discourse is similarly limited by the hostility of the Government towards the notion of incorporating human rights considerations into its public policy decision making, it does provide a sustainable intellectual framework in which to consider the social and structural determinants of health and maintain these issues on the political agenda.

  14. Chinese State-owned Enterprises and Human Rights

    DEFF Research Database (Denmark)

    Whelan, Glen; Muthuri, Judy N.

    2017-01-01

    The growing global prominence of Chinese state-owned enterprises (SOEs) brings new dimensions to our understanding of multi-national corporations (MNCs) and human rights issues. This article constructs a three-level framework that enables the mapping of transnational, national, and intra......-organizational human rights pressures, and uses this framework to identify and analyze the human rights that Chinese SOEs report concern with. The analysis provided suggests that while China’s most global SOEs are subject to transnational pressures to respect all human rights, such pressures appear outweighed by those...

  15. 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.

  16. 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.

  17. 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.

  18. Corporate Obligations Under the Human Right to Water

    OpenAIRE

    Letnar Cernic, Jernej

    2010-01-01

    Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realisation of the right to water. For example, they can become violators of the right to water where their activities deny access to clean and safe water or where water prices increase without warning. Corporations can have a positive or negative impact on the human rights of ind...

  19. Arguments for the Normative Validity of Human Rights

    DEFF Research Database (Denmark)

    Pedersen, Esther Oluffa

    2016-01-01

    . The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy......The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651) and Rousseau’s Social Contract (1762) are discussed as important predecessors...... Bentham protested against the Declaration’s core idea of inalienable human rights....

  20. Menneskerettighedernes Æstetik /The Aesthetics of Human Rights

    DEFF Research Database (Denmark)

    2012-01-01

    The idea of this thematic issue on "The Aesthetics of Human Rigths" of the journal "Academic Quarter" is to focus on the staging of human rights in popular culture and fine arts and in different media and genres.......The idea of this thematic issue on "The Aesthetics of Human Rigths" of the journal "Academic Quarter" is to focus on the staging of human rights in popular culture and fine arts and in different media and genres....

  1. 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.

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

    OpenAIRE

    Remzije Istrefi

    2017-01-01

    The right to development is the right of individuals and peoples to an enabling environment for development that is equitable, sustainable, and participatory and in accordance with the full range of human rights and fundamental freedoms. A wide range of international law on development exists, and numerous Declarations and Programs of Action from the UN World Conferences have been proclaimed. Nevertheless, due to its nature and its legal status the right to development continues t...

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

    Directory of Open Access Journals (Sweden)

    Carl Wellman

    2015-11-01

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

  4. Human rights-based approach to tobacco control.

    Science.gov (United States)

    Dresler, Carolyn; Lando, Harry; Schneider, Nick; Sehgal, Hitakshi

    2012-03-01

    The Framework Convention for Tobacco Control (FCTC) is currently the most potent tool for implementation of tobacco control laws across the globe. The FCTC is derivative from previously constructed international human rights conventions. These previous conventions have enforcement mechanisms, unlike the FCTC. However, the FCTC relies on state parties to report periodically on its implementation rather than on a continuous monitoring system. The Human Rights and Tobacco Control Network proposes that abiding by the principles of human rights delineated by international treaties, citizens across the globe can demand effective action for tobacco control. This paper explains the link between fundamental human rights and the right to tobacco control. Mechanisms are described to link the FCTC and its principles with human rights-based monitoring reports, which are provided to oversight committees for the other human rights conventions. The initial work of the Human Rights and Tobacco Control Network is summarised and considers the future directions for the human rights-based approach to tobacco control.

  5. A Human Right to Identity Formation? Identity, Politics, and the Universality of Human Rights

    Directory of Open Access Journals (Sweden)

    Richard T. Peterson

    2006-12-01

    Full Text Available This paper will build on ideas I presented at the previous conference (in 2003 on human rights at Mofid University. In that paper, I argued that it is a mistake to view human rights as the expression of a specific culture or historical identity (e.g., that of the “West”. Instead, human rights are better understood as historically emergent universals created in the conflict and interaction of various social groups with contrasting interests, cultural understandings, and identities. The aim of preserving a specific culture, religion, or historical identity against cultural imperialism or other kinds of domination can be supported by appealing to a human right to the formation of distinctive identities. Therefore this human right can contribute to a plurality of identities within the global network of societies that is emerging today. The aim of this paper is to develop this idea of a human right to identity formation دراین مقاله مخالفت خود را با تردید در جهان‌شمولی حقوق بشر اعلام کرده‌ام. این تردید، بر این باور مبتنی است که حقوق بشر، امری تحمیلی ازسوی غرب می‌باشد. من دلایلی برای انکار این نظر که حقوق بشر تماماً غربی است ارائه کرده، به وجوهی اشاره کردم که در واقع خیزش حقوق بشر، دست کم تا حدودی، ناشی از مبارزاتی است که با سلطة قدرت‌های غربی صورت می‌گیرد. این شیوه از استدلال، نیازمند انکار این مطلب نیست که زبان حقوق بشر گاه شکل سیاست‌هایی را گرفته که تمایز فرهنگ‌های دیگر را نمی‌توانند بفهمند (تشخیص دهند و از نابرابری جهانی ثروت و قدرت غفلت کرده‌اند، یا حتی از آن به نحو تلویحی حمایت

  6. Building Human Rights, Peace and Development within the United Nations

    Directory of Open Access Journals (Sweden)

    Christian Guillermet Fernández

    2015-01-01

    Full Text Available War and peace have perpetually alternated in history. Consequently, peace has always been seen as an endless project, even a dream, to be in brotherhood realized by everyone across the earth. Since the XVII century the elimination of war and armed conflict has been a political and humanitarian objective of all nations in the world. Both the League of Nations and the United Nations were conceived with the spirit of eliminating the risk of war through the promotion of peace, cooperation and solidarity among Nations. The Universal Declaration of Human Rights and the subsequent human rights instruments were drafted with a sincere aspiration of promoting the value of peace and human rights worldwide. International practice shows the close linkage between the disregard of human rights and the existence of war and armed conflict. It follows that the role of human rights in the prevention of war and armed conflict is very important. Since 2008 the Human Rights Council has been working on the ‘Promotion of the Right of Peoples to Peace.’ Pursuant resolutions 20/15 and 23/16 the Council decided firstly to establish, and secondly to extend the mandate of the Open-Ended Working Group (OEWG aimed at progressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed in its second session (July 2014 the approach of the Chairperson-Rapporteur, which is basically based on the relationship between the right to life and human rights, peace and development.

  7. Human rights, health and the state in Bangladesh

    Directory of Open Access Journals (Sweden)

    Rahman Redwanur M

    2006-04-01

    Full Text Available Abstract Background This paper broadly discusses the role of the State of Bangladesh in the context of the health system and human rights. The interrelation between human rights, health and development are well documented. The recognition of health as a fundamental right by WHO and subsequent approval of health as an instrument of welfare by the Universal Declaration of Human Rights (UDHR and the International Covenant on Social, Economic and Cultural Rights (ICSECR further enhances the idea. Moreover, human rights are also recognized as an expedient of human development. The state is entrusted to realize the rights enunciated in the ICSECR. Discussion In exploring the relationship of the human rights and health situation in Bangladesh, it is argued, in this paper, that the constitution and major policy documents of the Bangladesh government have recognized the health rights and development. Bangladesh has ratified most of the international treaties and covenants including ICCPR, ICESCR; and a signatory of international declarations including Alma-Ata, ICPD, Beijing declarations, and Millennium Development Goals. However the implementation of government policies and plans in the development of health institutions, human resources, accessibility and availability, resource distribution, rural-urban disparity, the male-female gap has put the health system in a dismal state. Neither the right to health nor the right to development has been established in the development of health system or in providing health care. Summary The development and service pattern of the health system have negative correlation with human rights and contributed to the underdevelopment of Bangladesh. The government should take comprehensive approach in prioritizing the health rights of the citizens and progressive realization of these rights.

  8. Rights

    African Journals Online (AJOL)

    respective families during marriage and at the discontinuation of a marriage in the case of ... women.Yet, in line with other research on women's rights in southern Africa. (Griffiths 2001; Hellum 1999), I will argue that the introduction of human ..... consideration is that single women living on their own are often regarded as.

  9. The right to health of prisoners in international human rights law.

    Science.gov (United States)

    Lines, Rick

    2008-01-01

    This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

  10. Talking with a Virtual Human : Controlling the Human Experience and Behavior in a Virtual Conversation

    NARCIS (Netherlands)

    Qu, C.

    2014-01-01

    Virtual humans are often designed to replace real humans in virtual reality applications for e.g., psychotherapy, education and entertainment. In general, applications with virtual humans are created for modifying a person's knowledge, beliefs, attitudes, emotions or behaviors. Reaching these

  11. An Introduction to Human Rights in Southeast Asia

    NARCIS (Netherlands)

    Purnama, H.R.; Sharom, Azmi; Mullen, Matthew; Asuncion, Melizel; Hayes, Michael

    2015-01-01

    When the Southeast Asian Human Rights Studies Network (SEAHRN) was formed in 2009 one of its first activities was the development of a textbook for Southeast Asia students. This was in response to its objective of improving teaching on human rights in Southeast Asian universities. Given that

  12. atraining course in health and human rights for medical students

    African Journals Online (AJOL)

    1997-02-02

    Feb 2, 1997 ... Despite international attention,'J' medical students at. South African training institutions have generally received little teaching on the ethical issues involved or the relationship between health and human rights. Even though leading university academics were at the forefront of challenges to human rights ...

  13. 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

  14. Human Rights-Based Approaches to Mental Health

    Science.gov (United States)

    Bradley, Valerie J.; Sahakian, Barbara J.

