WorldWideScience

Sample records for human rights violations

  1. 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.

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

    African Journals Online (AJOL)

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

  3. Human rights violations against sex workers: burden and effect on HIV.

    Science.gov (United States)

    Decker, Michele R; Crago, Anna-Louise; Chu, Sandra K H; Sherman, Susan G; Seshu, Meena S; Buthelezi, Kholi; Dhaliwal, Mandeep; Beyrer, Chris

    2015-01-10

    We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of human rights violations against sex workers. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts. Violations include homicide; physical and sexual violence, from law enforcement, clients, and intimate partners; unlawful arrest and detention; discrimination in accessing health services; and forced HIV testing. Abuses occur across all policy regimes, although most profoundly where sex work is criminalised through punitive law. Protection of sex workers is essential to respect, protect, and meet their human rights, and to improve their health and wellbeing. Research findings affirm the value of rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the rights of this marginalised population. Copyright © 2015 Elsevier Ltd. All rights reserved.

  4. Human rights violations among sexual and gender minorities in Kathmandu, Nepal: a qualitative investigation.

    Science.gov (United States)

    Singh, Sonal; Pant, Sunil Babu; Dhakal, Suben; Pokhrel, Subash; Mullany, Luke C

    2012-05-16

    Nepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants in Kathmandu, to be nonprotected or violated. In September 2009 three focus group discussions were conducted by trained interviewers among a convenience sample of sexual and gender minority participants in Kathmandu Nepal. The modified Delphi technique was utilized to elicit and rank participant-generated definitions of human rights and their subsequent violations. Data was analyzed independently and cross checked by another investigator. Participants (n = 29) reported experiencing a range of human rights violations at home, work, educational, health care settings and in public places. Lack of adequate legal protection, physical and mental abuse and torture were commonly reported. Access to adequate legal protection and improvements in the family and healthcare environment were ranked as the most important priority areas. Sexual and gender minorities in Nepal experienced a range of human rights violations. Future efforts should enroll a larger and more systematic sample of participants to determine frequency, timing, and/or intensity of exposure to rights violations, and estimate the population-based impact of these rights violations on specific health outcomes.

  5. Human rights violations among sexual and gender minorities in Kathmandu, Nepal: a qualitative investigation

    Science.gov (United States)

    2012-01-01

    Background Nepal has experienced sporadic reports of human rights violations among sexual and gender minorities. Our objective was to identify a range of human rights that are enshrined in international law and/or are commonly reported by sexual and gender minority participants in Kathmandu, to be nonprotected or violated. Methods In September 2009 three focus group discussions were conducted by trained interviewers among a convenience sample of sexual and gender minority participants in Kathmandu Nepal. The modified Delphi technique was utilized to elicit and rank participant-generated definitions of human rights and their subsequent violations. Data was analyzed independently and cross checked by another investigator. Results Participants (n = 29) reported experiencing a range of human rights violations at home, work, educational, health care settings and in public places. Lack of adequate legal protection, physical and mental abuse and torture were commonly reported. Access to adequate legal protection and improvements in the family and healthcare environment were ranked as the most important priority areas. Conclusions Sexual and gender minorities in Nepal experienced a range of human rights violations. Future efforts should enroll a larger and more systematic sample of participants to determine frequency, timing, and/or intensity of exposure to rights violations, and estimate the population-based impact of these rights violations on specific health outcomes PMID:22591775

  6. Human rights violations in organ procurement practice in China.

    Science.gov (United States)

    Paul, Norbert W; Caplan, Arthur; Shapiro, Michael E; Els, Charl; Allison, Kirk C; Li, Huige

    2017-02-08

    Over 90% of the organs transplanted in China before 2010 were procured from prisoners. Although Chinese officials announced in December 2014 that the country would completely cease using organs harvested from prisoners, no regulatory adjustments or changes in China's organ donation laws followed. As a result, the use of prisoner organs remains legal in China if consent is obtained. We have collected and analysed available evidence on human rights violations in the organ procurement practice in China. We demonstrate that the practice not only violates international ethics standards, it is also associated with a large scale neglect of fundamental human rights. This includes organ procurement without consent from prisoners or their families as well as procurement of organs from incompletely executed, still-living prisoners. The human rights critique of these practices will also address the specific situatedness of prisoners, often conditioned and traumatized by a cascade of human rights abuses in judicial structures. To end the unethical practice and the abuse associated with it, we suggest to inextricably bind the use of human organs procured in the Chinese transplant system to enacting Chinese legislation prohibiting the use of organs from executed prisoners and making explicit rules for law enforcement. Other than that, the international community must cease to abet the continuation of the present system by demanding an authoritative ban on the use of organs from executed Chinese prisoners.

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

    Science.gov (United States)

    Kapur, P

    1995-01-01

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

  8. Economic sanctions as human rights violations: reconciling political and public health imperatives.

    Science.gov (United States)

    Marks, S P

    1999-10-01

    The impact of economic sanctions on civilians has frequently been studied by public health specialists and specialized agencies of the United Nations (UN). This commentary explores some of the difficulties of the claim that sanctions constitute violations of human rights. The deprivation suffered by civilian populations under sanctions regimes often are violations of economic, social, and cultural human rights; however, the attribution of responsibility for those violations to the "senders" of sanctions (the UN Security Council or the US government, for example) is difficult to sustain, particularly in light of the efforts made by these entities to provide for humanitarian exemptions and humanitarian aid. A more productive approach to avoiding civilian harm is to prefer, as a matter of policy, arms embargoes, severing of communications, and international criminal prosecutions over trade embargoes. Promising recommendations have been formulated regarding "smart sanctions," which target regimes rather than people, and "positive sanctions" in the form of incentives. Health and human rights professionals have specific and important tasks in implementing such a restructured approach to sanctions.

  9. THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A NEW INSTRUMENT TO ADDRESS HUMAN RIGHTS VIOLATIONS

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    Christian Courtis

    2015-08-01

    Full Text Available The article discusses the adoption of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a means to obtain redress for violations against economic, social and cultural rights in the international sphere – including its potential use for the consideration of the violation of extraterritorial obligations. Keywords: Human rights. Social rights. Violations. Optinal protocol.

  10. A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe

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    Howard Chitimira

    2017-06-01

    Full Text Available Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20 Act, 2013 (Zimbabwe Constitution, 2013 prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided.

  11. [Human rights violations among people with mental illness; rural vs. urban comparison].

    Science.gov (United States)

    Poreddi, Vijayalakshmi; Ramachandra; Nagarajaiah; Konduru, Reddemma; Badamath, Suresh

    2013-01-01

    Human rights violations are commonly reported against people with mental illness and have remained a major research issue in recent times. The present study was aimed to compare psychiatric patients' perceptions of human rights needs between rural and urban settings. A descriptive study design was carried out among 100 recovered psychiatric patients based on the Clinical Global Impression-Improvement Scale (CGI-I scale), at a tertiary care center. Participants were selected through a random sampling method. Data was collected through face to face interviews, using a structured questionnaire. Data was analyzed and interpreted using descriptive and inferential statistics. The present study highlighted the significant differences in meeting their basic human rights needs in a physical needs dimension i.e. availability of hot water for bathing (c2=8.305, p .019). Our findings revealed that human rights violations among mentally ill are evident across rural and urban environments. Thus, there is an urgent need to change the attitude of the general population towards people with mental illness through awareness campaign. In addition, educating the public about the human rights of mentally ill is also essential.

  12. Child Ragpickers in India and Violation of Their Human Rights

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    Pyali Chatterjee

    2015-02-01

    Full Text Available Rag pickers play an important role in our society. We spread our garbage in the society and these rag pickers use to collect it and send it for recycling. We all know about Child trafficking, child labor and Sexual exploitation of child. Nevertheless, ever we tried to rescue any child who uses to collect these rags from dumping area. Such kind of work done by the children’s, amount to violation of their basic human rights. Even though if they were not force by anyone to do such kinds of work but still it will amount to violation of their basic human right. Poverty and illiteracy is one of most common reason behind any kind of violation of human right. In India, any kind of child labors is deal under Child Labour (Prohibition and Regulation Act, 1986. Here, in this Act certain Occupation and Process are mentioned in the Schedule Part – A and Part - B which is hazardous for the children below 14 years and these includes "rag picking and scavenging" also. In M.C. Mehta Vs State of Tamil Nadu case, the Honorable Supreme Court of India has given certain directions regarding the manner in which children working in hazardous occupations should be shift from such working conditions and they should be rehabilitate. In addition, the conditions of the children who work in the non-hazardous occupations should be improved and regulated by proper law. For "Swach Bharat Abhiyan" not only we have to clean our society but for development of our country, we have to spread literacy also so that our future generation should literate one.

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

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    Stephanus P. Pretorius

    2012-02-01

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

  14. Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation.

    Science.gov (United States)

    Sveaass, Nora

    2013-01-01

    The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states' obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals.

  15. Changing Landscapes in Documentation Efforts: Civil Society Documentation of Serious Human Rights Violations

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    Brianne McGonigle Leyh

    2017-04-01

    Full Text Available Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and best practices was difficult. Today that situation has significantly changed. The purpose of this article is to explore the changing landscape of civil society documentation of serious human rights violations, and what that means for standardising and professionalising documentation efforts. Using the recent Hisséne Habré case as an example, this article begins by looking at how civil society documentation can successfully influence an accountability process. Next, the article touches upon barriers that continue to impede greater documentation efforts. The article examines the changing landscape of documentation, focusing on technological changes and the rise of citizen journalism and unofficial investigations, using Syria as an example, as well as on the increasing support for documentation efforts both in Syria and worldwide. The changing landscape has resulted in the proliferation of international documentation initiatives aimed at providing local civil society actors guidelines and practical assistance on how to recognise, collect, manage, store and use information about serious human rights violations, as well as on how to minimise the risks associated with the documentation of human rights violations. The recent initiatives undertaken by international civil society, including those by the Public International Law & Policy Group, play an important role in helping to standardise and professionalise documentation work and promote the foundational principles of documentation, namely the ‘do no harm’ principle, and the principles of informed consent and confidentiality. Recognising the drawback that greater professionalisation may bring, it

  16. Discourses of Roma Anti-Discrimination in Reports on Human Rights Violations

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    Chloë Delcour

    2015-09-01

    Full Text Available In an effort to understand the paradox between the expansion of inclusion projects for the Roma and their persisting exclusion, this article explores human rights practice in order to grasp the complexity of meanings of inclusion negotiated in this practice. In this way, we scrutinize whether there are limiting factors within the inclusionary discourse itself. Specifically, we analyze the discourse in transnational judicial, political and civil society actors’ reports on violations of human rights against Roma. A strong shared tendency to frame the violations in terms of discrimination can be discerned in the reports, demonstrating a dominant concept in the human rights discourse for Roma. However, a framing analysis of the underlying assumptions of this concept shows that not all three actors offer the same solutions for obtaining non-discrimination, which can partly explain the limited impact of the ostensibly strong and inclusive anti-discrimination discourse. In contrast, the actors do share a negative attribution of responsibility to the nation states, but the effectiveness of this shared discursive claim can be questioned. This article illustrates how inclusion discourses are actually quite complex to grasp and so it substantiates the need for greater critical understanding of such discourses in further research.

  17. Implementation of School Uniform Policy and the Violation of Students’ Human Rights in Schools

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    Vimbi Petrus Mahlangu

    2017-05-01

    Full Text Available The paper highlights the violations of students’ human rights in schools. The problem is the incident that took place at a school in Pretoria in 2016 where Black girls protested against the School’s Code of Conduct relating to hairstyle. Qualitative approach was used to collect information through a literature review and desk-top research methods. Black girls claimed they were discriminated against and the protest serves as an example to demonstrate students’ human rights violations when schools implement school uniform policies. Inequality in schools is rife in South Africa. School uniform policies with regard to dress codes are expected to reduce school violence, prevent discipline issues, and improve in school safety. Students have rights and their rights can include issues regarding cultural, economic, and political freedoms. Students, especially adolescents, respond very negatively to school uniforms.