    2016-01-01

    Abstract The incidence of human rights violations in mental health care across nations has been described as a “global emergency” and an “unresolved global crisis.” The relationship between mental health and human rights is complex and bidirectional. Human rights violations can negatively impact mental health. Conversely, respecting human rights can improve mental health. This article reviews cases where an explicitly human rights-based approach was used in mental health care settings. Although the included studies did not exhibit a high level of methodological rigor, the qualitative information obtained was considered useful and informative for future studies. All studies reviewed suggest that human-rights based approaches can lead to clinical improvements at relatively low costs. Human rights-based approaches should be utilized for legal and moral reasons, since human rights are fundamental pillars of justice and civilization. The fact that such approaches can contribute to positive therapeutic outcomes and, potentially, cost savings, is additional reason for their implementation. However, the small sample size and lack of controlled, quantitative measures limit the strength of conclusions drawn from included studies. More objective, high quality research is needed to ascertain the true extent of benefits to service users and providers. PMID:27781015

  15. Human Rights-Based Assessment Tool for Citizen Service Centers

    OpenAIRE

    Pfeil, Helene; Schott, Berenike; Agarwal, Sanjay

    2017-01-01

    This note provides practical advice on how to adopt a human rights-based assessment for the design, strategy, and implementation of service delivery by citizen service centers. Designed for World Bank teams conducting preliminary assessments, the tool presented here can also beuseful to clients such as citizen service center managers to deepen their understanding of the value of a human rights ...

  16. institutional mechanisms for human rights protection in nigeria

    African Journals Online (AJOL)

    Mofasony

    legal and institutional mechanisms for protecting the human rights guaranteed in these constitutions. ... U.O. Umuzurike Introduction to international Law, Spectrum Law Publishing, Ibadan, 1995 p.141. 2. G Ezejiofor. ... Liaise and cooperate with local and international organizations on human rights for the purpose of ...

  17. inclusive development as an imperative to realizing the human right ...

    African Journals Online (AJOL)

    RAYAN_

    LAW & POLICY. VOL. 8: 2: 2017. 1. INTRODUCTION. The human right to water and sanitation (HRWS)adopted by the UN. General Assembly in 2010 actually refers to two ... 1 P. Obani and J. Gupta, “Human Right to Sanitation in the Legal and Non-Legal ..... In the narrow legal sense, an international organization is an.

  18. Human Rights Advocacy and National Integration in Niyi Osundare's ...

    African Journals Online (AJOL)

    The paper adopts an interdisciplinary approach to the study of Niyi Osundare's poetry, focusing on human rights advocacy and national integration. It explores and illuminates the concepts of human rights and national integration within the framework of law, isolating the striking features of the concepts replete in Osundare's ...

  19. Resetting relationships: archives and Indigenous human rights in Australia

    NARCIS (Netherlands)

    McKemmish, S.; Iacovino, L.; Ketelaar, E.; Castan, M.; Russell, L.

    2011-01-01

    This paper provides an analysis of the Indigenous human rights agenda and identifies its relevance to Australian archivists.1 Based on this analysis and exploration of how far existing archival programs address archives-related Indigenous human rights issues, it presents a road map and action agenda

  20. The universality of human rights: some pending questions

    African Journals Online (AJOL)

    Sidi Omar

    show a dramatic surge in human rights violations in many countries around the world. ... It may be argued that many cases of human rights violations, notwithstanding the failure of states to honour their international ... universal, are context-specific and hence their interpretation, promotion and application are subject solely ...

  1. Clashing activisms: International human rights organizations and unruly politics

    NARCIS (Netherlands)

    Lettinga, D.; Kaulingfreks, F.N.A.

    2015-01-01

    In this article we address the complex relation between international human rights organizations and unruly activism. We take the Pussy Riot case as a point of departure to illustrate that the institutionalized methods of international human rights organizations can clash with the more radical

  2. Young Children's Enactments of Human Rights in Early Childhood Education

    Science.gov (United States)

    Quennerstedt, Ann

    2016-01-01

    This paper explores ways in which human rights become part of and affect young children's everyday practices in early childhood education and, more particularly, how very young children enact human rights in the preschool setting. The study is conducted in a Swedish preschool through observations of the everyday practices of a group of children…

  3. Human rights and public health working together: an approach to ...

    African Journals Online (AJOL)

    Human rights and public health are two main components of an effective and comprehensive approach to physical and mental well being. However, an important gap remains between theoretical approaches and pragmatic considerations. In the general framework of violence prevention, human rights and public health ...

  4. A Narratable Self as Addressed by Human Rights

    Science.gov (United States)

    Adami, Rebecca

    2017-01-01

    The paper extends the critique in earlier research of human rights as exclusive of otherness and difference by introducing the work of Adriana Cavarero (2000) on a "narratable self." Hence, the formation of human rights is thus about the relations between different narratable selves, not just Western ones. A narrative learning, drawing…

  5. Toward a Critical-Sentimental Orientation in Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos

    2016-01-01

    This paper addresses one of the challenges in human rights education (HRE) concerning the conceptualization of a pedagogical orientation that avoids both the pitfalls of a purely juridical address and a "cheap sentimental" approach. The paper uses as its point of departure Richard Rorty's key intervention on human rights discourse and…

  6. Human Rights Education, Postcolonial Scholarship, and Action for Social Justice

    Science.gov (United States)

    Osler, Audrey

    2015-01-01

    In our global age, educational researchers and practitioners need tools that can be applied in a range of contexts and scales: local, national, and international. This article argues that human rights education (HRE) is a site of struggle in which human rights and democracy need to be constantly renewed. It contextualizes HRE within a critical,…

  7. Human Rights and History Education: An Australian Study

    Science.gov (United States)

    Burridge Nina; Buchanan, John; Chodkiewicz, Andrew

    2014-01-01

    The place of education for and about human rights within the school curriculum remains contested and this paper reports on the first national cross-sectoral investigation of its place in Australian curricula and more specifically in national and state History curriculum documents. Opportunities for the inclusion of human rights based studies were…

  8. Professionalizing a Global Social Movement: Universities and Human Rights

    Science.gov (United States)

    Suarez, David; Bromley, Patricia

    2012-01-01

    Research on the human rights movement emphasizes direct changes in nation-states, focusing on the efficacy of treaties and the role of advocacy in mitigating immediate violations. However, more than 140 universities in 59 countries established academic chairs, research centers, and programs for human rights from 1968-2000, a development that…

  9. Teaching "Islam and Human Rights" in the Classroom

    Science.gov (United States)

    Muedini, Fait A.

    2012-01-01

    This article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are…

  10. Maternal health and human rights | Ratsma | Malawi Medical Journal

    African Journals Online (AJOL)

    In Malawi the maternal mortality ratio is extremely high. Since almost all maternal deaths are avoidable, maternal mortality is also an issue of human rights. This paper examines the root causes of high maternal mortality in Malawi and applies a human rights-based approach to the reduction of maternal mortality.

  11. Interdisciplinary Teaching of Theatre and Human Rights in Honors

    Science.gov (United States)

    Szasz, Maria

    2017-01-01

    Since spring 2012, the author has taught a 300-level Theatre and Human Rights class in the University of New Mexico Honors College. One of the centerpieces of honors education is careful research and thorough analysis of what is taught and why it is taught. In creating the honors class Theatre and Human Rights, the author explored how she would…

  12. Unilateral trade sanctions as a means to combat human rights ...

    African Journals Online (AJOL)

    Some developed countries have used unilateral trade sanctions against governments that have allegedly been engaged in gross violations of human rights as a tool to force such governments to comply with basic human rights standards. Even though unilateral trade sanctions might be targeted against governments that ...

  13. Images of Struggle: Teaching Human Rights with Graphic Novels

    Science.gov (United States)

    Carano, Kenneth T.; Clabough, Jeremiah

    2016-01-01

    The authors explore how graphic novels can be used in the middle and high school social studies classroom to teach human rights. The article begins with a rationale on the benefits of using graphic novels. It next focuses on four graphic novels related to human rights issues: "Maus I: A Survivor's Tale: My Father Bleeds" (Speigelman…

  14. Human Rights Education: Imaginative Possibilities for Creating Change

    Science.gov (United States)

    Bajaj, Monisha

    2015-01-01

    Background/Context: Human rights education has proliferated in the past four decades and can be found in policy discussions, textbook reforms, and grassroots initiatives across the globe. This article specifically explores the role of creativity and imagination in human rights education (HRE) by focusing on a case study of one non-governmental…

  15. human rights under the ethiopian constitution: ad escriptive overview

    African Journals Online (AJOL)

    eliasn

    Human Rights and International Law (SAIFAC) 'Business and Human Rights: The responsibilities of ... Considering the effects of globalization and the ever increasing presence of foreigners and the increasing ..... the charge may entail. 55 This provision may be invoked to challenge the constitutionality of the Federal Courts.

  16. The Birth of the Universal Declaration of Human Rights.

    Science.gov (United States)

    Cooper, Michael

    1998-01-01

    Outlines the history of the ideals and enactment of the United Nations' Universal Declaration of Human Rights (UDHR). Includes a discussion of the origins of the concept of human rights, the impact of World War II, the role of nongovernmental organizations, and the process of drafting and adopting the UDHR. (DSK)

  17. Human Rights and Values Education: Using the International Standards.

    Science.gov (United States)

    Reardon, Betty A.

    1994-01-01

    Asserts that, in teaching about human rights, the international standards should be the fundamental core of the content and values to be communicated. Recommends that teachers should use the Universal Declaration of Human Rights as the standard by which the actions of individuals and governments should be compared. (CFR)

  18. Universal Declaration of Human Rights: 40th Anniversary.

    Science.gov (United States)

    Adams, Juanita, Ed.

    December 10, 1988, marks the 40th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights. The Declaration represents the first comprehensive, global statement on basic human rights, embracing many of the values long held by U.S. citizens; and it urges all peoples and all nations to promote respect for the…

  19. strategies for implementing human rights education in nigeria

    African Journals Online (AJOL)

    (vi) The promotion of people-centered sustainable development and social justice. It should be noted here that provision on human rights education have been incorporated in many international instruments including; a. The Universal Declaration of Human. Rights (article 26); b. The international Covenant on Economic,.

  20. The Ebola Virus and Human Rights Concerns in Africa

    African Journals Online (AJOL)

    AJRH Managing Editor

    2015-09-03

    Sep 3, 2015 ... privacy, equality, health, shelter, food and family life. In addition, human rights are founded on .... may further erode the enjoyment of other human rights such as access to food and health care39. With regard .... the interest of justice, has the duty to act in order to address EVD irrespective of where it occurs.

  1. [Ethics, inequality, poverty and human rights in psychiatry].

    Science.gov (United States)

    Pérez De Nucci, Armando M

    2007-01-01

    This article aims to show the existence of important failures in the field of Human Rights and equal possibilities in health. Human rights are analyzed an developed in the field of public and social health in our country. Ethics is the main field proposed to reach solutions in the context on EPEP (Etica para la erradicación de la pobreza).

  2. Towards a Human Rights Culture in Social Work Education.

    Science.gov (United States)

    Werkmeister Rozas, Lisa; Garran, Ann Marie

    2016-06-01

    A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities.

  3. Visual graphics for human rights, social justice, democracy and the ...

    African Journals Online (AJOL)

    The article presents a study using an action research approach in the classroom between 2005–2010, in order to inculcate awareness of human rights among ... The critical outcomes impact positively on the use of graphic images in the curriculum as a visual methodology to re-insert the discourse of human rights as a basic ...

  4. The Netherlands and the Development of International Human Rights Instruments

    NARCIS (Netherlands)

    Reiding, H.

    2007-01-01

    When discussing the Netherlands' international human rights policies, the first aspects to come to mind are usually those related to how it addresses and reacts to concrete human rights violations by other countries. In fact, there sometimes appears to be a tendency for public opinion to identify a

  5. Teacher Perspectives on Civic and Human Rights Education

    Science.gov (United States)

    Kuran, Kezban

    2014-01-01

    This study aims to obtain teacher perspectives on the civic and human rights education course included in the eighth grade curriculum in Turkish schools. The study group was selected with criterion sampling from among teachers who were teaching the eighth grade civic and human rights education at elementary schools in central Hatay. Using the…

  6. Page | 47 A PHILOSOPHY OF HUMAN RIGHTS LAW IN NIGERIA ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Key words: Human Rights, the Philosophic, Jural Relations, Intersubjectivity, Nigeria. 1. Introduction. The subject of human rights is of concern to sundry disciplines such as sociology, political science, law, history, education, religion, theology, psychology, and so on. Yet the nature of jurisprudence or legal philosophy as ...

  7. Towards a Human Rights Culture in Social Work Education

    Science.gov (United States)

    Werkmeister Rozas, Lisa; Garran, Ann Marie

    2016-01-01

    A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities. PMID:27559204

  8. Human Rights Education and the International Baccalaureate Diploma Programme

    Science.gov (United States)

    Froman, Nica

    2015-01-01

    In 2003, the International Baccalaureate Diploma Programme (IBDP)--a program implemented in thousands of schools globally--introduced a human rights course (Makivirta, 2003). This curriculum is the first of its kind to hold potential widespread influence on human rights education in the formal education sector. In this study, I analyze the…

  9. Inclusive development as an imperative to realizing the human right ...

    African Journals Online (AJOL)

    There are a plethora of governance instruments for operationalizing human rights obligations on water and sanitation at multiple levels of governance. The realization that the human right to water and sanitation depends on the discourses and approaches used in a country to implement it implies that it is not self-evident that ...

  10. 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.

  11. Discrimination against women and the human rights of women

    Directory of Open Access Journals (Sweden)

    Žunić Natalija

    2014-01-01

    Full Text Available This paper investigates the concept of the human rights of women and its connection with the phenomenon and the instances of discrimination against women. Discrimination against women, its social visibility and the fight against it, within the idea of the rights and the equality of women, are a source of many theoretical debates. Academic discussions and a powerful influence of the women's movement have brought about the establishment and the exercise of the human rights of women at different levels of the public and the private spheres of society, as a substantial part of the universal regime of human rights.

  12. Human rights, ethical principles, and standards in forensic psychology.

    Science.gov (United States)

    Ward, Tony; Gannon, Theresa; Vess, Jim

    2009-04-01

    Human rights create a protective zone around persons and allow them the opportunity to further their valued personal projects without interference from others. This article considers the relationship between human rights and the general ethical principles and standards contained in the American Psychological Association's (APA's) code of ethics as applied to the forensic domain. First, it analyzes the concept of human rights, their structure, and their justification. Second, it briefly describes the APA's most recent code of ethics and the principles and standards that compose it. Third, it concludes by explicitly examining the relationship between the present human rights model and the APA's code, demonstrating how it is able to provide an additional ethical resource for forensic practitioners in their clinical work and so deepen their ethical sensibilities and decision making. Finally, the article presents a case study and discusses the human rights issues confronting practitioners inherent in such situations.

  13. Human rights, public health and medicinal cannabis use.

    Science.gov (United States)

    Bone, Melissa; Seddon, Toby

    2016-01-01

    This paper explores the interplay between the human rights and drug control frameworks and critiques case law on medicinal cannabis use to demonstrate that a bona fide human rights perspective allows for a broader conception of 'health'. This broad conception, encompassing both medicalised and social constructionist definitions, can inform public health policies relating to medicinal cannabis use. The paper also demonstrates how a human rights lens can alleviate a core tension between the State and the individual within the drug policy field. The leading medicinal cannabis case in the UK highlights the judiciary's failure to engage with an individual's human right to health as they adopt an arbitrary, externalist view, focussing on the legality of cannabis to the exclusion of other concerns. Drawing on some international comparisons, the paper considers how a human rights perspective can lead to an approach to medicinal cannabis use which facilitates a holistic understanding of public health.

  14. 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. Copyright © 2013 Gable and Meier. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  15. Parabens and Human Epidermal Growth Factor Receptor Ligand Cross-Talk in Breast Cancer Cells.

    Science.gov (United States)

    Pan, Shawn; Yuan, Chaoshen; Tagmount, Abderrahmane; Rudel, Ruthann A; Ackerman, Janet M; Yaswen, Paul; Vulpe, Chris D; Leitman, Dale C

    2016-05-01

    Xenoestrogens are synthetic compounds that mimic endogenous estrogens by binding to and activating estrogen receptors. Exposure to estrogens and to some xenoestrogens has been associated with cell proliferation and an increased risk of breast cancer. Despite evidence of estrogenicity, parabens are among the most widely used xenoestrogens in cosmetics and personal-care products and are generally considered safe. However, previous cell-based studies with parabens do not take into account the signaling cross-talk between estrogen receptor α (ERα) and the human epidermal growth factor receptor (HER) family. We investigated the hypothesis that the potency of parabens can be increased with HER ligands, such as heregulin (HRG). The effects of HER ligands on paraben activation of c-Myc expression and cell proliferation were determined by real-time polymerase chain reaction, Western blots, flow cytometry, and chromatin immunoprecipitation assays in ERα- and HER2-positive human BT-474 breast cancer cells. Butylparaben (BP) and HRG produced a synergistic increase in c-Myc mRNA and protein levels in BT-474 cells. Estrogen receptor antagonists blocked the synergistic increase in c-Myc protein levels. The combination of BP and HRG also stimulated proliferation of BT-474 cells compared with the effects of BP alone. HRG decreased the dose required for BP-mediated stimulation of c-Myc mRNA expression and cell proliferation. HRG caused the phosphorylation of serine 167 in ERα. BP and HRG produced a synergistic increase in ERα recruitment to the c-Myc gene. Our results show that HER ligands enhanced the potency of BP to stimulate oncogene expression and breast cancer cell proliferation in vitro via ERα, suggesting that parabens might be active at exposure levels not previously considered toxicologically relevant from studies testing their effects in isolation. Pan S, Yuan C, Tagmount A, Rudel RA, Ackerman JM, Yaswen P, Vulpe CD, Leitman DC. 2016. Parabens and human epidermal

  16. Human rights advances in women's reproductive health in Africa.

    Science.gov (United States)

    Ngwena, Charles G; Brookman-Amissah, Eunice; Skuster, Patty

    2015-05-01

    The African Commission on Human and Peoples' Rights recently adopted General Comment No 2 to interpret provisions of Article 14 of the Protocol to the African Charter on the Rights Women. The provisions relate to women's rights to fertility control, contraception, family planning, information and education, and abortion. The present article highlights the General Comment's potential to promote women's sexual and reproductive rights in multiple ways. The General Comment's human rights value goes beyond providing states with guidance for framing their domestic laws, practices, and policies to comply with treaty obligations. General Comment No 2 is invaluable in educating all stakeholders-including healthcare providers, lawyers, policymakers, and judicial officers at the domestic level-about pertinent jurisprudence. Civil society and human rights advocates can use the General Comment to render the state accountable for failure to implement its treaty obligations. Copyright © 2015 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  17. Rights, regulation and bureaucratic impact: The impact of human ...

    African Journals Online (AJOL)

    In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a case study of such impact, this article considers the effects of human rights litigation on the regulation of ...

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

    African Journals Online (AJOL)

    Fr. Ikenga

    2007-09-21

    Sep 21, 2007 ... It gives the High Court original jurisdiction to hear and determine any application made to it .... on the Rights of Womenin Africa. 43 Gasiokwu M., Human Rights, History, ideology, and Law (Jos: Fab Educational Books, 2003), p. 5. ..... Internationalization of Natural Rights. In the international fora, the earliest ...

  19. 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.