  18. Poverty and the violation of human rights: a proposed conceptual framework.

    Science.gov (United States)

    Schuftan, Claudio

    2012-01-01

    The paper proposes a conceptual framework linking the causes of poverty with the causes of human rights violations. Both are presented as outcomes of a cascading chain of determinants grouped as immediate, underlying, and basic causes. The framework will make situation analyses focused on poverty and human rights better adjusted to the reality on the ground. It is also the first step in using the human rights-based approach, now an established methodology being used by a growing number of health and development practitioners and seen by the United Nations system as the way forward. The framework also provides guidance to communities in identifying, in a participatory way, causes of the problems that affect them. The framework is presented in a diagram format followed by a list of the major determinants in each causal level.

  19. Teaching Recent History in Countries that Have Experienced Human Rights Violations: Case Studies from Chile

    Science.gov (United States)

    Toledo, Maria Isabel; Magendzo, Abraham; Gazmuri, Renato

    2011-01-01

    Incorporating recent history into the educational curricula of countries that have experienced human rights violations combines the complexities of teaching history, teaching recent history, and human rights education. Recent history makes a historical analysis of social reality and a historiographical analysis of the immediate. It is located…

  20. Changing Landscapes in Documentation Efforts : Civil Society Documentation of Serious Human Rights Violations

    NARCIS (Netherlands)

    Mc Gonigle, B.N.

    2017-01-01

    Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and

  1. THE EFFORTS TO TERMINATE THE SITUATION WITH NO-CITIZENSHIP AND HUMAN RIGHTS VIOLATION OF ROHINGYA ETHNIC

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    Sefriani

    2015-01-01

    Full Text Available The refusal to recognize citizenship of Rohingnya ethnic by Myanmar government caused this ethnic without national and international protection. Statelessness situation is also became the entry point of other violation of human right such as ethnic cleansing and genocide which caused this ethnic became refugee. Some solutions offered to end this situation are: cooperate with UNHCR provide temporary shelter for those people; urge UNHCR granted refugee status for Rohingya; urge ASEAN conducted humanitarian diplomacy pursued Myanmar recognized citizenship of Rohingnya ; applied R to P to end the gross violation on human right toward Rohingnya if the threshold were fulfilled.

  2. Access to essential maternal health interventions and human rights violations among vulnerable communities in eastern Burma.

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    Luke C Mullany

    2008-12-01

    Full Text Available BACKGROUND: Health indicators are poor and human rights violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to human rights violations and access to such services. METHODS AND FINDINGS: Selected communities in the Shan, Mon, Karen, and Karenni regions of eastern Burma that were accessible to community-based organizations operating from Thailand were surveyed to estimate coverage of reproductive, maternal, and family planning services, and to assess exposure to household-level human rights violations within the pilot-project target population. Two-stage cluster sampling surveys among ever-married women of reproductive age (15-45 y documented access to essential antenatal care interventions, skilled attendance at birth, postnatal care, and family planning services. Mid-upper arm circumference, hemoglobin by color scale, and Plasmodium falciparum parasitemia by rapid diagnostic dipstick were measured. Exposure to human rights violations in the prior 12 mo was recorded. Between September 2006 and January 2007, 2,914 surveys were conducted. Eighty-eight percent of women reported a home delivery for their last pregnancy (within previous 5 y. Skilled attendance at birth (5.1%, any (39.3% or > or = 4 (16.7% antenatal visits, use of an insecticide-treated bed net (21.6%, and receipt of iron supplements (11.8% were low. At the time of the survey, more than 60% of women had hemoglobin level estimates < or = 11.0 g/dl and 7.2% were Pf positive. Unmet need for contraceptives exceeded 60%. Violations of rights were widely reported: 32.1% of Karenni households reported forced labor and 10% of Karen

  3. Human rights violations and smoking status among South African adults enrolled in the South Africa Stress and Health (SASH) study.

    Science.gov (United States)

    Dutra, Lauren M; Williams, David R; Gupta, Jhumka; Kawachi, Ichiro; Okechukwu, Cassandra A

    2014-03-01

    Despite South Africa's history of violent political conflict, and the link between stressful experiences and smoking in the literature, no public health study has examined South Africans' experiences of human rights violations and smoking. Using data from participants in the nationally representative cross-sectional South Africa Stress and Health study (SASH), this analysis examined the association between respondent smoking status and both human rights violations experienced by the respondent and violations experienced by the respondents' close friends and family members. SAS-Callable SUDAAN was used to construct separate log-binomial models by political affiliation during apartheid (government or liberation supporters). In comparison to those who reported no violations, in adjusted analyses, government supporters who reported violations of themselves but not others (RR = 1.76, 95% CI: 1.25-2.46) had a significantly higher smoking prevalence. In comparison to liberation supporters who reported no violations, those who reported violations of self only (RR = 1.56, 95%CI: 1.07-2.29), close others only (RR = 1.97, 95%CI: 1.12-3.47), or violations of self and close others due to close others' political beliefs and the respondent's political beliefs (RR = 2.86, 95%CI: 1.70-4.82) had a significantly higher prevalence of smoking. The results of this analysis suggest that a relationship may exist between human rights violations and smoking among South Africa adults. Future research should use longitudinal data to assess causality, test the generalizability of these findings, and consider how to apply these findings to smoking cessation interventions. Copyright © 2014 Elsevier Ltd. All rights reserved.

  4. Access to essential maternal health interventions and human rights violations among vulnerable communities in eastern Burma.

    Science.gov (United States)

    Mullany, Luke C; Lee, Catherine I; Yone, Lin; Paw, Palae; Oo, Eh Kalu Shwe; Maung, Cynthia; Lee, Thomas J; Beyrer, Chris

    2008-12-23

    Health indicators are poor and human rights violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to human rights violations and access to such services. Selected communities in the Shan, Mon, Karen, and Karenni regions of eastern Burma that were accessible to community-based organizations operating from Thailand were surveyed to estimate coverage of reproductive, maternal, and family planning services, and to assess exposure to household-level human rights violations within the pilot-project target population. Two-stage cluster sampling surveys among ever-married women of reproductive age (15-45 y) documented access to essential antenatal care interventions, skilled attendance at birth, postnatal care, and family planning services. Mid-upper arm circumference, hemoglobin by color scale, and Plasmodium falciparum parasitemia by rapid diagnostic dipstick were measured. Exposure to human rights violations in the prior 12 mo was recorded. Between September 2006 and January 2007, 2,914 surveys were conducted. Eighty-eight percent of women reported a home delivery for their last pregnancy (within previous 5 y). Skilled attendance at birth (5.1%), any (39.3%) or > or = 4 (16.7%) antenatal visits, use of an insecticide-treated bed net (21.6%), and receipt of iron supplements (11.8%) were low. At the time of the survey, more than 60% of women had hemoglobin level estimates rights were widely reported: 32.1% of Karenni households reported forced labor and 10% of Karen households had been forced to move. Among Karen households, odds of anemia were 1.51 (95% confidence interval [CI] 0.95-2.40) times higher among women

  5. Population‐based survey methods to quantify associations between human rights violations and health outcomes among internally displaced persons in eastern Burma

    Science.gov (United States)

    Mullany, Luke C; Richards, Adam K; Lee, Catherine I; Suwanvanichkij, Voravit; Maung, Cynthia; Mahn; Beyrer, Chris; Lee, Thomas J

    2007-01-01

    Background Case reports of human rights violations have focused on individuals' experiences. Population‐based quantification of associations between rights indicators and health outcomes is rare and has not been documented in eastern Burma. Objective We describe the association between mortality and morbidity and the household‐level experience of human rights violations among internally displaced persons in eastern Burma. Methods Mobile health workers in conflict zones of eastern Burma conducted 1834 retrospective household surveys in 2004. Workers recorded data on vital events, mid‐upper arm circumference of young children, malaria parasitaemia status of respondents and household experience of various human rights violations during the previous 12 months. Results Under‐5 mortality was 218 (95% confidence interval 135 to 301) per 1000 live births. Almost one‐third of households reported forced labour (32.6%). Forced displacement (8.9% of households) was associated with increased child mortality (odds ratio = 2.80), child malnutrition (odds ratio = 3.22) and landmine injury (odds ratio = 3.89). Theft or destruction of the food supply (reported by 25.2% of households) was associated with increased crude mortality (odds ratio = 1.58), malaria parasitaemia (odds ratio = 1.82), child malnutrition (odds ratio = 1.94) and landmine injury (odds ratio = 4.55). Multiple rights violations (14.4% of households) increased the risk of child (incidence rate ratio = 2.18) and crude (incidence rate ratio = 1.75) mortality and the odds of landmine injury (odds ratio = 19.8). Child mortality risk was increased more than fivefold (incidence rate ratio = 5.23) among families reporting three or more rights violations. Conclusions Widespread human rights violations in conflict zones in eastern Burma are associated with significantly increased morbidity and mortality. Population‐level associations can be quantified using standard

  6. Once again about surrogacy, because human rights violations are increasing as a consequence of the lack of legal framework

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    Eleonora LAMM

    2016-07-01

    Full Text Available This paper seeks to highlight the ever more eloquent, frequent and manifest reality of surrogacy and how the strategies that are being used to remedy or avoid the legal prohibition violate fundamental human rights. It is based on the premisse that the legal prohibition does not prevent the practice, but makes a complex technique even more contentious, violating rights.

  7. Perpetration of gross human rights violations in South Africa ...

    African Journals Online (AJOL)

    ... rights violations, purposeful injury, accidental injury and domestic violence. ... Socio-demographic profiles of perpetrators of HRV and DV in South Africa differ. ... is possible that some HRV and DV perpetrators were themselves once victims.

  8. Trafficking as a Human Rights Violation: Is South Africa's Curriculum Stuck in a Traffick Jam?

    Science.gov (United States)

    du Preez, Petro; Simmonds, Shan

    2013-01-01

    Human trafficking is a form of modern day slavery and is often collectively referred to as a human rights violation. However, human trafficking is more complex than this suggests as this article attempts to demonstrate. It begins by describing the landscape of international trends in human trafficking, with particular attention to child…

  9. Implementation of School Uniform Policy and the Violation of Students' Human Rights in Schools

    Science.gov (United States)

    Mahlangu, Vimbi Petrus

    2017-01-01

    The paper highlights the violations of students' human rights in schools. The problem is the incident that took place at a school in Pretoria in 2016 where Black girls protested against the School's Code of Conduct relating to hairstyle. Qualitative approach was used to collect information through a literature review and desk-top research methods.…

  10. Measuring the health impact of human rights violations related to Australian asylum policies and practices: a mixed methods study.

    Science.gov (United States)

    Johnston, Vanessa; Allotey, Pascale; Mulholland, Kim; Markovic, Milica

    2009-02-03

    Human rights violations have adverse consequences for health. However, to date, there remains little empirical evidence documenting this association, beyond the obvious physical and psychological effects of torture. The primary aim of this study was to investigate whether Australian asylum policies and practices, which arguably violate human rights, are associated with adverse health outcomes. We designed a mixed methods study to address the study aim. A cross-sectional survey was conducted with 71 Iraqi Temporary Protection Visa (TPV) refugees and 60 Iraqi Permanent Humanitarian Visa (PHV) refugees, residing in Melbourne, Australia. Prior to a recent policy amendment, TPV refugees were only given temporary residency status and had restricted access to a range of government funded benefits and services that permanent refugees are automatically entitled to. The quantitative results were triangulated with semi-structured interviews with TPV refugees and service providers. The main outcome measures were self-reported physical and psychological health. Standardised self-report instruments, validated in an Arabic population, were used to measure health and wellbeing outcomes. Forty-six percent of TPV refugees compared with 25% of PHV refugees reported symptoms consistent with a diagnosis of clinical depression (p = 0.003). After controlling for the effects of age, gender and marital status, TPV status made a statistically significant contribution to psychological distress (B = 0.5, 95% CI 0.3 to 0.71, p basic human rights, culminated in a strong sense of injustice. Government asylum policies and practices violating human rights norms are associated with demonstrable psychological health impacts. This link between policy, rights violations and health outcomes offers a framework for addressing the impact of socio-political structures on health.