  20. HOW UNIVERSAL ARE THE UNIVERSAL HUMAN RIGHTS TODAY?

    Directory of Open Access Journals (Sweden)

    Lia-Alexandra BALTADOR

    2016-12-01

    Full Text Available This paper aims to contribute to a constructive debate on human rights. The two World Wars of the last century brought about the creation of the United Nations aimed “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”. Only three years later the Universal Declaration of the Human Rights was elaborated and promoted by the UN, considered to be the foundation of international human rights law. Today, as globalization brings all closer together in a “global village”, one can see that there are many ways to perceive and guarantee human rights, in different states, but also within different states. Poverty, illiteracy, censorship, cruel treatment and even the lack of guarantee for the right to life are, unfortunately, the norm for many people of the world. Such observations bring up questions regarding the legitimacy, universality and coherence of human rights.

  1. 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.

  2. The human right to sustainable development in solidarity with Nature

    Directory of Open Access Journals (Sweden)

    Anya Teresa Parrilla Díaz

    2017-06-01

    Full Text Available This article addresses the issue of human development as a universal right subjected to the welfare of Nature. Nature is presented as supporter of life and supplier of the essential resources needed to achieve a complete human development. In light of the global ecological crisis, the author proposes sustainable development as the central framework for a new human development that can be fairer to Nature and to mankind. The challenge of sustainable human development consists in viewing Nature from an ethical perspective of human rights and solidarity.

  3. Multiculturalism and Human Rights: Experiences and Methodological Approaches

    OpenAIRE

    García Añón, José; Leye, Els

    2010-01-01

    Ponencia sobre experiencias y aproximación metodológica en multiculruralismo y derechos humanos. Human Rights and integration: and appraisal from Europe. Conference on Human Rigths Research Centres and Institutes. December 2-3, 2010. Institut de Drets Humans. Universitat de València.Duración: 25M

  4. Educating Teachers about Human Rights: Building a Rights Based Culture in Australian Schools

    Science.gov (United States)

    Burridge, Nina; Chodkiewicz, Andrew

    2017-01-01

    A well-educated active citizenry is the primary aim of our education systems. An essential component of a well-educated citizenry in a civil society is its understanding of the value of human rights and what it means to live with dignity in a community, where rights and freedoms are protected. This paper uses evidence from international and…

  5. Grassroots Responsiveness to Human Rights Abuse: History of the Washtenaw Interfaith Coalition for Immigrant Rights

    Science.gov (United States)

    Sanders, Laura; Martinez, Ramiro; Harner, Margaret; Harner, Melanie; Horner, Pilar; Delva, Jorge

    2013-01-01

    The purpose of this article is to discuss how a community agency based in Washtenaw County, the Washtenaw Interfaith Coalition for Immigration Rights (WICIR), emerged in response to increasing punitive immigration practices and human rights abuses toward the Latino community. The article discusses how WICIR is engaged in advocacy, community…

  6. The right to family unification : between migration control and human rights

    NARCIS (Netherlands)

    Klaassen, Mark Arnoldus Karel

    2015-01-01

    The central question in this book is whether there is a human right to family unification. This book identifies the key elements of the right to family unification. By investigating different sources of international, European and domestic law, it assesses whether and how the different legal systems

  7. Maternity care and Human Rights: what do women think?

    Science.gov (United States)

    Solnes Miltenburg, Andrea; Lambermon, Fleur; Hamelink, Cees; Meguid, Tarek

    2016-07-02

    A human rights approach to maternal health is considered as a useful framework in international efforts to reduce maternal mortality. Although fundamental human rights principles are incorporated into legal and medical frameworks, human rights have to be translated into measurable actions and outcomes. So far, their substantive applications remain unclear. The aim of this study is to explore women's perspectives and experiences of maternal health services through a human rights perspective in Magu District, Tanzania. This study is a qualitative exploration of perspectives and experiences of women regarding maternity services in government health facilities. The point of departure is a Human Rights perspective. A total of 36 semi-structured interviews were held with 17 women, between the age of 31 and 63, supplemented with one focus group discussion of a selection of the interviewed women, in three rural villages and the town centre in Magu District. Data analysis was performed using a coding scheme based on four human rights principles: dignity, autonomy, equality and safety. Women's experiences of maternal health services reflect several sub-standard care factors relating to violations of multiple human rights principles. Women were aware that substandard care was present and described a range of ways how the services could be delivered that would venerate human rights principles. Prominent themes included: 'being treated well and equal', 'being respected' and 'being given the appropriate information and medical treatment'. Women in this rural Tanzanian setting are aware that their experiences of maternity care reflect violations of their basic rights and are able to voice what basic human rights principles mean to them as well as their desired applications in maternal health service provision.

  8. International Human Rights Law and the Right to water: a Brazilian Perspective

    Directory of Open Access Journals (Sweden)

    César Yip

    2016-01-01

    Full Text Available This article discusses the recognition of the right to water in international human rights law and its implications. After demonstrating the disputes with respect to the interpretation of this right, it outlines the Brazilian contribution in regard to its incorporation in domestic law. Jurisprudence on the suspension of water supply due to non-payment is taken as a case study of the question of access to water and sanitation.

  9. TRANS-SEXUALITY AND HUMAN RIGHTS: JURIDICAL TUTELAGE TO THE RIGHT TO IDENTITY

    OpenAIRE

    Sturza, Janaína Machado; Universidade Regional do Noroeste do Estado do Rio Grande do Sul; Schorr, Janaína Soares; Universidade Regional do Noroeste do Estado do Rio Grande do Sul

    2015-01-01

    Current paper analyzes tutelage to the right to identity with regard to trans-sexual people. The concept and history of trans-sexuality is followed by an analysis of sexual identity and the right to have a sexual identity even though different from that initially transcribed on the birth certificate, as a confirmation of the right of the personality in each human being. A bibliographical survey is undertaken analyzing the doctrines on the theme in the Brazilian constitution and in decisions o...

  10. Right of Progeny and Cairo Declaration of Human Rights in Islam

    Directory of Open Access Journals (Sweden)

    Haleema Ashfaq

    2017-01-01

    Full Text Available Abstract The first main objective of Maqasid I Shari`ah is the completion of human’s necessity; in which protection of progeny (nasl is the foremostpurpose. The preservation of lineage is greatly emphasized by the Islamic Shariah and the Cairo declaration of human rights in Islam also supported the protection of lineage in Islam. All the articles of CDHRI covered the five basic human rights mentioned in Maqasid I Shariah. The research is focused on delineating the concept of protection of lineage as one of the main objective of Shariah and it is supported by evidences from Cairo Declaration of Human Rights in Islam along with Quranic verses and traditions of the Holy Prophet (S.A.W. The aspects covered in the paper range from discussion of right of progeny as well as equal rights of progeny for male and female; rights of children with the hierarchy of their rights from the stage of fetus, having proper nursing, caring, education and a healthy beginning of life. The comparative analysis based on arguments of Shariah and the CDHRI proves that it is the basic objective of Shariah to protect all fundamental rights and right of progeny has the foremost significance in it.

  11. Democracy and human rights: a paradox for migration policy.

    Science.gov (United States)

    Hill, L B

    1997-01-01

    This article seeks to 1) stimulate debate on the tension between democracy and human rights that arises from the fact that the organizational unit of modern democracy remains the state, which is incompatible with the quest for transnational human rights based on a transcendent human identity, and 2) explore this tension as it is revealed in migration policy in South Africa. The introduction of the article critiques the criticisms offered by contemporary writers as grounds for an overhaul of current migration policy. Next, the article presents an analysis of modern, state-based democracy and of the rise of international human rights, with a focus on the following trends: 1) development of the notion of citizenship resulting from a view of the state as the guarantor but not the progenitor of rights, 2) the growth of human rights traditions in industrialized democracies as judicial activism countered populist and nationalist inclinations of national legislatures, and 3) the growth of an international human rights juridical tradition. The article then highlights the issues raised within the migration policy debate in South Africa since 1994 and examines the 1997 Draft Green Paper on International Migration. It is concluded that, because South Africa fits the general pattern of a receiving state, an overly ambitious human rights approach to immigration will conflict with the exigencies of the new democracy as it builds institutional capacity.

  12. 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.

  13. Amartya Sen o prawach człowieka [Sen on human rights

    Directory of Open Access Journals (Sweden)

    Katarzyna Guczalska

    2014-12-01

    Full Text Available The article discusses the idea of ‘human rights’ and the Amartya Sen’s reflections on that topic. By assumption, Sen does not present a catalogue of human rights, yet he claims that the language of human rights can be used to talk about the so-called human capabilities (the main concept of Sen’s theory. The aporia that exists in the current paradigm of human rights consists in the fact that it has been based on a few (liberal foundations, while, on the other hand, it has been extended into a broad system of individual rights/entitlements conflicting with their foundation. Each of those systems of rights entails a specific vision of social life. The liberal tradition postulates the existence of a minimal state, which guards freedom, life and property. In the leftist tradition, in contrast, there is postulated the existence of a welfare state, which satisfies people’s ever growing needs, based on an extensive bureaucracy and high taxes – under the patronage of the idea of social justice. Those social visions cannot be reconciled – they lead to conflicts. In this text, I present the problem of inconsistency and tension within the ‘human rights’, contrasting Amartya Sen’s theory with classical liberalism of John Locke. I claim that assessment of the contemporary ‘human rights’ theory should depend on whether a given theory is capable of proper determination and – at least to some extent – solving the problem of incoherence and tensions present in the Western ‘human rights’ paradigm. It seems that Sen’s conception cannot meet that challenge.

  14. THE RIGHT TO SUTURES: SOCIAL EPIDEMIOLOGY, HUMAN RIGHTS, AND SOCIAL JUSTICE

    Science.gov (United States)

    Venkatapuram, Sridhar; Bell, Ruth; Marmot, Michael

    2013-01-01

    The article examines the convergences and contrasts between social epidemiology, social medicine, and human rights approaches toward advancing global health and health equity. The first section describes the goals and work of the WHO Commission on Social Determinants of Health. The second section discusses the role of human rights in the Commission’s work. The third section evaluates, from the perspective of social epidemiology, two rights-based approaches to advancing health and health equity as compared to a view that focuses more broadly on social justice. The concluding section identifies four areas where social epidemiologists, practitioners of social medicine, and health and human rights advocates can and must work together in order to make progress on health and health equity. PMID:21178186

  15. The American Physical Society's Defense of Human Rights

    CERN Document Server

    Gerjuoy, Edward

    2015-01-01

    The history of APS 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 Society 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. It is noteworthy, and one of the reasons the Society can be proud, that this Committee is charged with monitoring concerns regarding human rights for scientists, not solely for physicists.

  16. AGAINST A TRAINING FOR AN EDUCATION IN HUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    Alexandre Marinho Pimenta

    2012-06-01

    Full Text Available The theme of Human Rights is now consensual even in the counter-ideologies of the contemporary world. In support of mainly on theory and cultural criticism of slovenian Slavoj Zizek and the marxist theory, from a review of the literature, this article of exploratory nature, aims demonstrate how the Human Rights are today a liberal consensus and ideological very useful for capitalist hegemony of the post-cold war. Perceives the risk of advocating the theme of Human Rights as central to emancipatory education and training for it.

  17. Identity and the Hegemony of Universal Human Rights

    Directory of Open Access Journals (Sweden)

    Tony Evans

    2017-01-01

    Full Text Available Human rights are commonly portrayed as a narrative that passes through several chapters before reaching its inevitable conclusion. This narrative begins with the horror of Nazism, moves to the centrality of human rights in the UN Charter, eulogizes the Universal Declaration, celebrates the achievements of standard setting as set out in the major covenants, offers detailed analysis of methods of monitoring and, finally, speculates on the future of compliance. This narrative is sustained, firstly, by ‘naturalist’ foundationalism and, secondly, by a widely held assumptions about the move towards ‘settled norms’ in the contemporary world order. Although some pessimism is voiced over continued reports of torture, genocide, structural economic deprivation, disappearances, ethnic cleansing, political prisoners, the suppression of trade union rights, gender inequality, religious persecution, and many other violations of internationally agreed human rights, most commentators and activists tacitly adopt an optimistic stance that envisages a future rights based international order. The still prevalent naturalist account of human rights, together with a narrative that boasts ‘settled norms’, suggests that the human rights regime represents a final ‘truth’ about the essential nature of all humankind; a common identity that describes the individual in an increasingly globalized world. This paper interrogates the ‘naturalist-settled norm’ account of human rights from the perspective of power and knowledge. It begins by distinguishing between the international human rights regime and the global discourse of human rights. The former adopts a legal approach, where the neutral, value-free, unbiased and impartial nature of the law is tacitly accepted. The latter refers to human rights as social, political and economic practice, and must therefore include an account of power. From this perspective, the discourse of human rights might be said to

  18. CRIMES AGAINST HUMANITY: GLOBAL JUSTICE AND THE HUMAN RIGHTS DISCOURSE

    National Research Council Canada - National Science Library

    Laura Bernal Bermúdez

    2014-01-01

    .... Although international criminal law has recently been imagined as the scenario or theatre to reinforce the existence of a 'political community of justice' based on our common humanity, it has not...

  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. Human Rights and Private Ordering in Virtual Worlds

    Science.gov (United States)

    Oosterbaan, Olivier

    This paper explores the application of human rights in (persistent) virtual world environments. The paper begins with describing a number of elements that most virtual environments share and that are relevant for the application of human rights in such a setting; and by describing in a general nature the application of human rights between private individuals. The paper then continues by discussing the application in virtual environments of two universally recognized human rights, namely freedom of expression, and freedom from discrimination. As these specific rights are discussed, a number of more general conclusions on the application of human rights in virtual environments are drawn. The first general conclusion being that, because virtual worlds are private environments, participants are subject to private ordering. The second general conclusion being that participants and non-participants alike have to accept at times that in-world expressions are to an extent private speech. The third general conclusion is that, where participants represent themselves in-world, other participants cannot assume that such in-world representation share the characteristics of the human player; and that where virtual environments contain game elements, participants and non-participants alike should not take everything that happens in the virtual environment at face value or literally, which does however not amount to having to accept a higher level of infringement on their rights for things that happen in such an environment.

  1. Attribution, Responsibility and Jurisdiction in International Human Rights Law

    Directory of Open Access Journals (Sweden)

    Lucius Caflisch

    2017-03-01

    Full Text Available This paper deals with the attribution of responsibility to States Parties for violations of selected multilateral human rights treaties outside their territory, and the jurisdiction of the treaty organs over such violations. Jurisdiction over human rights violations may result from territorial sovereignty, but also from quasi-territorial domination (occupation and similar situations, jurisdiction over marine spaces or from the exercise of personal jurisdiction such as activities by consular, diplomatic, or intelligence agents in foreign countries, acts by or on vessels on the high seas, or on air or space craft. For each of the treaty systems examined (African Charter of Human and Peoples’ Rights, American Convention on Human Rights, United Nations Covenant on Civil and Political Rights, European Convention on Human Rights, this contribution describes the system’s general features, its provisions on jurisdiction, and most importantly, the practices it generates. This allows for a number of conclusions: that all the mechanisms examined contain some compulsory elements, that all of them except the African system contain pertinent rules, and that all of these  mechanisms apply the classical rules of international law on the exercise of quasi-territorial and personal jurisdiction. States are responsible for the breaches of human rights standards committed by their agents and organs in the exercise of such jurisdiction, and treaty organs are entitled to deal with such breaches.

  2. Multinational corporations and infectious disease: Embracing human rights management techniques.

    Science.gov (United States)

    Salcito, Kendyl; Singer, Burton H; Weiss, Mitchell G; Winkler, Mirko S; Krieger, Gary R; Wielga, Mark; Utzinger, Jürg

    2014-01-01

    Global health institutions have called for governments, international organisations and health practitioners to employ a human rights-based approach to infectious diseases. The motivation for a human rights approach is clear: poverty and inequality create conditions for infectious diseases to thrive, and the diseases, in turn, interact with social-ecological systems to promulgate poverty, inequity and indignity. Governments and intergovernmental organisations should be concerned with the control and elimination of these diseases, as widespread infections delay economic growth and contribute to higher healthcare costs and slower processes for realising universal human rights. These social determinants and economic outcomes associated with infectious diseases should interest multinational companies, partly because they have bearing on corporate productivity and, increasingly, because new global norms impose on companies a responsibility to respect human rights, including the right to health. We reviewed historical and recent developments at the interface of infectious diseases, human rights and multinational corporations. Our investigation was supplemented with field-level insights at corporate capital projects that were developed in areas of high endemicity of infectious diseases, which embraced rights-based disease control strategies. Experience and literature provide a longstanding business case and an emerging social responsibility case for corporations to apply a human rights approach to health programmes at global operations. Indeed, in an increasingly globalised and interconnected world, multinational corporations have an interest, and an important role to play, in advancing rights-based control strategies for infectious diseases. There are new opportunities for governments and international health agencies to enlist corporate business actors in disease control and elimination strategies. Guidance offered by the United Nations in 2011 that is widely embraced

  3. Commercial surrogacy and the human right to autonomy.

    Science.gov (United States)

    Sifris, Ronli

    2015-12-01

    Arguments against commercial surrogacy frequently focus on the rights of the surrogate. For-example, those opposed to commercial surrogacy often argue that surrogacy arrangements amount to the exploitation of women and the commodification of their wombs. Phrased in the language of rights, such arguments draw on the right to be free from degrading treatment and the right to be free from discrimination. In contrast, those who support commercial surrogacy refute the arguments relating to exploitation and commodification and cite the right to work and more commonly the right to privacy/autonomy as the key rights in question. This article focuses on the human right to autonomy and interrogates whether prohibitions on commercial surrogacy violate the right of a woman to choose to be a surrogate.

  4. 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.

  5. Universal System of Human Rights Protection: analysis of the reports of the Human Rights Committee in Latin America

    Directory of Open Access Journals (Sweden)

    Karen Giovanna Añaños Bedriñana

    2016-06-01

    Full Text Available The aim of this article is to know the structures and the functioning of the universal system of human rights protection and to analyze the different types of violation of human rights in Latin America region, reflected in the Reports of the Human Rights Committee of the United Nations. These Reports expose the progresses and difficulties in the application of the International Convention on Civil and Political Rights by states, in further violation of human rights become visible. These are observed, in general, in the case of women, penitentiary conditions of the prisoners, fragile groups, impunity of those responsible, and so on, likewise a specific analysis is done in some countries additional questions. In summary, it is attempted to issue a series of suggestions and recommendations with the purpose to improve the application of the Covenant and to provide the basis for Peace Research, whose benefits will impact on the whole society and the citizens of these countries.