  11. 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.

  12. Human rights violations among economically disadvantaged women with mental illness: An Indian perspective

    Science.gov (United States)

    Poreddi, Vijayalakshmi; Ramachandra; Thimmaiah, Rohini; Math, Suresh Bada

    2015-01-01

    Background: Globally women confront manifold violations of human rights and women with poverty and mental illness are doubly disadvantaged. Aim: The aim was to examine the influence of poverty in meeting human rights needs among recovered women with mental illness at family and community level. Materials and Methods: This was a descriptive study carried out among randomly selected (n = 100) recovered women with mental illness at a tertiary care center. Data were collected through face-to-face interview using structured needs assessment questionnaire. Results: Our findings revealed that below poverty line (BPL) participants were not satisfied in meeting their physical needs such as “access to safe drinking water” (χ2 = 8.994, P rights needs in emotional dimension, that is, afraid of family members (χ2 = 8.233, P women from APL group expressed that they were discriminated and exploited by the community members (χ2 = 17.490, P women with mental illness. Further, mental health professionals play an essential role in educating the family and public regarding human rights of people with mental illness. PMID:26124524

  13. Towards a Pedagogy of Listening: Teaching and Learning from Life Stories of Human Rights Violations

    Science.gov (United States)

    Low, Bronwen E.; Sonntag, Emmanuelle

    2013-01-01

    In response to the task of designing curriculum that helps youth engage thoughtfully with digital stories of human rights violations, the authors articulate the central tenets of a pedagogy of listening that draws upon elements of oral history, concepts of witnessing and testimony, the work on listening of Dewey, Freire and Rinaldi and the…

  14. 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.

  15. THE LANCET SERIES ON HIV IN SEX WORKERS; PAPER 4 BURDEN AND HIV IMPACT OF HUMAN RIGHTS VIOLATIONS AGAINST SEX WORKERS

    Science.gov (United States)

    Decker, Michele R.; Crago, Anna-Louise; Ka Hon Chu, Sandra; Sherman, Susan G.; Saraswathi Seshu, Meena; Buthelezi, Kholi; Dhaliwal, Mandeep; Beyrer, Chris

    2015-01-01

    We reviewed evidence from over 800 studies and reports on the burden and HIV impact of human rights abuses against sex workers across policy climates. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations facilitate HIV vulnerability, both directly and indirectly, and undermine effective HIV prevention and intervention efforts. Violations include homicide, physical and sexual violence from law enforcement, clients and intimate partners, unlawful arrest and detention, discrimination in accessing health services, and forced HIV testing. Abuses occur across all policy regimes, though most profoundly so where sex work is criminalized through punitive law. Protection of sex workers’ human rights is critical to respect, protect and fulfill human rights, and to improve their health and wellbeing. Findings affirm the value of rights-based HIV responses for sex workers, and underscore the obligation of states to uphold the rights of this marginalized population. PMID:25059943

  16. 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.

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

    Science.gov (United States)

    Howard, Rhoda E.

    1998-01-01

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

  18. 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.

  19. Household exposure to violence and human rights violations in western Bangladesh (I: prevalence, risk factors and consequences

    Directory of Open Access Journals (Sweden)

    Montgomery Edith

    2009-11-01

    Full Text Available Abstract Background The ruling parties in Bangladesh have systematically used violence against political opponents and criminals. It is essential to 1 determine the magnitude and burden of organised crime and political violence (OPV and human rights violations in the affected community, and to 2 identify the risk factors and key indicators for developing effective health intervention and prevention measures. Methods The population-based study consisted of two parts: a household survey and OPV screening at mobile clinics (presented in Part II. A cross-sectional, multistage cluster household survey was conducted in the Meherpur district in February-March 2008; 22 clusters with a sample size of 1,101 households (population of 4,870 were selected. Results Around 83% of households reported being exposed to at least two categories of OPV or human rights violations: 29% reported that the family members had been arrested or detained; 31% reported torture or other cruel, inhuman or degrading treatment or punishment. Crude mortality rate was 17.9/1,000 and under 5 mortality rate was 75/1,000. The annual injury rate was 36%, lifetime experience of violence-related injury was 50%, and pain experience within 2 weeks was reported by 57%. Over 80% of the population over 35 years old complained of pain. High prevalence of injury, lifetime experience of OPV-related injury and pain complaints are related to the level of exposure to OPV and human rights violations. A financial burden was imposed on families with an injured person. A geographical variation was revealed regarding reports of torture and lifetime experience of violence-related injury. A combination of individual, relational, community and societal factors, including variables such as political party affiliation, conflict with other families, household income and residential area, affected the risk of victimisation in the household. The odds ratio for reporting extrajudicial execution of a family

  20. Household exposure to violence and human rights violations in western Bangladesh (I): prevalence, risk factors and consequences.

    Science.gov (United States)

    Wang, Shr-Jie; Modvig, Jens; Montgomery, Edith

    2009-11-21

    The ruling parties in Bangladesh have systematically used violence against political opponents and criminals. It is essential to 1) determine the magnitude and burden of organised crime and political violence (OPV) and human rights violations in the affected community, and to 2) identify the risk factors and key indicators for developing effective health intervention and prevention measures. The population-based study consisted of two parts: a household survey and OPV screening at mobile clinics (presented in Part II). A cross-sectional, multistage cluster household survey was conducted in the Meherpur district in February-March 2008; 22 clusters with a sample size of 1,101 households (population of 4,870) were selected. Around 83% of households reported being exposed to at least two categories of OPV or human rights violations: 29% reported that the family members had been arrested or detained; 31% reported torture or other cruel, inhuman or degrading treatment or punishment. Crude mortality rate was 17.9/1,000 and under 5 mortality rate was 75/1,000. The annual injury rate was 36%, lifetime experience of violence-related injury was 50%, and pain experience within 2 weeks was reported by 57%. Over 80% of the population over 35 years old complained of pain. High prevalence of injury, lifetime experience of OPV-related injury and pain complaints are related to the level of exposure to OPV and human rights violations. A financial burden was imposed on families with an injured person. A geographical variation was revealed regarding reports of torture and lifetime experience of violence-related injury. A combination of individual, relational, community and societal factors, including variables such as political party affiliation, conflict with other families, household income and residential area, affected the risk of victimisation in the household. The odds ratio for reporting extrajudicial execution of a family member was 9.22 for Awami League supporters, 9.15 for

  1. Perceived human rights violation in persons with mental illness: role of education.

    Science.gov (United States)

    Vijayalakshmi, Poreddi; Ramachandra; Reddemma, Konduru; Math, Suresh Bada

    2013-06-01

    People with mental illness are vulnerable to human rights violations and people with illiteracy and mental illness are at a double disadvantage. To determine the role of education in ascertaining human rights needs of people with mental illness. This was a descriptive study carried out among randomly selected (N = 100) recovered psychiatric patients with mental illness in the past based on the Clinical Global Impression-Improvement scale at a tertiary care centre. Data were collected through face-to-face interview using structured needs assessment questionnaire comprising two sections related to family and community domains. Data were analysed and interpreted using descriptive and inferential statistics. Our findings revealed that human rights needs in the physical needs dimension--i.e., access to electricity (χ2 = 5.523, p < .019) and safe drinking water facilities (χ2 = 9.665, p < .022)--were rated higher in illiterates than in literates. The human rights needs in emotional dimension - i.e. feeling separated from their families because of their illness (χ2 = 13.118, p < .004), afraid of family members (χ2 = 13.388, p < .004) and called filthy nicknames (χ2 = 17.759, p < .000) - were rated higher in literates than in illiterates. The human rights needs in the religious needs dimension - i.e. allowed to go to temple, church, mosque etc. (χ2 = 12.000, p < .007) - and in the social needs dimension - i.e. friendliness with family members -were rated higher in illiterates than in literates (χ2 = 9.661, p < .022). Empowering people with mental illness by providing adequate opportunity to pursue education will play an important role in fulfilling the obligation of the United Nations Convention on the Rights of Persons with Disabilities.

  2. History Classroom Interactions and the Transmission of the Recent Memory of Human Rights Violations in Chile

    Science.gov (United States)

    Oteíza, Teresa; Henríquez, Rodrigo; Pinuer, Claudio

    2015-01-01

    The purpose of this article is to examine history classroom interactions in Chilean secondary schools in relation to the transmission of historical memories of human rights violations committed by Augusto Pinochet's dictatorship from 1973 to 1990. Corpora of this research are comprised of history lessons filmed in the two types of public schools…

  3. Measuring the health impact of human rights violations related to Australian asylum policies and practices: a mixed methods study

    Directory of Open Access Journals (Sweden)

    Mulholland Kim

    2009-02-01

    Full Text Available Abstract Background Human rights violations have adverse consequences for health. However, to date, there remains little empirical evidence documenting this association, beyond the obvious physical and psychological effects of torture. The primary aim of this study was to investigate whether Australian asylum policies and practices, which arguably violate human rights, are associated with adverse health outcomes. Methods We designed a mixed methods study to address the study aim. A cross-sectional survey was conducted with 71 Iraqi Temporary Protection Visa (TPV refugees and 60 Iraqi Permanent Humanitarian Visa (PHV refugees, residing in Melbourne, Australia. Prior to a recent policy amendment, TPV refugees were only given temporary residency status and had restricted access to a range of government funded benefits and services that permanent refugees are automatically entitled to. The quantitative results were triangulated with semi-structured interviews with TPV refugees and service providers. The main outcome measures were self-reported physical and psychological health. Standardised self-report instruments, validated in an Arabic population, were used to measure health and wellbeing outcomes. Results Forty-six percent of TPV refugees compared with 25% of PHV refugees reported symptoms consistent with a diagnosis of clinical depression (p = 0.003. After controlling for the effects of age, gender and marital status, TPV status made a statistically significant contribution to psychological distress (B = 0.5, 95% CI 0.3 to 0.71, p ≤ 0.001 amongst Iraqi refugees. Qualitative data revealed that TPV refugees generally felt socially isolated and lacking in control over their life circumstances, because of their experiences in detention and on a temporary visa. This sense of powerlessness and, for some, an implicit awareness they were being denied basic human rights, culminated in a strong sense of injustice. Conclusion Government asylum policies

  4. Perpetration of gross human rights violations in South Africa: association with psychiatric disorders.

    Science.gov (United States)

    Stein, Dan J; Williams, Stacey L; Jackson, Pamela B; Seedat, Soraya; Myer, Landon; Herman, Allen; Williams, David R

    2009-05-01

    A nationally representative study of psychiatric disorders in South Africa provided an opportunity to study the association between perpetration of human rights violations (HRVs) during apartheid and psychiatric disorder. Prior work has suggested an association between perpetration and post-traumatic stress disorder (PTSD), but this remains controversial. Subjects reported on their perpetration of human rights violations, purposeful injury, accidental injury and domestic violence. Lifetime and 12-month prevalence of DSM-IV (Diagnostic and Statistical Manual, 4th edition) disorders were assessed with Version 3.0 of the World Health Organization Composite International Diagnostic Interview (CIDI 3.0). Socio-demographic characteristics of these groups were calculated. Odds ratios for the association between the major categories of psychiatric disorders and perpetration were assessed. HRV perpetrators were more likely to be male, black and more educated, while perpetrators of domestic violence (DV) were more likely to be female, older, married, less educated and with lower income. HRV perpetration was associated with lifetime and 12-month anxiety and substance use disorders, particularly PTSD. Purposeful and DV perpetration were associated with lifetime and 12-month history of all categories of disorders, whereas accidental perpetration was associated most strongly with mood disorders. Socio-demographic profiles of perpetrators of HRV and DV in South Africa differ. While the causal relationship between perpetration and psychiatric disorders deserves further study, it is possible that some HRV and DV perpetrators were themselves once victims. The association between accidental perpetration and mood disorder also deserves further attention.

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

    African Journals Online (AJOL)

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

  6. Human rights to in vitro fertilization.

    Science.gov (United States)

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

    2013-10-01

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

  7. Oil companies and human rights

    International Nuclear Information System (INIS)

    Chandler, Geoffrey

    1997-01-01

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

  8. 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 ...