  6. Victims‘ rights: The European court of human rights' practice and legislation in Serbia

    Directory of Open Access Journals (Sweden)

    Kovačević Milica

    2015-01-01

    Full Text Available The paper deals with rights and position of victims in international documents, with special reference to the standards created by the European Court of Human Rights through its practice. This paper aims to provide brief analysis of some of the most important international documents, which set forth basic rights for victims, including: right to participate in the criminal proceedings, right to protection and the right to compensation. The paper intends to analyze these key right (standards, principles through relevant case law of the European Court of Human Rights, given that the wording of the relevant documents does not determine what entails the realization of a specific standard in real life. The main purpose of the article is to examine the compliance of regulations and practices in Serbia with international standards on the status and the rights of victims, from which some recommendations for improvement might arise. [Projekat Ministarstva nauke Republike Srbije, br. 179044: Razvoj metodologije evidentiranja kriminaliteta kao osnova efikasnih mera za njegovo suzbijanje i prevenciju

  7. Voluntary, human rights-based family planning: a conceptual framework.

    Science.gov (United States)

    Hardee, Karen; Kumar, Jan; Newman, Karen; Bakamjian, Lynn; Harris, Shannon; Rodríguez, Mariela; Brown, Win

    2014-03-01

    At the 2012 Family Planning Summit in London, world leaders committed to providing effective family planning information and services to 120 million additional women and girls by the year 2020. Amid positive response, some expressed concern that the numeric goal could signal a retreat from the human rights-centered approach that underpinned the 1994 International Conference on Population and Development. Achieving the FP2020 goal will take concerted and coordinated efforts among diverse stakeholders and a new programmatic approach supported by the public health and human rights communities. This article presents a new conceptual framework designed to serve as a path toward fulfilling the FP2020 goal. This new unifying framework, which incorporates human rights laws and principles within family-planning-program and quality-of-care frameworks, brings what have been parallel lines of thought together in one construct to make human rights issues related to family planning practical. © 2014 The Population Council, Inc.

  8. A Historical Study of Contemporary Human Rights: Deviation or Extinction?

    Directory of Open Access Journals (Sweden)

    Tanel Kerikmäe

    2016-10-01

    Full Text Available Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the “purist” approach to human rights. The EU Charter, as the most eminent and contemporary “bill of rights”, is chosen as an example of the divergence from “traditional values”. The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.

  9. Using Human Rights Cases to Teach about Prejudice and Discrimination.

    Science.gov (United States)

    Power, Donald

    1983-01-01

    High school students analyze real-life case studies, taken from the files of the Ontario Human Rights Commission, to learn about the effects of prejudice, stereotyping, and discrimination with regard to native people in Canada. (RM)

  10. Disaster risk mitigation – why human rights matter

    Directory of Open Access Journals (Sweden)

    Walter Kälin

    2008-10-01

    Full Text Available Existing human rights obligations already require states totake measures to mitigate the risks of natural or man-madedisasters – including those due to climate change – and thusto prevent displacement.

  11. Climate change as a business and human rights issue?

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    This paper questions whether human rights are relevant to framing corporate responsibility in regard to climate change. Expanding the holders of human rights duties to also include private actors such as business corporations is becoming widely accepted due to the success of John Ruggie’s UN...... Guiding Principles (2008, 2011). However, the scope of corporate responsibilities is constrained to merely ‘respecting’ human rights. Moreover, it is unclear how, if at all, climate change can be considered part of the concern of the Guiding Principles. The fact that the UN High Commissioner on Human...... Rights includes business corporations on a par with states as duty-carriers in regard to the issue of climate change (OHCHR 2015), expands business responsibilities beyond the Guiding Principles restriction to ‘respect’. Also, considering recent research revealing that the carbon majors (e.g. Shell, BP...

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

    African Journals Online (AJOL)

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

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

    Directory of Open Access Journals (Sweden)

    Wellington Lourenço de Almeida

    2011-01-01

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

  14. BODIL BEGTRUP AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Individual agency, transnationalism and intergovernmentalism in early UN human rights

    DEFF Research Database (Denmark)

    Midtgaard, K.

    2011-01-01

    on the Status of Women, and president of a national NGO. This article shows how Begtrup enjoyed wide room for manoeuvre in the subfield of women's rights, and acted in this as a transnational norm entrepreneur and process entrepreneur advocating women's rights as an integral part of human rights and forging...... the change of the institutional design of the UN human rights institutions. In the subfield of minority rights, refugee and asylum policy, Begtrup acted under tight governmental control because the issue at hand was subject to national interest and domestic party politics. Her agency in the two subfields...... shows how internationalism was a predominant feature in the early shaping of UN human rights. Transnationalism occurred when the subfield in question was not affected by national interest....

  15. Applying human rights to maternal health: UN Technical Guidance on rights-based approaches.

    Science.gov (United States)

    Yamin, Alicia Ely

    2013-05-01

    In the last few years there have been several critical milestones in acknowledging the centrality of human rights to sustainably addressing the scourge of maternal death and morbidity around the world, including from the United Nations Human Rights Council. In 2012, the Council adopted a resolution welcoming a Technical Guidance on rights-based approaches to maternal mortality and morbidity, and calling for a report on its implementation in 2 years. The present paper provides an overview of the contents and significance of the Guidance. It reviews how the Guidance can assist policymakers in improving women's health and their enjoyment of rights by setting out the implications of adopting a human rights-based approach at each step of the policy cycle, from planning and budgeting, to ensuring implementation, to monitoring and evaluation, to fostering accountability mechanisms. The Guidance should also prove useful to clinicians in understanding rights frameworks as applied to maternal health. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  16. Appendix A: The Universal Declaration of Human Rights

    OpenAIRE

    2017-01-01

    Note: the below text has been annotated with labels for each of the clauses and provisions (in bold). The Commission refers to these labels throughout the report. PREAMBLE [the inherent dignity clause] Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, [the barbarism and aspiration clause] Whereas disregard and contempt for human rights have resulted in barbarous a...

  17. Female Genital Alteration in Somalia - Human rights according to who?

    OpenAIRE

    Bahta, Israe; Daoudi, M'Barka; Daoudi, Naama; Noriega Ibsen, Zachery

    2013-01-01

    This project investigates the UN human rights discourse and the language, knowledge and values attached. We wish to investigate the language embedded in discourse in relation to the practice and how it might influence the values and norms assigned to FGA in local communities in Somalia. Additionally through the project we are interested in looking at the dichotomies expressed subconsciously through language originating from a human rights discourse based on a Western epistemology and ontology...

  18. Human Rights and Anti-Semitism after Gaza

    Directory of Open Access Journals (Sweden)

    Ramón Grosfoguel

    2009-07-01

    Full Text Available This article analyzes the consequences of the latest Israel massacres in Gaza in relation to their global consequences in reference to human rights and global Anti-Semitism in actuality. The first part examines the consequences of Gaza in light of human rights. The second part is an analysis of the consequences of Gaza in reference to global Anti- Semitism. The last part analyzes global fundamentalism in the current world.

  19. Human Rights Event Detection from Heterogeneous Social Media Graphs.

    Science.gov (United States)

    Chen, Feng; Neill, Daniel B

    2015-03-01

    Human rights organizations are increasingly monitoring social media for identification, verification, and documentation of human rights violations. Since manual extraction of events from the massive amount of online social network data is difficult and time-consuming, we propose an approach for automated, large-scale discovery and analysis of human rights-related events. We apply our recently developed Non-Parametric Heterogeneous Graph Scan (NPHGS), which models social media data such as Twitter as a heterogeneous network (with multiple different node types, features, and relationships) and detects emerging patterns in the network, to identify and characterize human rights events. NPHGS efficiently maximizes a nonparametric scan statistic (an aggregate measure of anomalousness) over connected subgraphs of the heterogeneous network to identify the most anomalous network clusters. It summarizes each event with information such as type of event, geographical locations, time, and participants, and provides documentation such as links to videos and news reports. Building on our previous work that demonstrates the utility of NPHGS for civil unrest prediction and rare disease outbreak detection, we present an analysis of human rights events detected by NPHGS using two years of Twitter data from Mexico. NPHGS was able to accurately detect relevant clusters of human rights-related tweets prior to international news sources, and in some cases, prior to local news reports. Analysis of social media using NPHGS could enhance the information-gathering missions of human rights organizations by pinpointing specific abuses, revealing events and details that may be blocked from traditional media sources, and providing evidence of emerging patterns of human rights violations. This could lead to more timely, targeted, and effective advocacy, as well as other potential interventions.

  20. Human Right and Internet Access : A philosophical investigation

    OpenAIRE

    Wang, Xiaowei

    2016-01-01

    As of December 2014, there are three billion Internet users worldwide, of which 649 million are Chinese. This number will grow in the years to come. This technology, of course, possesses immense significance in our everyday life. What is currently new in international human rights practice is the trend of discussing Internet access as a potential human right. A BBC poll showed that of twenty-seven thousand interviewees worldwide, almost 80% believed that Internet access should be regarded as ...

  1. Human rights in childbirth, narratives and restorative justice: a review.

    Science.gov (United States)

    Lokugamage, A U; Pathberiya, S D C

    2017-02-02

    This review describes the emerging global debate on the role of human rights childbirth. It is also tailored to a UK perspective in view of the Montgomery v. Lanarkshire [2015] legal ruling and it implications to practice. We can never underestimate the power of humane care on health. The compassion and evidence based medicine agenda in healthcare is interconnected with human rights in healthcare, feeding into the principles of decision making and patient centred care. When this has not happened and there is been healthcare conflict, the power of storytelling serves to connect disparate parties to their common humanity. Narratives are an important aspect of restorative justice processes and we suggest that this could be beneficial in the field of human rights in childbirth.

  2. Drug policy, harm and human rights: a rationalist approach.

    Science.gov (United States)

    Stevens, Alex

    2011-05-01

    It has recently been argued that drug-related harms cannot be compared, so making it impossible to choose rationally between various drug policy options. Attempts to apply international human rights law to this area are valid, but have found it difficult to overcome the problems in applying codified human rights to issues of drug policy. This article applies the rationalist ethical argument of Gewirth (1978) to this issue. It outlines his argument to the 'principle of generic consistency' and the hierarchy of basic, nonsubtractive and additive rights that it entails. It then applies these ideas to drug policy issues, such as whether there is a right to use drugs, whether the rights of drug 'addicts' can be limited, and how different harms can be compared in choosing between policies. There is an additive right to use drugs, but only insofar as this right does not conflict with the basic and nonsubtractive rights of others. People whose freedom to choose whether to use drugs is compromised by compulsion have a right to receive treatment. They retain enforceable duties not to inflict harms on others. Policies which reduce harms to basic and nonsubtractive rights should be pursued, even if they lead to harms to additive rights. There exists a sound, rational, extra-legal basis for the discussion of drug policy and related harms which enables commensurable discussion of drug policy options. Copyright © 2011 Elsevier B.V. All rights reserved.

  3. Accountability for the human right to health through treaty monitoring: Human rights treaty bodies and the influence of concluding observations.

    Science.gov (United States)

    Meier, Benjamin Mason; De Milliano, Marlous; Chakrabarti, Averi; Kim, Yuna

    2017-11-04

    Employing novel coding methods to evaluate human rights monitoring, this article examines the influence of United Nations (UN) treaty bodies on national implementation of the human right to health. The advancement of the right to health in the UN human rights system has shifted over the past 20 years from the development of norms under international law to the implementation of those norms through national policy. Facilitating accountability for this rights-based policy implementation under the right to health, the UN Committee on Economic, Social and Cultural Rights (CESCR) monitors state implementation by reviewing periodic reports from state parties, engaging in formal sessions of 'constructive dialogue' with state representatives, and issuing concluding observations for state response. These concluding observations recognise the positive steps taken by states and highlight the principal areas of CESCR concern, providing recommendations for implementing human rights and detailing issues to be addressed in the next state report. Through analytic coding of the normative indicators of the right to health in both state reports and concluding observations, this article provides an empirical basis to understand the policy effects of the CESCR monitoring process on state implementation of the right to health.

  4. Mainstreaming Human Rights Education: What’s Radical About That?

    Directory of Open Access Journals (Sweden)

    Rosemary Ann Blanchard

    2016-02-01

    Full Text Available One of the most radical ways of teaching about universal human rights and international humanitarian law would be to teach about these fundamental internationally-recognized standards for humane interpersonal conduct to every child who enters school in the United States.  American illiteracy about human rights and humanitarian law standards contributes to the climate in which the United States preaches human rights to it's perceived opponents while refusing to apply universally recognized hr and ihl principles to itself. From the failure to incorporate into the American educational structure the cultural and linguistic rights of Indigenous peoples and ethnic, linguistic and religious minorities to the refusal to submit to the same standards of international humanitarian law which apply to all combatants, U.S. political and military leaders have been able to rely on the unfamiliarity of most Americans with the fundamental principles of human rights and international humanitarian law to insulate them from effective public scrutiny and meaningful challenge. This article describes efforts to mainstream human rights education at all levels of public education so it becomes a part of the educational experience of every child and, thus, part of the background of every adult. The risks of having HRE co-opted are dwarfed by the risks of having HRE sidelined.

  5. 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.

  6. Violations of human rights: health practitioners as witnesses.

    Science.gov (United States)

    Orbinski, James; Beyrer, Chris; Singh, Sonal

    2007-08-25

    For humanitarian health-care practitioners bearing witness to violations of human dignity has become synonymous with denunciations, human rights advocacy, or lobbying for political change. A strict reliance on legal interpretations of humanitarianism and human rights is inadequate for fully understanding the problems inherent in political change. With examples from the HIV/AIDS epidemic in the USA, the Rwandan genocide, and physician-led political activism in Nepal, we describe three cases in which health practitioners bearing witness to humanitarian and human-rights issues have had imperfect outcomes. However these acts of bearing witness have been central to the promotion of humanitarianism and human rights, to the pursuit of justice that they have inevitably and implicitly endorsed, and thus to the politics that have or might yet address these issues. Despite the imperfections, bearing witness, having first-hand knowledge of humanitarian and human-rights principles and their limitations, and systematically collecting evidence of abuse, can be instrumental in tackling the forces that constrain the realisation of human health and dignity.

  7. Adult Literacy Education and Human Rights: A View from Afghanistan

    Science.gov (United States)

    Andersen, Susan M.; Kooij, Christina S.

    2007-01-01

    In this article, we argue that adult literacy as part of international development is an issue of both human rights and women's rights. We explore this by presenting a case study of the effects of one innovative adult literacy program in Afghanistan that places men and women, as well as various ethnicities, together in the same classroom as…

  8. Strategies for Implementing Human Rights Education in Nigeria ...

    African Journals Online (AJOL)

    It helps learners to develop attitudes of solidarity across issues and nations. Human rights education promotes understanding and friendship among people and nations of the world. It is very essential because, it is used to affirm that all individuals, irrespective of status, have moral rights which a society should not deny.

  9. Human rights violations: probing the cultural practice of ukuthwala in ...

    African Journals Online (AJOL)

    It is because of this religious resilience of the cultural practice that numerous girls' rights have been violated. Literature review, black-letter law, face-to-face interviews and case studies formed the basis of the research methodology employed.A human rights based approach and an African theory of study were adopted to ...

  10. Religion and human rights: mutually exclusive or supportive?

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    1996-01-01

    The 1948 Universal Declaration of Human Rights (UDHR) makes no mention of religion as a possible basis for such fundamental rights. Although there was an attempt by the Dutch delegate Father De Beaufort OP to amend the pream¬ble with a reference to “Man's divine origin and his eternal des¬tiny,”

  11. The world trade organisation, human rights and development

    African Journals Online (AJOL)

    User

    “the expectation of increased market access for agricultural products and textiles, and … the fear that if they did not agree ... powers”. See Correa CM Trade Related Aspects of Intellectual Property Rights: A Commentary on the ...... to adopt domestic trade policies that are consistent with human rights.187 All of these issues ...

  12. The Environment, Oil and Human Rights in Nigeria | Ikpeze ...

    African Journals Online (AJOL)

    The objectives of this article are two-fold: to present a critical view of the relationship between fundamental human rights, social rights, the oil and gas industry in Nigeria and the environment. In so doing, regard will be had to some international conventions, the Constitution of the Federal Republic of Nigeria, various ...

  13. Human Rights Education in Israel: Four Types of Good Citizenship

    Science.gov (United States)

    Agbaria, Ayman K.; Katz-Pade, Revital

    2016-01-01

    This article examines the involvement of civil society organizations in human rights education (HRE) in Israel. Focussing on the educational programs of the Association for Civil Rights in Israel (ACRI), as a qualitative instrumental case study, this article examines the conceptions of good citizenship embedded in these programs. Specifically, the…

  14. A philosophy of human rights law in Nigeria: Focus on ...

    African Journals Online (AJOL)

    This study uses the philosophic to examine the intersubjectivity and the relational posture of human rights praxis in Nigeria as provided in the extant constitution. It finds out that a right, for instance, involves a system of relations in which there are three terms and a basis or foundation on which the relations are grounded.

  15. Education for Democracy and Human Rights in African Schools: The ...

    African Journals Online (AJOL)

    violations of basic individual freedom and rights and authoritarianism, have remained familiar traits of majority of the governments in Africa. The strain of this style of governance has prompted a call for greater responsiveness of political leadership, respect for human rights, accountability and a two—way channel of ...

  16. 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.

  17. Human-Centered Design Bill of Rights for Educators.

    Science.gov (United States)

    Sugar, William A.

    This paper presents a potential solution to encourage technology adoption and integration within schools by proposing a human-centered technology "bill of rights" for educators. The intention of this bill of rights it to influence educators' beliefs towards technology and to enable educators to confront with confidence the seemingly…

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

    OpenAIRE

    Monette Zard; Chaloka Beyani; Chidi Anselm Odinkalu

    2003-01-01

    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.

  19. Cornelia Roux on Religion, Culture and Human Rights

    African Journals Online (AJOL)

    Some students' quest to move to understanding the other and in being responsible for the other, was illustrated by their description of the consequences of finding comfort in rights and the security of codes of conduct. Keywords: human rights, diversity, difference, inclusivity, culture, religion, interreligious and intercultural ...

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

    Science.gov (United States)

    Erdman, Joanna N

    2014-11-01

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

  1. Perceptions about human rights, sexual and reproductive health ...

    African Journals Online (AJOL)

    Results Most (67.5%) of the respondents (68.9% males and 66.6% females) have heard about the notion of human rights. The main sources of information were UN/NGOs 23.7% and radios 23.0%. The right to health (18.8%), freedom of association (16.8%) and the right to education (15.7%) were most known. Although ...

  2. Cultural Difference and Human Rights : A Philosophical-Anthropological Approach

    NARCIS (Netherlands)

    J. Kloeg (Julien)

    2014-01-01

    textabstractIn ‘Cultural Difference and Human Rights’, Julien Kloeg claims, with Pablo Gilabert, that theoretical attempts to justify human rights should move beyond the dichotomy of providing either a humanist or a political justification. Kloeg demonstrates how philosophical anthropology could

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

    NARCIS (Netherlands)

    Donders, Y.

    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

  4. Legal response to human rights challenges of multinational ...

    African Journals Online (AJOL)

    The duty to protect human rights is no longer the sole duty of states but also that of other parties like the multinational corporations, companies and business enterprises which are all part of the private sector. This is because it has been observed that this sector, particularly multinational corporations also violate human ...

  5. An existential analysis of genetic engineering and human rights ...

    African Journals Online (AJOL)

    Genetic engineering for purposes of human enhancement poses risks that justify regulation. However, this paper argues philosophically that it is inappropriate to use human rights treaties to prohibit germ-line genetic engineering whether therapeutic or for purposes of enhancement. When also looked at existentially, the ...

  6. An Alternative Space for Discussion of Human Rights Issues in ...

    African Journals Online (AJOL)

    The political changes taking place in Ethiopia since 1 99 1 have led to the proliferation of the debate on human rigl'tts. The period after 1 99 1 has also been characterized by the emergence of new actors, notably non-government organizations (NGOs) some of which have made human rights the focus of their activities.