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

    Science.gov (United States)

    Gostin, L O

    2000-01-01

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

  10. 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.

  11. Human rights abuse and other criminal violations in Port-au-Prince, Haiti: a random survey of households.

    Science.gov (United States)

    Kolbe, Athena R; Hutson, Royce A

    2006-09-02

    Reliable evidence of the frequency and severity of human rights abuses in Haiti after the departure of the elected president in 2004 was scarce. We assessed data from a random survey of households in the greater Port-au-Prince area. Using random Global Positioning System (GPS) coordinate sampling, 1260 households (5720 individuals) were sampled. They were interviewed with a structured questionnaire by trained interviewers about their experiences after the departure of President Jean-Bertrand Aristide. The response rate was 90.7%. Information on demographic characteristics, crime, and human rights violations was obtained. Our findings suggested that 8000 individuals were murdered in the greater Port-au-Prince area during the 22-month period assessed. Almost half of the identified perpetrators were government forces or outside political actors. Sexual assault of women and girls was common, with findings suggesting that 35,000 women were victimised in the area; more than half of all female victims were younger than 18 years. Criminals were the most identified perpetrators, but officers from the Haitian National Police accounted for 13.8% and armed anti-Lavalas groups accounted for 10.6% of identified perpetrators of sexual assault. Kidnappings and extrajudicial detentions, physical assaults, death threats, physical threats, and threats of sexual violence were also common. Our results indicate that crime and systematic abuse of human rights were common in Port-au-Prince. Although criminals were the most identified perpetrators of violations, political actors and UN soldiers were also frequently identified. These findings suggest the need for a systematic response from the newly elected Haitian government, the UN, and social service organisations to address the legal, medical, psychological, and economic consequences of widespread human rights abuses and crime.

  12. Militarization, human rights violations and community responses as determinants of health in southeastern Myanmar: results of a cluster survey.

    Science.gov (United States)

    Davis, William W; Mullany, Luke C; Schissler, Matt; Albert, Saw; Beyrer, Chris

    2015-01-01

    The Myanmar army and ethnic armed groups agreed to a preliminary ceasefire in 2012, but a heavy military presence remains in southeastern Myanmar. Qualitative data suggested this militarization can result in human rights abuses in the absence of armed engagements between the parties, and that rural ethnic civilians use a variety of self-protection strategies to avoid these abuses or reduce their negative impacts. We used data from a household survey to determine prevalence of select self-protection activities and to examine exposure to armed groups, human rights violations and self-protection activities as determinants of health in southeastern Myanmar. Data collected from 463 households via a two-stage cluster survey of conflict-affected areas in eastern Myanmar in January 2012, were analyzed using logistic regression models to identify associations between exposure to state and non-state armed groups, village self-protection, human rights abuses and health outcomes. Close proximity to a military base was associated with human rights abuses (PRR 1.30, 95 % CI: 1.14-1.48), inadequate food production (PRR 1.08, 95 % CI: 1.03-1.13), inability to access health care (PRR 1.29, 95 % CI: 1.04-1.60) and diarrhea (PRR 1.15, 95 % CI: 1.05-1.27. Direct exposure to armed groups was associated with household hunger (PRR1.71, 95 % CI: 1.30-2.23). Among households that reported no human rights abuses, risk of household hunger (PRR 5.64, 95 % CI: 1.88-16.91), inadequate food production (PRR 1.95, 95 % CI: 1.11-3.41) and diarrhea (PRR 2.53, 95 % CI: 1.45-4.42) increased when neighbors' households reported experiencing human rights abuses. Households in villages that reported negotiating with the Myanmar army had lower risk of human rights violations (PRR 0.91, 95 % CI: 0.85-0.98), household hunger (PRR 0.85, 95 % CI: 0.74-0.96), inadequate food production (PRR 0.93, 95 % CI:0.89-0.98) and diarrhea (PRR 0.89, 95 % CI:0.82-0.97). Stratified analysis suggests that self

  13. Colombia’s Victims Law and the Liability of Corporations for Human Rights Violations

    Directory of Open Access Journals (Sweden)

    Lina M. Céspedes-Báez

    2012-06-01

    Full Text Available In 2011, after four years of lobbying and political wrangling,Colombia approved Law 1448, commonly knownas the Victims Law. Its aims are broad: to be the comprehensivebody of law to address civilian populationclaims related to the armed conflict, and therefore toinclude the necessary legal reforms to restore the rule oflaw through the enforcement of victims’ rights. Currently,government, civil society and scholars are focused on themajor issues of the Law, specifically land restitution andassistance for victims. However, this new body of Law,with its 208 provisions, is broader than that, and a closereview of its articles is urgently needed. One little-studiedand apparently forgotten provision is Article 46, whichappears to put in place a specific directive to enhancethe prosecution of juridical persons for violations ofhuman rights and international humanitarian law inthe context of the Colombian armed conflict. However,a thorough analysis of its wording and history revealsthat Article 46 is incapable of establishing links betweenbusinesses and human rights and humanitarian lawviolations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutionsthat require further investigation to fill the lacuna that already exist in the countryin this subject.

  14. 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,…

  15. The human rights responsibilities of multinational tobacco companies

    Science.gov (United States)

    Crow, M

    2005-01-01

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

  16. Reproductive rights violations reported by Mexican women with HIV.

    Science.gov (United States)

    Kendall, Tamil

    2009-01-01

    Demand for reproductive health services by people with HIV is increasing, as is the urgency of protecting and promoting their reproductive rights. The reproductive rights of Mexicans with HIV are formally protected by the constitution and by health and anti-discrimination legislation, as well as by international conventions. However, the reproductive rights of women with HIV continue to be violated in public clinics and hospitals. This paper discusses three violations identified as priority problems by Mexican women with HIV, illustrating these problems with cases identified during a participatory skills building workshop. The violations cover the following rights: the right to non-discrimination, the right to adequate information and informed consent to medical procedures, and the right to choose the number and spacing of children. Physicians can either violate or promote reproductive rights. Unfortunately, in many instances Mexican physicians continue to perpetrate reproductive rights abuses against women with HIV. Collaborations between women with HIV, civil society, government, and international organizations are needed to educate and sanction health care providers and to support women with HIV in their pursuit of reproductive rights. Demanding accountability from health care practitioners and the State to guarantee reproductive rights in countries where these rights are formally protected will improve the quality of life of people with HIV and can demonstrate that rights-based approaches are compatible with and indeed, crucial for public health.

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

    Science.gov (United States)

    Lukera, MaryFrances

    2007-12-01

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

  18. Human Rights and Human Function

    Directory of Open Access Journals (Sweden)

    Mohsen Javadi

    2006-03-01

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

  19. 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…

  20. Justice heals: the impact of impunity and the fight against it on the recovery of severe human rights violations' survivors.

    Science.gov (United States)

    Rauchfuss, Knut; Schmolze, Bianca

    2008-01-01

    Case studies show that traumatized refugees, who are survivors of serious human rights violations, suffer from persisting impunity in their home countries. Ongoing impunity--the inability to overcome the legal protection of the perpetrators assured by impunity laws, incomplete truthfinding, missing integral reparation and a lack of the necessary acknowledgement by society--represents an important obstacle for the recovery of survivors of serious human rights violations. There are reports describing that a high percentage of survivors shows an elevated mental vulnerability caused by impunity. Mental health problems resulting from traumatic experiences can persist or be reactivated by certain events. In particular, family members of the forcibly disappeared suffer from an incomplete mourning due to the uncertain fate of their beloved ones. The ongoing search for the forcibly disappeared under an atmosphere of impunity puts family members under high risk of retraumatization. Studies from other continents also prove that impunity severely affects mental health. Due to the global character of impunity there can be only little evidence about a positive impact of justice on mental health. Nevertheless, a few examples, in particular from Latin America, show that the combined implementation of memory, truth and justice can have a healing impact on those who suffer from trauma. They demonstrate that the fight against impunity is not only a legitimate moral struggle for human rights, but also a basic need for the sustainable recovery of survivors.

  1. 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.…

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

    African Journals Online (AJOL)

    MJM Venter

    2017-12-19

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

  3. 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

  4. Exploration of the association between apology and forgiveness amongst victims of human rights violations.

    Science.gov (United States)

    Allan, Alfred; Allan, Maria M; Kaminer, Debra; Stein, Dan J

    2006-01-01

    Forgiving may lead to an improvement of mental health, and from a therapeutic jurisprudence perspective it is important to establish what aspects of judicial procedures can be changed to promote forgiving. The literature suggests that receiving an apology may encourage forgiving. However, there is a dearth of empirical research regarding the association between forgiving and apology in judicial settings. This paper reports the findings of a study that examined the association between forgiving and four restorative situations (i.e. excuse, admission of guilt, apology, and true sorriness) in a group of 134 victims of gross human rights violations who were actual or potential participants in the proceedings of the South African Truth and Reconciliation Commission. The best predictors of forgiveness in this sample were gender and whether victims perceived wrongdoers to be truly sorry. Copyright (c) 2006 John Wiley & Sons, Ltd.

  5. R-parity violating right-handed neutrino in gravitino dark matter scenario

    International Nuclear Information System (INIS)

    Endo, Motoi

    2009-06-01

    A decay of the gravitino dark matter is an attractive candidate to explain the current excesses of the PAMELA/ATIC cosmic-ray data. However, R-parity violations are required to be very tiny in low-energy scale. We suggest a R-parity violation in the right-handed neutrino sector. The violation is suppressed by a see-saw mechanism. Although a reheating temperature is constrained from above, the thermal leptogenesis is found to work successfully with a help of the R-parity violating right-handed neutrino. (orig.)

  6. R-parity violating right-handed neutrino in gravitino dark matter scenario

    Energy Technology Data Exchange (ETDEWEB)

    Endo, Motoi [CERN, Geneva (Switzerland). Theory Div., PH Dept.; Shindou, Tetsuo [Deutsches Elektronen-Synchrotron (DESY), Hamburg (Germany)

    2009-06-15

    A decay of the gravitino dark matter is an attractive candidate to explain the current excesses of the PAMELA/ATIC cosmic-ray data. However, R-parity violations are required to be very tiny in low-energy scale. We suggest a R-parity violation in the right-handed neutrino sector. The violation is suppressed by a see-saw mechanism. Although a reheating temperature is constrained from above, the thermal leptogenesis is found to work successfully with a help of the R-parity violating right-handed neutrino. (orig.)