  7. A potential Human Rights Act in Queensland and inclusion of the right to health.

    Science.gov (United States)

    Brolan, Claire E; Herron, Lisa; Carney, Anna; Fritz, Eva M; James, Judy; Margetts, Miranda

    2017-12-27

    To identify the level of public support for a Human Rights Act for Queensland (HRAQ) and for inclusion of the right to health by participants in a public inquiry process. We reviewed the 492 written submissions to the Legal Affairs and Community Safety Committee's Inquiry into a potential HRAQ and the transcripts documenting the public hearings held by the Committee in 2016. A total of 465 written submissions were analysed; 419 (90%) were for a HRAQ. More than 80% of the 'for' submissions advocated the right to health's inclusion. At the seven public hearings, 72 persons made verbal submissions and most supported a HRAQ. Five major themes were identified in our synthesis of the public hearing transcripts. Three related specifically to health and human rights: 1) the need to consider the holistic health and human rights of Indigenous Queenslanders and Indigenous Queensland communities; 2) instilling a human rights culture in Queensland; and 3) access to health care and the underlying determinants of health. The other two themes related to the conduct of the Inquiry: 4) the importance of community participation in developing a HRAQ; and 5) concerns about the public consultation processes. This study found strong support in the majority of submissions for the Queensland Parliament to draft and enact a HRAQ, and for the inclusion of the right to health in such legislation. Implications for public health: The Queensland Parliament's enactment of a HRAQ that expressly included the right to health would increase the accountability and transparency of government health (and related) decision making and resource allocation, and would better identify and address health inequities across the state. This Act is imperative for improving the health and wellbeing of all Queenslanders, particularly rural and remote and Aboriginal and Torres Strait Islander Queenslanders. © 2017 The Authors.

  8. Sexual rights as human rights: a guide to authoritative sources and principles for applying human rights to sexuality and sexual health.

    Science.gov (United States)

    Miller, Alice M; Kismödi, Eszter; Cottingham, Jane; Gruskin, Sofia

    2015-11-01

    This Guide seeks to provide insight and resources to actors interested in the development of rights claims around sexuality and sexual health. After engaging with the vexed question of the scope of sexual rights, it explores the rules and principles governing the way in which human rights claims are developed and applied to sexuality and sexual health, and how that development is linked to law and made a matter of state obligation. This understanding is critical to policy and programming in sexual health and rights, as it supports calling on the relevant range of human rights, such as privacy, non-discrimination, health or other universally accepted human rights, as well as demanding the action of states under their international and national law obligations to support sexual health. Copyright © 2015 Elsevier Inc. All rights reserved.

  9. The evolution of human rights in World Health Organization policy and the future of human rights through global health governance.

    Science.gov (United States)

    Meier, B M; Onzivu, W

    2014-02-01

    The World Health Organization (WHO) was intended to serve at the forefront of efforts to realize human rights to advance global health, and yet this promise of a rights-based approach to health has long been threatened by political constraints in international relations, organizational resistance to legal discourses, and medical ambivalence toward human rights. Through legal research on international treaty obligations, historical research in the WHO organizational archives, and interview research with global health stakeholders, this research examines WHO's contributions to (and, in many cases, negligence of) the rights-based approach to health. Based upon such research, this article analyzes the evolving role of WHO in the development and implementation of human rights for global health, reviews the current state of human rights leadership in the WHO Secretariat, and looks to future institutions to reclaim the mantle of human rights as a normative framework for global health governance. Copyright © 2013 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  10. Caring autonomy: rethinking the right to autonomy under the European Court of Human Rights jurisprudence

    OpenAIRE

    Lõhmus, Katri

    2013-01-01

    This thesis sets out an argument against the present interpretation of the concept of autonomy under the European Court of Human Rights (the ECtHR) Article 8 jurisprudence and proposes a new reading of the concept that is rooted in an acknowledgment and appreciation of human interdependence. Following the prevailing political, legal and socio-cultural ideas and ideals about autonomy, the ECtHR has chosen to furnish its recent Article 8 case law according to the values charac...

  11. 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.

  12. [Human rights and informed consent in clinical practice: beyond the right to health].

    Science.gov (United States)

    Gonzalo, Gianella

    2013-04-01

    Providing medical care is us a complex process that requires a strict respect for human rights. In countries like Peru, despite of having regulations and specific laws, patient's autonomy is not a common currency and certainly paternalism and beneficence generally overrule in physicians decision making. In this type of reality the requirement to health care professionals for respecting fundamental rights should be considered crucial, far more than in societies where citizens are really empowered. But to achieve the full respect of human rights, especially when providing a health care service, there is the need to go much further than just advocating for appropriate legislation and regulatory frameworks. In this article I argue that the violation of certain rights as the informed consent process by health care providers, is rooted in how these professionals, specially medical doctors trained in the western tradition, establish priorities and arrive to moral judgments. In this scenario I consider the need of a change in the way the Human Rights framework is being used to improve fundamental rights respect in health care.

  13. International law, human rights and HIV/AIDS.

    Science.gov (United States)

    Patterson, David; London, Leslie

    2002-01-01

    This article explores the relevance of international human rights law in the response to the HIV/AIDS epidemic at national and international levels. Public health advocates can use arguments based on this body of law to promote responses to HIV/AIDS that reflect sound public health principles and documented best practice. Development assistance is increasingly linked to rights-based approaches, such as participatory processes, and strategic alliances between health professionals, organizations of people living with HIV/AIDS, and affected communities. Legal and human rights advocacy strategies are increasingly productive and necessary.

  14. Human Rights and Vulnerability. Examples of Sexism and Ageism

    Directory of Open Access Journals (Sweden)

    Mª DEL CARMEN BARRANCO AVILÉS

    2015-12-01

    Full Text Available A human rights based approach applied to the idea of ‘vulnerable group’ connects vulnerability and structural discrimination. The Convention on the Rights of Persons with Disability provides some elements that allow to state that we are facing a new paradigm in the International Human Rights Law. One of the keys for the understanding of this new framework is the assumption of the disadvantage related to vulnerability as, at least in a part, socially built and ideologically justified. Sexism and ageism are examples of how ideologies reinforce vulnerability of women, children and aged persons transforming them in groups which members are in risk of discrimination.

  15. CHALLENGES TO THE GLOBAL HUMAN RIGHTS REGIME: ARE HUMAN RIGHTS STILL AN EFFECTIVE LANGUAGE FOR SOCIAL CHANGE?

    National Research Council Canada - National Science Library

    Stephen Hopgood

    2014-01-01

    .... Since the mid-1980s and particularly after the end of the Cold War, human rights have been embedded in numerous conventions, organizations and courts, at the domestic, regional and international...

  16. "Just Talking about Life": Using Oral Histories of the Civil Rights Movement to Encourage Classroom Dialogue on Race

    Science.gov (United States)

    Johnson, Melencia M.; Mason, Philip B.

    2017-01-01

    Students in mixed race classrooms often find it difficult to discuss race. Using an assignment where students must have a conversation with someone who lived during the Civil Rights Movement (CRM) brings an element of oral history into the discussion of race and ethnicity. Students are able to discuss race using a historical lens from the…

  17. Men and talk about legal abortion in South Africa: equality, support and rights discourses undermining reproductive 'choice'.

    Science.gov (United States)

    Macleod, Catriona Ida; Hansjee, Jateen

    2013-01-01

    Discursive constructions of abortion are embedded in the social and gendered power relations of a particular socio-historical space. As part of research on public discourses concerning abortion in South Africa where there has been a radical liberalisation of abortion legislation, we collected data from male group discussions about a vignette concerning abortion, and newspaper articles written by men about abortion. Our analysis revealed how discourses of equality, support and rights may be used by men to subtly undermine women's reproductive right to 'choose' an abortion. Within an Equal Partnership discourse, abortion, paired with the assumption of foetal personhood, was equated with violating an equal heterosexual partnership and a man's patriarchal duty to protect a child. A New Man discourse, which positions men as supportive of women, was paired with the assumption of men as rational and women as irrational in decision-making, to allow for the possibility of men dissuading women from terminating a pregnancy. A Rights discourse was invoked to suggest that abortion violates men's paternal rights.

  18. The Emerging Human Rights Revolution: The Beginning of the Fifth Historical Process in the Consolidation of Human Rights

    Directory of Open Access Journals (Sweden)

    DAVID BONDIA GARCIA

    2014-12-01

    Full Text Available Emerging human rights are destined to modify, improve and transform a number of already traditional concepts so as to achieve greater guarantees and protection for the rights of individuals and collectivities. One of the big changes that will be brought about by the concept and conception of emerging human rights is that, following on from the processes of positivization, generalization, internationalization and specification, they represent the beginning of the fifth historical process in the consolidation of human rights, namely the process of interaction. A number of breakthroughs have already been achieved, such as the recognition of emerging biocultural rights in the recently adopted Nagoya Protocol on access to genetic resources and shared benefits.

  19. Carl Cohen's 'kind' arguments for animal rights and against human rights.

    Science.gov (United States)

    Nobis, Nathan

    2004-01-01

    Carl Cohen's arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one's peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations elsewhere. I note that some other philosophers' arguments are subject to similar objections.

  20. Climate change as a business and human rights issue?

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    for this void in the research literature by questioning backward- looking and forward-looking responsibilities of the issue BHR and climate change (cf. Shue 2017): 1) That certain corporations (the carbon majors) do have a human right based responsibility, being liable, to remedy victims of climate change...... Rights includes business corporations on a par with states as duty-carriers in regard to the issue of climate change (OHCHR 2015), expands business responsibilities beyond the Guiding Principles restriction to ‘respect’. Also, considering recent research revealing that the carbon majors (e.g. Shell, BP...... due to harms caused by climate change. Examples such as these suggest that corporations are increasingly assigned human rights duties related to climate change. Even though the issue of business and human rights is much researched (Buhmann and Wettstein 2017; Wettstein 2009, 2012, 2015; Santoro 2015...