  7. Medical evidence of human rights violations against non-Arabic-speaking civilians in Darfur: a cross-sectional study.

    Science.gov (United States)

    Tsai, Alexander C; Eisa, Mohammed A; Crosby, Sondra S; Sirkin, Susannah; Heisler, Michele; Leaning, Jennifer; Iacopino, Vincent

    2012-01-01

    Ongoing conflict in the Darfur region of Sudan has resulted in a severe humanitarian crisis. We sought to characterize the nature and geographic scope of allegations of human rights violations perpetrated against civilians in Darfur and to evaluate their consistency with medical examinations documented in patients' medical records. This was a retrospective review and analysis of medical records from all 325 patients seen for treatment from September 28, 2004, through December 31, 2006, at the Nyala-based Amel Centre for Treatment and Rehabilitation of Victims of Torture, the only dedicated local provider of free clinical and legal services to civilian victims of torture and other human rights violations in Darfur during this time period. Among 325 medical records identified and examined, 292 (89.8%) patients from 12 different non-Arabic-speaking tribes disclosed in the medical notes that they had been attacked by Government of Sudan (GoS) and/or Janjaweed forces. Attacks were reported in 23 different rural council areas throughout Darfur. Nearly all attacks (321 [98.8%]) were described as having occurred in the absence of active armed conflict between Janjaweed/GoS forces and rebel groups. The most common alleged abuses were beatings (161 [49.5%]), gunshot wounds (140 [43.1%]), destruction or theft of property (121 [37.2%]), involuntary detainment (97 [29.9%]), and being bound (64 [19.7%]). Approximately one-half (36 [49.3%]) of all women disclosed that they had been sexually assaulted, and one-half of sexual assaults were described as having occurred in close proximity to a camp for internally displaced persons. Among the 198 (60.9%) medical records that contained sufficient detail to enable the forensic medical reviewers to render an informed judgment, the signs and symptoms in all of the medical records were assessed to be consistent with, highly consistent with, or virtually diagnostic of the alleged abuses. Allegations of widespread and sustained torture and

  8. Medical evidence of human rights violations against non-Arabic-speaking civilians in Darfur: a cross-sectional study.

    Directory of Open Access Journals (Sweden)

    Alexander C Tsai

    Full Text Available BACKGROUND: Ongoing conflict in the Darfur region of Sudan has resulted in a severe humanitarian crisis. We sought to characterize the nature and geographic scope of allegations of human rights violations perpetrated against civilians in Darfur and to evaluate their consistency with medical examinations documented in patients' medical records. METHODS AND FINDINGS: This was a retrospective review and analysis of medical records from all 325 patients seen for treatment from September 28, 2004, through December 31, 2006, at the Nyala-based Amel Centre for Treatment and Rehabilitation of Victims of Torture, the only dedicated local provider of free clinical and legal services to civilian victims of torture and other human rights violations in Darfur during this time period. Among 325 medical records identified and examined, 292 (89.8% patients from 12 different non-Arabic-speaking tribes disclosed in the medical notes that they had been attacked by Government of Sudan (GoS and/or Janjaweed forces. Attacks were reported in 23 different rural council areas throughout Darfur. Nearly all attacks (321 [98.8%] were described as having occurred in the absence of active armed conflict between Janjaweed/GoS forces and rebel groups. The most common alleged abuses were beatings (161 [49.5%], gunshot wounds (140 [43.1%], destruction or theft of property (121 [37.2%], involuntary detainment (97 [29.9%], and being bound (64 [19.7%]. Approximately one-half (36 [49.3%] of all women disclosed that they had been sexually assaulted, and one-half of sexual assaults were described as having occurred in close proximity to a camp for internally displaced persons. Among the 198 (60.9% medical records that contained sufficient detail to enable the forensic medical reviewers to render an informed judgment, the signs and symptoms in all of the medical records were assessed to be consistent with, highly consistent with, or virtually diagnostic of the alleged abuses

  9. 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

  10. Right-handed quark mixings in minimal left-right symmetric model with general CP violation

    International Nuclear Information System (INIS)

    Zhang Yue; Ji Xiangdong; An Haipeng; Mohapatra, R. N.

    2007-01-01

    We solve systematically for the right-handed quark mixings in the minimal left-right symmetric model which generally has both explicit and spontaneous CP violations. The leading-order result has the same hierarchical structure as the left-handed Cabibbo-Kobayashi-Maskawa mixing, but with additional CP phases originating from a spontaneous CP-violating phase in the Higgs vacuum expectation values. We explore the phenomenology entailed by the new right-handed mixing matrix, particularly the bounds on the mass of W R and the CP phase of the Higgs vacuum expectation values

  11. Measuring human rights violations in a conflict-affected country: results from a nationwide cluster survey in Central African Republic

    Directory of Open Access Journals (Sweden)

    Roberts Les

    2011-03-01

    Full Text Available Abstract Background Measuring human rights violations is particularly challenging during or after armed conflict. A recent nationwide survey in the Central African Republic produced estimates of rates of grave violations against children and adults affected by armed conflict, using an approach known as the "Neighborhood Method". Methods In June and July, 2009, a random household survey was conducted based on population estimates from the 2003 national census. Clusters were assigned systematically proportional to population size. Respondents in randomly selected households were interviewed regarding incidents of killing, intentional injury, recruitment into armed groups, abduction, sexual abuse and rape between January 1, 2008 and the date of interview, occurring in their homes' and those of their three closest neighbors. Results Sixty of the selected 69 clusters were surveyed. In total, 599 women were interviewed about events in 2,370 households representing 13,669 persons. Estimates of annual rates of each violation occurring per 1000 people in each of two strata are provided for children between the ages of five and 17, adults 18 years of age and older and the entire population five years and older, along with a combined and weighted national rate. The national rates for children age five to 17 were estimated to be 0.98/1000/year (95% CI: 0.18 - 1.78 for recruitment, 2.56/1000/year (95% CI: 1.50 - 3.62 for abduction, 1.13/1000/year (95% CI: 0.33 - 1.93 for intentional injury, 10.72/1000 girls/year (95% CI: 7.40 - 14.04 for rape, and 4.80/1000 girls/year (95% CI: 2.61 - 6.00 for sexual abuse. No reports of any violation against a person under the age of five were recorded and there were no reports of rape or sexual abuse of males. No children were reported to have been killed during the recall period. Rape and abduction were the most frequently reported events. Conclusions The population-based figures greatly augment existing information on

  12. 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…

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

    Directory of Open Access Journals (Sweden)

    Carlos Portales

    2017-03-01

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

  14. Right-handed neutrinos and T-violating, P-conserving interactions

    Directory of Open Access Journals (Sweden)

    Basem Kamal El-Menoufi

    2017-02-01

    Full Text Available We show that experimental probes of the P-conserving, T-violating triple correlation in polarized neutron or nuclear β-decay provide a unique probe of possible T-violation at the TeV scale in the presence of right-handed neutrinos. In contrast to other possible sources of semileptonic T-violation involving only left-handed neutrinos, those involving right-handed neutrinos are relatively unconstrained by present limits on the permanent electric dipole moments of the electron, neutral atoms, and the neutron. On the other hand, LHC results for pp→e+ missing transverse energy imply that an order of magnitude of improvement in D-coefficient sensitivity would be needed for discovery. Finally, we discuss the interplay with the scale of neutrino mass and naturalness considerations.

  15. 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.

  16. The View From Orthodoxy: Point/Counterpoint on Globalization and Human Rights.

    Science.gov (United States)

    Schuftan, Claudio

    2018-04-01

    The long-term trend of globalization masks a frank deterioration of the situation of the have-nots. Since 1970, polarization has grown faster than inequality, with alarming consequences for human rights and the economy overall. Globalization has continued to enrich the few at the expense of providing a decent livelihood and respecting the human rights of the many. Industrialized countries continue to be the rule makers-poor countries the rule takers. Rich countries go for growth, but an inequality-entrenching growth that brings about human rights violations and poverty. In many developing economies, income inequality and the violation of human rights have clearly increased over the past 3 decades. Discriminated losers have been fighting globalization before it had a name; they still are. Globalization has thus actually resulted in greater income inequality plus human rights violations and disrupted lives. Globalization may well be a finished project. We must remind our respective governments that they have the power to improve working people's lives so that they, once and for all, address the needs of those who lose out from technological change and globalization. Otherwise, our political problems will only deepen.

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

    OpenAIRE

    2009-01-01

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

  18. 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…

  19. What Does It Mean to Understand Human Rights as Essentially ‘Triggers for Intervention’?

    Directory of Open Access Journals (Sweden)

    Hawre Hasan Hama

    2017-12-01

    Full Text Available Traditional theories of human rights regard human rights to be equivalent to universal moral rights. They also claim that human rights are justified by an appeal to some valuable aspect of human nature. These approaches, however, have been strongly challenged by the political theory of human rights. The latter derived from John Rawls’s conception of human rights in his famous work, Law of Peoples, argues that human rights are not equivalent to our universal moral rights, but are a subset of those rights: they are those rights that once violated lead to an erosion of state sovereignty, thus acting as ‘triggers for intervention’. This article mainly discusses the political conception of human rights to explain this question; what does it mean to understand human rights in the ways that their violations lead to intervention? Furthermore, the article strongly argues that such understanding of human rights is neither accurate nor helpful for reasons that will be mentioned in chapter two.

  20. Human Rights-Based Approaches to Mental Health: A Review of Programs.

    Science.gov (United States)

    Porsdam Mann, Sebastian; Bradley, Valerie J; Sahakian, Barbara J

    2016-06-01

    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.

  1. Association of sexual violence and human rights violations with physical and mental health in territories of the Eastern Democratic Republic of the Congo.

    Science.gov (United States)

    Johnson, Kirsten; Scott, Jennifer; Rughita, Bigy; Kisielewski, Michael; Asher, Jana; Ong, Ricardo; Lawry, Lynn

    2010-08-04

    Studies from the Eastern Region of the Democratic Republic of the Congo (DRC) have provided anecdotal reports of sexual violence. This study offers a population-based assessment of the prevalence of sexual violence and human rights abuses in specific territories within Eastern DRC. To assess the prevalence of and correlations with sexual violence and human rights violations on residents of specific territories of Eastern DRC including information on basic needs, health care access, and physical and mental health. A cross-sectional, population-based, cluster survey of 998 adults aged 18 years or older using structured interviews and questionnaires, conducted over a 4-week period in March 2010. Sexual violence prevalence and characteristics, symptoms of major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), human rights abuses, and physical and mental health needs among Congolese adults in specific territories of Eastern DRC. Of the 1005 households surveyed 998 households participated, yielding a response rate of 98.9%. Rates of reported sexual violence were 39.7% (95% confidence interval [CI], 32.2%-47.2%; n = 224/586) among women and 23.6% (95% CI, 17.3%-29.9%; n = 107/399) among men. Women reported to have perpetrated conflict-related sexual violence in 41.1% (95% CI, 25.6%-56.6%; n = 54/148) of female cases and 10.0% (95% CI, 1.5%-18.4%; n = 8/66) of male cases. Sixty-seven percent (95% CI, 59.0%-74.5%; n = 615/998) of households reported incidents of conflict-related human rights abuses. Forty-one percent (95% CI, 35.3%-45.8%; n = 374/991) of the represented adult population met symptom criteria for MDD and 50.1% (95% CI, 43.8%-56.3%; n = 470/989) for PTSD. Self-reported sexual violence and other human rights violations were prevalent in specific territories of Eastern DRC and were associated with physical and mental health outcomes.

  2. Imprescribility of the action and the disciplinary sanction by violation of human rigths and infractions to the humanitarian international right.

    Directory of Open Access Journals (Sweden)

    Tania Milena Daza-Márquez

    2010-06-01

    Full Text Available This article puts forward an analysis of the problem of the imprescriptibility of action and disciplinary sanctions for grave violations of human rights and international humanitarian law, committed by civil servants, particularly, members of the Military Forces and the National Police. The study deals with the regulation of disciplinary action for grave conduct within the disciplinary regime applicable to the Public Forces over the past thirty years and in the current Code of Practice on Disciplinary and Grievance Proceedures. I also illustrate the legal, political, social and economic consequences—for the Colombian State—of investigation and disciplinary sanctions for crimes against humanity or war crimes being ommitted or delayed through negligence of State offi- cials. The declaration of a prescription may be considered a means to impunity for administrative sanctions and, in turn, provides proof of the State’s failure to comply with International committments that guarantee and protect Human Rights and International Humanitarian Law. Finally, given the controversy regarding diciplinary imprescriptibility, this paper proposes a llegal reform which extends the term of prescription in order to preserve the rights of victims and the disciplined.

  3. Mass mixing, CP violation and left-right symmetry for heavy neutral mesons

    International Nuclear Information System (INIS)

    Ecker, G.; Grimus, W.

    1985-01-01

    We investigate M 0 - M-bar 0 mixing and CP violation in the minimal left-right symmetric gauge model with spontaneous P and CP violation. The dominant contributions to the mixing amplitude including QCD corrections are calculated explicitly for B 0 - B-bar 0 . While the amount of mixing is not much changed with respect to the standard model left-right symmetry can give rise to significantly larger CP violation in the B 0 sub(s) - B-bar 0 sub(s) system (up to two orders of magnitude for the dilepton charge asymmetry). Sizable CP violating effects require that the left-right contribution to the KsubLKsubS mass difference has the same sign as the standard model contribution. We also comment on D 0 - D-bar 0 mixing including a careful discussion of the standard model prediction. (Author)

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

    Directory of Open Access Journals (Sweden)

    Istrefi Remzije

    2017-11-01

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

  5. 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

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

    Directory of Open Access Journals (Sweden)

    Wemmers Jo-Anne

    2012-01-01

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

  7. Language, Education and Linguistic Human Rights in Ghana | Owu ...

    African Journals Online (AJOL)

    This paper uses both primary and secondary sources to argue that the current language policy violates the Linguistic Human Rights (LHR) of the Ghanaian child. To end this violation, the paper argues for the addition of more L1s as MoI, the cultivation of a positive attitude towards the use of L1 as MoI, the constitutional ...

  8. 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

  9. 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.

  10. Health and Human Rights in Chin State, Western Burma: A Population-Based Assessment Using Multistaged Household Cluster Sampling

    Science.gov (United States)

    Sollom, Richard; Richards, Adam K.; Parmar, Parveen; Mullany, Luke C.; Lian, Salai Bawi; Iacopino, Vincent; Beyrer, Chris

    2011-01-01

    Background The Chin State of Burma (also known as Myanmar) is an isolated ethnic minority area with poor health outcomes and reports of food insecurity and human rights violations. We report on a population-based assessment of health and human rights in Chin State. We sought to quantify reported human rights violations in Chin State and associations between these reported violations and health status at the household level. Methods and Findings Multistaged household cluster sampling was done. Heads of household were interviewed on demographics, access to health care, health status, food insecurity, forced displacement, forced labor, and other human rights violations during the preceding 12 months. Ratios of the prevalence of household hunger comparing exposed and unexposed to each reported violation were estimated using binomial regression, and 95% confidence intervals (CIs) were constructed. Multivariate models were done to adjust for possible confounders. Overall, 91.9% of households (95% CI 89.7%–94.1%) reported forced labor in the past 12 months. Forty-three percent of households met FANTA-2 (Food and Nutrition Technical Assistance II project) definitions for moderate to severe household hunger. Common violations reported were food theft, livestock theft or killing, forced displacement, beatings and torture, detentions, disappearances, and religious and ethnic persecution. Self reporting of multiple rights abuses was independently associated with household hunger. Conclusions Our findings indicate widespread self-reports of human rights violations. The nature and extent of these violations may warrant investigation by the United Nations or International Criminal Court. Please see later in the article for the Editors' Summary PMID:21346799

  11. Damned if you do, damned if you don't? The Lundbeck case of pentobarbital, the guiding principles on business and human rights, and competing human rights responsibilities.

    Science.gov (United States)

    Buhmann, Karin

    2012-01-01

    In 2011 it emerged that to induce the death penalty, United States authorities had begun giving injections of pentobarbital, a substance provided by Danish pharmaceutical company Lundbeck. Lundbeck's product pentobarbital is licensed for treatment of refractory forms of epilepsy and for usage as an anaesthetic, thus for a very different purpose. The Lundbeck case offers a difficult, but also interesting Corporate Social Responsibility (CSR) dilemma between choices facing a pharmaceutical company to stop the distribution of a medical substance in order to avoid complicity in human rights violations, or to retain distribution of the substance in order not to impede access to the medicine for those patients who need it. The dilemma arose at a time when the United Nations (UN) Secretary General's Special Representative on Business and Human Rights, Professor John Ruggie, was finalizing a set of Guiding Principles to operationalize recommendations on business and human rights that he had presented to the UN Human Rights Council in 2008. The article discusses the dilemma in which Lundbeck was placed in from the perspective of the Guiding Principles on business and human rights and the 2008 Protect, Respect, Remedy UN Framework. The analysis seeks to assess what guidance may be gauged from the Guiding Principles in relation to the dilemma at hand and discusses the adequacy the Guiding Principles for dealing with acute human rights dilemmas of conflicting requirements in which a decision to avoid one type of violation risks causing violation of another human right. The article concludes by drawing up perspectives for further development of guidance on implementation of the UN Framework that could be considered by the newly established Working Group on Business and Human Rights and related UN bodies. © 2012 American Society of Law, Medicine & Ethics, Inc.

  12. Supporting Teachers as Transformative Intellectuals: Participatory Action Research in Human Rights Education

    Science.gov (United States)

    Hersey, Page Elizabeth

    2012-01-01

    Human rights education (HRE) holds the potential for educators to begin an honest dialogue with students and to connect local issues with international struggles for human rights. However, HRE and other teaching approaches that build understanding of systems of power and oppression that lead to human rights violations are not widely embraced in…

  13. Human rights: common meaning and differences in positioning

    Directory of Open Access Journals (Sweden)

    Willem Doise

    Full Text Available Human rights are defined as normative social representations embedded in institutional juridical definitions. Research findings show that human rights can be studied as normative social representations implying a degree of common understanding across cultures together with organized differences within and between cultures. Important factors in modulating individual positioning in the realm of human rights are experiences of social conflict and injustice, beliefs about the efficiency of various social actors to have rights enforced and attitudes of liberalism or collectivism. On the other hand, an ethnocentric use of human rights is well documented and has been experimentally studied. Generally, concerns about these rights expressed by citizens of Western countries become much stronger when non-Western countries are involved, whereas violations of these rights in their own country are often not severely condemned.

  14. Examining human rights and mental health among women in drug abuse treatment centers in Afghanistan.

    Science.gov (United States)

    Abadi, Melissa Harris; Shamblen, Stephen R; Johnson, Knowlton; Thompson, Kirsten; Young, Linda; Courser, Matthew; Vanderhoff, Jude; Browne, Thom

    2012-01-01

    Denial of human rights, gender disparities, and living in a war zone can be associated with severe depression and poor social functioning, especially for female drug abusers. This study of Afghan women in drug abuse treatment (DAT) centers assesses (a) the extent to which these women have experienced human rights violations and mental health problems prior to entering the DAT centers, and (b) whether there are specific risk factors for human rights violations among this population. A total of 176 in-person interviews were conducted with female patients admitted to three drug abuse treatment centers in Afghanistan in 2010. Nearly all women (91%) reported limitations with social functioning. Further, 41% of the women indicated they had suicide ideation and 27% of the women had attempted suicide at least once 30 days prior to entering the DAT centers due to feelings of sadness or hopelessness. Half of the women (50%) experienced at least one human rights violation in the past year prior to entering the DAT centers. Risk factors for human rights violations among this population include marital status, ethnicity, literacy, employment status, entering treatment based on one's own desire, limited social functioning, and suicide attempts. Conclusions stemming from the results are discussed.

  15. Human Rights, Positive Obligations, and Measures to Prevent Human Trafficking in the UK

    OpenAIRE

    Turner, Ian David

    2015-01-01

    Article 4 of the European Convention on Human Rights is freedom from slavery. A key feature of this right is the obligation it imposes on states such as the UK to prevent violations of the freedom, such as the trafficking in human beings, by third parties. This piece finds that the UK’s response to its duties in preventing human trafficking is patchy but concludes that this will be much improved with its new Modern Slavery Bill 2014-15.

  16. 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.

  17. Left-right symmetry, mixing and CP violation in B0 - B-bar0

    International Nuclear Information System (INIS)

    Ecker, G.; Grimus, W.

    1986-01-01

    We discuss B 0 - B-bar 0 mixing and CP violation in the minimal left-right symmetric model. While the amount of mixing is not much changed with respect to the standard model, left-right symmtery can give rise to significantly larger CP violation in the B 0 sub(s) - B-bar 0 sub(s) system. (Author)

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

    OpenAIRE

    Rahayu, Rahayu

    2010-01-01

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

  19. Holding Norwegian companies accountable: the case of Western Sahara : an exploration of the Norwegian government's approach to dealing with Norwegian companies' complicity in violations of human rights abroad

    OpenAIRE

    Skogsrud, Marte

    2011-01-01

    Morocco illegally occupies the non-self-governing territory of Western Sahara, and they are strategically exploiting the natural resources rightfully belonging to the local Saharawi people. Both of these actions are in violation of international law and fundamental human rights. Norwegian companies have been complicit in Morroco‟s trade in natural resources thereby legitimising the occupation and exploitation in political, legal, moral and economic terms. In this context this thesis invest...

  20. Natural law theory and its implications for human rights in Nigeria ...

    African Journals Online (AJOL)

    The work attributed the problem of human right violations in Nigeria to illiteracy, disregard for the rule of law, corruption, as well as the erroneous mindset that supposes that what is lawful is not necessarily moral. The work also argued that the latter mindset has culminated in some, thinking that human rights should mean ...

  1. The Struggle for Human Rights in Myanmar

    Science.gov (United States)

    Keefer, Natalie

    2012-01-01

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

  2. Examining human rights and mental health among women in drug abuse treatment centers in Afghanistan

    Directory of Open Access Journals (Sweden)

    Abadi MH

    2012-04-01

    Full Text Available Melissa Harris Abadi1, Stephen R Shamblen1, Knowlton Johnson1, Kirsten Thompson1, Linda Young1, Matthew Courser1, Jude Vanderhoff1, Thom Browne21Pacific Institute for Research and Evaluation – Louisville Center, Louisville, KY, USA; 2United States Department of State, Bureau of International Narcotics and Law Enforcement, Washington, DC, USAAbstract: Denial of human rights, gender disparities, and living in a war zone can be associated with severe depression and poor social functioning, especially for female drug abusers. This study of Afghan women in drug abuse treatment (DAT centers assesses (a the extent to which these women have experienced human rights violations and mental health problems prior to entering the DAT centers, and (b whether there are specific risk factors for human rights violations among this population. A total of 176 in-person interviews were conducted with female patients admitted to three drug abuse treatment centers in Afghanistan in 2010. Nearly all women (91% reported limitations with social functioning. Further, 41% of the women indicated they had suicide ideation and 27% of the women had attempted suicide at least once 30 days prior to entering the DAT centers due to feelings of sadness or hopelessness. Half of the women (50% experienced at least one human rights violation in the past year prior to entering the DAT centers. Risk factors for human rights violations among this population include marital status, ethnicity, literacy, employment status, entering treatment based on one’s own desire, limited social functioning, and suicide attempts. Conclusions stemming from the results are discussed.Keywords: Afghanistan, women, human rights, mental health, drug abuse treatment

  3. "This Is a Public Record": Teaching Human Rights through the Performing Arts

    Science.gov (United States)

    Spero, Andrea McEvoy

    2012-01-01

    Urban youth in the United States often experience daily human rights violations such as racism and violence. Therefore, Human Rights Education (HRE) can strengthen their understanding of these issues and unleash their power to act toward positive change. This qualitative study attempted to gain a deeper understanding of the use of performance arts…

  4. Seeking asylum in Australia: immigration detention, human rights and mental health care.

    Science.gov (United States)

    Newman, Louise; Proctor, Nicholas; Dudley, Michael

    2013-08-01

    The article aims to discuss the impact of mandatory detention and human rights violations on the mental health of asylum seekers and the implications for psychiatrists and health professionals. Advocacy for human rights and engagement in social debate are core ethical and professional responsibilities. Clinicians need to maintain a focus on ethical obligations.

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

    OpenAIRE

    Ssenyonjo, M

    2007-01-01

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

  6. Human Rights and U.S. Foreign Policy in North Korea

    National Research Council Canada - National Science Library

    Hollenbaugh, Shaun

    1999-01-01

    ... the DPRK spends exorbitant amounts of money on its military. To maintain both its legitimacy and security, the Pyongyang regime purposely and willfully commits many human right violations against its own citizens. Current U.S...

  7. Bearing Witness: Citizen Journalism and Human Rights Issues

    Science.gov (United States)

    Allan, Stuart; Sonwalkar, Prasun; Carter, Cynthia

    2007-01-01

    This article assesses the potential of online news reporting to create discursive spaces for emphatic engagement--of bearing witness--at a distance, especially where human rights violations are concerned. Taking as its focus the emergent forms and practices of citizen journalism, it examines the spontaneous actions of ordinary people compelled to…

  8. Australian asylum policies: have they violated the right to health of asylum seekers?

    Science.gov (United States)

    Johnston, Vanessa

    2009-02-01

    Notwithstanding recent migration policy amendments, there is concern that Australian asylum policies have disproportionately burdened the health and wellbeing of onshore asylum seekers. There may be a case to be made that Australian governments have been in violation of the right to health of this population. The objective of this paper is to critically examine these issues and assess the implications for public health practice. The author undertook a review of the recent empirical literature on the health effects of post-migration stressors arising from Australian policies of immigration detention, temporary protection and the restriction of Medicare to some asylum seekers. This evidence was examined within the context of Australia's international law obligations. Findings reveal that Australian asylum policies of detention, temporary protection and the exclusion of some asylum seekers from Medicare rights have been associated with adverse mental health outcomes for this population. This is attributable to the impact of these policies on accessing health care and the underlying determinants of health for asylum seekers. It is arguable that Australian Governments have been discriminating against asylum seekers by withholding access on the grounds of their migration status, to health care and to the core determinants of health in this context. In so doing, Australia may have been in violation of its obligation to respect the right to health of this population. While the 'right to health' framework has much to offer public health, it is an undervalued and poorly understood discipline. The author argues for more education, research and advocacy around the intersection between heath and human rights.

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

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

    Despite the prevalence of human rights and international humanitarian law violations in Afghanistan, the Afghan media has generally not gone beyond reporting broad allegations. ... Eleven world-class research teams set to improve livestock vaccine development and production to benefit farmers across the Global South.

  10. 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

  11. SHARI’A, INDIGENOUS WISDOM AND HUMAN RIGHTS: A Brief Review of Human Rights Enforcement in the Context of Indonesian History

    Directory of Open Access Journals (Sweden)

    JM. Muslimin

    2015-12-01

    Full Text Available This article deals with the analysis of how human rights discourses have been articulated in the landscape of Indonesia’s history. The paper argues that the idea of Shari’aization can undermine the search for the common ground in building the discourses of human rights. The history of Indonesia can be classified into three eras: pre-colonial, post-colonial and reform era. Along the history, the spirit of human rights enforcement grows from, and interacts with, Islam and local culture. The language and expression take various forms in accordance with socio-cultural contexts and challenges. However, the essence of the enforcement is rooted in the universal values: freedom from oppression, fear, discrimination and gender inequality. In the future, smart dialogue, sharp debate and sincere discussion between ‘local’ symbolic expression and universal standardization are still needed. In addition, the gap can be narrowed also by responding actual violation of human right as it is indicated by Indonesian history: history of social consensus.

  12. PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG

    Directory of Open Access Journals (Sweden)

    Joni Efraim Liunima

    2016-01-01

    Full Text Available Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen

  13. Abortion in the light of case-law of the European Court of Human Rights

    OpenAIRE

    Koubková, Iveta

    2012-01-01

    Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...

  14. Reconciling female genital circumcision with universal human rights.

    Science.gov (United States)

    Gordon, John-Stewart

    2017-09-18

    One of the most challenging issues in cross-cultural bioethics concerns the long-standing socio-cultural practice of female genital circumcision (FGC), which is prevalent in many African countries and the Middle East as well as in some Asian and Western countries. It is commonly assumed that FGC, in all its versions, constitutes a gross violation of the universal human rights of health, physical integrity, and individual autonomy and hence should be abolished. This article, however, suggests a mediating approach according to which one form of FGC, the removal of the clitoris foreskin, can be made compatible with the high demands of universal human rights. The argument presupposes the idea that human rights are not absolutist by nature but can be framed in a meaningful, culturally sensitive way. It proposes important limiting conditions that must be met for the practice of FGC to be considered in accordance with the human rights agenda. © 2017 John Wiley & Sons Ltd.

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

    OpenAIRE

    Istrefi, Remzije

    2017-01-01

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

  16. Development of society and human rights and freedom

    Directory of Open Access Journals (Sweden)

    Vilić Dragana

    2015-01-01

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

  17. Perspectives for detecting lepton flavour violation in left-right symmetric models

    International Nuclear Information System (INIS)

    Bonilla, Cesar; Krauss, Manuel E.; Opferkuch, Toby; Porod, Werner

    2017-01-01

    We investigate lepton flavour violation in a class of minimal left-right symmetric models where the left-right symmetry is broken by triplet scalars. In this context we present a method to consistently calculate the triplet-Yukawa couplings which takes into account the experimental data while simultaneously respecting the underlying symmetries. Analysing various scenarios, we then calculate the full set of tree-level and one-loop contributions to all radiative and three-body flavour-violating fully leptonic decays as well as μ−e conversion in nuclei. Our method illustrates how these processes depend on the underlying parameters of the theory. To that end we observe that, for many choices of the model parameters, there is a strong complementarity between the different observables. For instance, in a large part of the parameter space, lepton flavour violating τ-decays have a large enough branching ratio to be measured in upcoming experiments. Our results further show that experiments coming online in the immediate future, like Mu3e and BELLE II, or longer-term, such as PRISM/PRIME, will probe significant portions of the currently allowed parameter space.

  18. Perspectives for detecting lepton flavour violation in left-right symmetric models

    Energy Technology Data Exchange (ETDEWEB)

    Bonilla, Cesar [AHEP Group, Instituto de Física Corpuscular - C.S.I.C./Universitat de València,Edificio de Institutos de Paterna, C/Catedratico José Beltrán 2,E-46980 Paterna (València) (Spain); Krauss, Manuel E.; Opferkuch, Toby [Bethe Center for Theoretical Physics & Physikalisches Institut der Universität Bonn,Nussallee 12, 53115 Bonn (Germany); Porod, Werner [Institut für Theoretische Physik und Astronomie, Universität Würzburg,Am Hubland, 97074 Würzburg (Germany)

    2017-03-06

    We investigate lepton flavour violation in a class of minimal left-right symmetric models where the left-right symmetry is broken by triplet scalars. In this context we present a method to consistently calculate the triplet-Yukawa couplings which takes into account the experimental data while simultaneously respecting the underlying symmetries. Analysing various scenarios, we then calculate the full set of tree-level and one-loop contributions to all radiative and three-body flavour-violating fully leptonic decays as well as μ−e conversion in nuclei. Our method illustrates how these processes depend on the underlying parameters of the theory. To that end we observe that, for many choices of the model parameters, there is a strong complementarity between the different observables. For instance, in a large part of the parameter space, lepton flavour violating τ-decays have a large enough branching ratio to be measured in upcoming experiments. Our results further show that experiments coming online in the immediate future, like Mu3e and BELLE II, or longer-term, such as PRISM/PRIME, will probe significant portions of the currently allowed parameter space.

  19. Correlates of violence in Guinea's Maison Centrale Prison: a statistical approach to documenting human rights abuses.

    Science.gov (United States)

    Osborn, Ronald E

    2010-12-15

    Les Mêmes Droits Pour Tous (MDT) is a human rights NGO in Guinea, West Africa that focuses on the rights of prisoners in Maison Centrale, the country's largest prison located in the capital city of Conakry. In 2007, MDT completed a survey of the prison population to assess basic legal and human rights conditions. This article uses statistical tools to explore MDT's survey results in greater depth, shedding light on human rights violations in Guinea. It contributes to human rights literature that argues for greater use of econometric tools in rights reporting, and demonstrates how human rights practitioners and academics can work together to construct an etiology of violence and torture by state actors, as physical violence is perhaps the most extreme violation of the individual's right to health. Copyright © 2010 Osborn. 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.

  20. The Accountability Turn in Third Wave Human Rights Fact-Finding

    Directory of Open Access Journals (Sweden)

    Federica D'Alessandra

    2017-04-01

    Full Text Available Whereas the characteristics of human rights fact-finding largely vary depending on the typology and scope of the entity that carries it out, consensus seems to be developing that a common set of challenges to human rights fact-finding exists. This is especially so when carried out under United Nations auspices. For example, it has long been acknowledged that the very nature of the institution, sitting as it does at the crossroads of international politics, as well as the seemingly irresolvable tension between calls for human rights protection on the one hand, and State sovereignty on the other, present some structural challenges to human rights fact-finding. Furthermore, issues of coordination between the United Nations and other institutions (such as international governmental and non-governmental organisations, or international tribunals, as well as what some have called a ‘lack of institutional memory’ arguably often feature as regular traits among fact-finding mechanisms. In recent years, a further set of challenges has been added to the mix by additional requirements, featuring increasingly often in mandates, that instruct fact-finding mechanisms to make further determinations of facts (concerning, 'e.g.', the identity of those most responsible for the violations being documented, or the existence of an armed conflict and even consider questions of law ('e.g.' the qualification of the violations as crimes under international law. Building on an expanding body of scholarship on the subject, as well as the author’s own experience with fact-finding efforts sitting at the intersection between traditional international human rights law and international criminal justice, this article argues: (i that human rights fact-finding has evolved in three waves; (ii that the third wave of human rights fact-finding is characterised by an “accountability turn”; and that (iii this turn has brought about an additional set of challenges to the

  1. CONSIDERATIONS ON THE IMPORTANCE OF OBSERVING HUMAN RIGHTS WITHIN EUROPEAN STATES

    Directory of Open Access Journals (Sweden)

    Isabela, STANCEA

    2014-11-01

    Full Text Available The detailed analysis of the institution of human rights and fundamental freedoms is necessary to know its role. The promotion of the human condition in the world leads to the innovative interpretation of this institution. The existence of so many international legal instruments aims towards a better protection of the human rights in contemporary society. The issue of human rights has occupied an important role within the states, human rights violations being a common concern, especially in the former communist states. The issue of human rights in Romania has emerged and developed very early. The changes made in Romania by the revolution of 22 December 1989 caused an intense process of amending the legislation in order to be correlated with the international standards. Within European states human rights observance has acquired great importance, a matter which will be emphasised in the future as well. The European Court of Human Rights ensures the guarantee of respecting human rights in Europe, having as legal instrument the European Convention on Human Rights.

  2. Where syntax meets math: Right Intraparietal Sulcus activation in response to grammatical number agreement violations

    Science.gov (United States)

    Carreiras, Manuel; Carr, Lindsay; Barber, Horacio A.; Hernandez, Arturo

    2009-01-01

    Previous research has shown that the processing of words referring to actions activated motor areas. Here we show activation of the right intraparietal sulcus, an area that has been associated with quantity processing, when participants are asked to read pairs of words with number agreement violations as opposed to phrases with gender agreement violations or with no violation. In addition, we show activation in the left premotor and left inferior frontal areas when either gender or number agreement is violated. We argue that number violation automatically activates processes linked to quantity processing which are not directly related to language mechanisms. PMID:19800410

  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. The legal status of evidence obtained through human rights ...

    African Journals Online (AJOL)

    The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and ...

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

    Directory of Open Access Journals (Sweden)

    ULDARICIO FIGUEROA PLÁ

    2017-12-01

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

  6. The Legal Framework Of Human Rights Crime As An Extraordinary Crime

    Directory of Open Access Journals (Sweden)

    Dedy Siswadi

    2015-08-01

    Full Text Available Abstract This research reviews the legal framework of human rights crime as an extraordinary crime as an approach in the settlement of criminal cases. The outcomes of the research indicate that modern human rights law developed out of customs and theories that established the rights of the individual in relation to the state. Disagreements regarding human rights violations which can only be done by the state and its agents or can also be done by non-government units still exist at the moment. As it turns out in practice however it has certain weaknesses particularly in legislation concerning serious crimes of human rights both as ius constituendum and ius constitutum still needs to be improved especially in the implementation of human rights on judiciary system. Therefore serious crimes against human rights are included as an extraordinary crime. The handling of the cases was incredible and special has become a logical consequence to be included as an extraordinary crime.

  7. Perception of human rights temperature of community in persons with severe mental illnesses

    Directory of Open Access Journals (Sweden)

    Barnadin Shibu

    2017-01-01

    Full Text Available Background: Despite the rights of persons with mental illnesses (PwMI are protected by law in India, human rights of PwMI is being violated in many ways. There is dearth of literature on the human rights of PwMI in India. Materials and Methods: This cross-sectional study was conducted to understand the perceived human rights temperature of community in PwMI. Data were collected from PwMI (diagnosed with schizophrenia, bipolar disorder and schizoaffective disorder, and symptomatically stable for 3 years seeking outpatient psychiatric treatment from private psychiatric hospitals and clinics in Kozhikode (Calicut district of Kerala state, India. Data were collected using “Taking the Human Rights Temperature of Your Community” which was modified and validated in Indian population and a sociodemographic schedule which was prepared by the researchers. Results: The majority were males (54.2%. Mean duration of illness as 10.42 ± 6.43 years. Mean score of the human rights temperature was 68.31 ± 5.95. Perceived major concerns in the areas of career opportunity (59.5%, discrimination in hiring for work (61.3%, help and care in development of PwMI (64.5%, equal opportunity to avail treatment and cost incurred in it (60.5%, involvement in decision making (46.7%, and responsiveness of the community when any rights violation happens (44.9%. Conclusion: Human rights of PwMI are a major concern. Functioning of the mental health authority and legal aid clinics has to be strengthened to address rights issues of PwMI.

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

    Science.gov (United States)

    Birgden, Astrid; Cucolo, Heather

    2011-09-01

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

  9. Human rights of the mentally ill in Indonesia.

    Science.gov (United States)

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

    2015-06-01

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

  10. 47 Employing the Mass Media for the Promotion of Human Rights in ...

    African Journals Online (AJOL)

    First Lady

    2013-01-28

    Jan 28, 2013 ... This is found in the human rights protection system of states, international ... the press and to deliver expected benefits to the society. The theory .... provides for gender equality, cases of violations of women's rights and gender ... schooling for the last few years, the rate of girls attending school is still much ...

  11. IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS

    Directory of Open Access Journals (Sweden)

    Carlos Arevalo

    2013-11-01

    Full Text Available All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessary to attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare of its members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field.

  12. The Human Rights Context for Ethical Requirements for Involving People with Intellectual Disability in Medical Research

    Science.gov (United States)

    Iacono, T.; Carling-Jenkins, R.

    2012-01-01

    Background: The history of ethical guidelines addresses protection of human rights in the face of violations. Examples of such violations in research involving people with intellectual disabilities (ID) abound. We explore this history in an effort to understand the apparently stringent criteria for the inclusion of people with ID in research, and…

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

    African Journals Online (AJOL)

    It is argued that Ubuntu in becoming – with reference to the thoughts of Giorgio Agamben – can counteract human rights violations. In this way, Ubuntu, as an instance of African philosophy of education, can respond more positively to genocide, tribal conflict and wars, and the rape and abuse of women and children on the ...

  14. Advancing sexual health through human rights: the role of the law.

    Science.gov (United States)

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

    2015-01-01

    Since the International Conference on Population and Development, definitions of sexuality and sexual health have been greatly elaborated alongside widely accepted recognition that sexual health requires respect, protection and fulfilment of human rights. Considerable progress has also been made in enacting or changing laws that affect sexuality and sexual health, in line with human rights standards. These measures include legal guarantees against non-discrimination and violence, decriminalisation of consensual sexual conduct and guaranteeing availability, accessibility, acceptability and quality of sexual health information and services to all. Such legal actions have had positive effects on health and specifically on sexual health, particularly for marginalised populations. Yet in all regions of the world, laws still exist which jeopardise health, including sexual health, and violate human rights. In order to ensure accountability for the rights and health of their populations, states have an obligation to bring their laws into line with international, regional and national human rights standards. These rights-based legal guarantees, while insufficient alone, are essential for effective systems of accountability, achieving positive sexual health outcomes and the respect and protection of human rights.

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

    Directory of Open Access Journals (Sweden)

    Armando Zuluaga-Gómez

    2018-02-01

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

  16. Retrospective of the human rights situation in Croatia through legislation and judicial practice, with emphasis on minority rights

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    Lončar Semina

    2009-01-01

    Full Text Available Since the establishment of new states of former Yugoslavia, the Republic of Croatia led discriminatory legislative and judicial policies towards minorities, politically 'unsuitable' and families of mixed ethnic structure, with the aim of creating ethnically pure Croatian. For this purpose, brought a series of racist and discriminatory laws, some of which had a retroactive effect and apply, all to existing state: deportation of over 350,000 citizens, the confiscation of over 30,000 apartments, the suspension of payments of pensions over 33,000 users, mining and destruction of over 78,000 residential and farm buildings in private ownership, and other damages... caused solely due to ethnicity - legalized. In addition to the illegal seizure of property, are members of minority status and the laws reduced civil rights, and which further worsened their position in Croatia. The legislative policy is followed synchromesh and jurisprudence, so that damaged and disenfranchised people are not even legal way was able to obtain their material status and rights were before the war, as well as Croatian citizens, and had made in Croatia. Unfortunately, the institutions of the European Court of Human Rights, which many believed, proved a failure, because it is generally rejected all claims for refund compensation or restoration - not believing that the Croatian courts violate any law, or that the damage caused prior to November 1997th, ie, until the signing of the Convention, Croatia is not responsible. Since Croatian independence until today, discrimination against minorities (mostly by Serbian, although under pressure from the international community an improved law - in practice, remained present in almost all spheres of life. In addition to Serbian, has problems and the Albanian minority, which Croatia is denied issuance of work permits, and thus the right to stay, and deportation orders from the economic crisis, the structure of human rights extended to all

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

    Science.gov (United States)

    Uberoi, Diya; de Bruyn, Maria

    2013-06-14

    States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights. Copyright © 2013 Uberoi and de Bruyn. 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.

  18. Fluoridation: a violation of medical ethics and human rights.

    Science.gov (United States)

    Cross, Douglas W; Carton, Robert J

    2003-01-01

    Silicofluorides, widely used in water fluoridation, are unlicensed medicinal substances, administered to large populations without informed consent or supervision by a qualified medical practitioner. Fluoridation fails the test of reliability and specificity, and, lacking toxicity testing of silicofluorides, constitutes unlawful medical research. It is banned in most of Europe; European Union human rights legislation makes it illegal. Silicofluorides have never been submitted to the U.S. FDA for approval as medicines. The ethical validity of fluoridation policy does not stand up to scrutiny relative to the Nuremberg Code and other codes of medical ethics, including the Council of Europe's Biomedical Convention of 1999. The police power of the State has been used in the United States to override health concerns, with the support of the courts, which have given deference to health authorities.

  19. Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

    Science.gov (United States)

    Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

    2012-06-15

    The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes. Copyright © 2012 Meier, Nygren

  20. 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.

  1. Between Truth and Amnesia: State Terrorism, Human Rights Violations and Transitional Justice in Brazil

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    Iasmin Goes

    2013-04-01

    Full Text Available Abstract:The military rule in Brazil between 1964 and 1985 employed less violence than similar authoritarian regimes in neighbouring countries, and attempted to maintain a façade of legitimacy by allowing for a consented opposition. Nevertheless, Brazil was the last Latin American nation to establish a truth commission. Ever since the Amnesty Law was passed in 1979, authorities and citizens have both struggled to come to terms with the human rights violations committed in the past. The Brazilian government went as far as offering material reparations to the presumed victims without disclosing official information to establish what the reparations were being paid for. Is it better to remember or forget? This Exploration discusses transitional justice strategies, and documents recent developments in Brazil's political history.Resumen: Entre la verdad y la amnesia. Terrorismo de Estado, violaciones de derechos humanos y justicia transicional en BrasilEntre 1964 y 1985, el régimen militar en Brasil empleó menos violencia que regímenes autoritarios de países vecinos, e intentó mantener una fachada de legitimidad. Sin embargo, Brasil fue el último país latinoamericano en establecer una comisión de la verdad. Desde la aprobación de la Ley de Amnistía en 1979, tanto las autoridades como los ciudadanos luchan para hacer justicia a las violaciones de derechos humanos cometidas en el pasado. El gobierno brasileño llegó al extremo de ofrecer reparaciones materiales a las presuntas víctimas, sin revelar informaciones oficiales para establecer por qué las estaba pagando. ¿Es mejor recordar u olvidar? Esta Exploración analiza las estrategias de justicia transicional y documenta evoluciones recientes en la política histórica brasileña.

  2. Issues of biomedically assisted fertilization before the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2011-01-01

    Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

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

    Science.gov (United States)

    Cole, Wade M

    2012-05-01

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

  4. Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

    Science.gov (United States)

    Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

    2016-01-12

    Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

  5. Access to justice: evaluating law, health and human rights programmes in Kenya.

    Science.gov (United States)

    Gruskin, Sofia; Safreed-Harmon, Kelly; Ezer, Tamar; Gathumbi, Anne; Cohen, Jonathan; Kameri-Mbote, Patricia

    2013-11-13

    In Kenya, human rights violations have a marked impact on the health of people living with HIV. Integrating legal literacy and legal services into healthcare appears to be an effective strategy to empower vulnerable groups and address underlying determinants of health. We carried out an evaluation to collect evidence about the impact of legal empowerment programmes on health and human rights. The evaluation focused on Open Society Foundation-supported legal integration activities at four sites: the Academic Model of Providing Access to Healthcare (AMPATH) facility, where the Legal Aid Centre of Eldoret (LACE) operates, in Eldoret; Kenyatta National Hospital's Gender-based Violence Recovery Centre, which hosts the COVAW legal integration program; and Christian Health Association of Kenya (CHAK) facilities in Mombasa and Naivasha. In consultation with the organizations implementing the programs, we designed a conceptual logic model grounded in human rights principles, identified relevant indicators and then coded structure, process and outcome indicators for the rights-related principles they reflect. The evaluation included a resource assessment questionnaire, a review of program records and routine data, and semi-structured interviews and focus group discussions with clients and service providers. Data were collected in May-August 2010 and April-June 2011. Clients showed a notable increase in practical knowledge and awareness about how to access legal aid and claim their rights, as well as an enhanced ability to communicate with healthcare providers and to improve their access to healthcare and justice. In turn, providers became more adept at identifying human rights violations and other legal difficulties, which enabled them to give clients basic information about their rights, refer them to legal aid and assist them in accessing needed support. Methodological challenges in evaluating such activities point to the need to strengthen rights-oriented evaluation

  6. The politics of death in Mexico: dislocating human rights and asylum law through hybrid agents.

    Directory of Open Access Journals (Sweden)

    Ariadna Estévez

    2013-12-01

    Full Text Available In 2006 Mexico’s then-president Felipe Calderón declared war on drug trafficking. The human toll was devastating with the loss of over 95,000 lives and the forced disappearance of more than 27,000 people. In addition, two percent of the Mexican population was displaced with families forced to flee their homes in the face of criminal violence. This article offers an explanation of how death, forced disappearances, persecution and exile are in essence the specific effects of governmentalization of the Mexican state. This govern­mentalization includes the shared use, by criminals and authorities, of techniques for dominating the population and controlling the conduct of citizens through the practices of death, that is, by employing the politics of death (necropolitics. The article goes on to discuss how the objectives, rationality and governmentalization of the State serve to dislocate human rights discourse in such a way that its truth politics excludes people suffering serious human rights violations, such as Mexican asylum seekers. This is accompanied by a new mode of subjectivity produced by Mexico's politics of death – the Endriago subject – which operates as a hybrid perpetrator of human rights violations.

  7. Forests of fear: The abuse of human rights in forest conflicts

    OpenAIRE

    Magin, G.

    2001-01-01

    Metadata only record Abuses of human rights occur in forest conflicts all over the world, from Canada and the USA to Brazil, from Kenya to Indonesia. In many cases, blatant and often brutal abuses occur when a conflict escalates, following the violation of internationally recognized rights to land, a decent standard of living, and a clean and healthy environment. Looked at on their own, many of these examples of abuse may be regarded as isolated incidents of criminal activity. Put together...

  8. Gender-related differences in the human rights needs of patients with mental illness.

    Science.gov (United States)

    Vijayalakshmi, Poreddi; Reddemma, Konduru; Math, Suresh Bada

    2012-06-01

    Individuals with mental illness commonly experience human rights violations while seeking to meet their basic needs. There is lack of research in developing countries on gender-related differences in human rights needs. This study investigated gender differences in perceived human rights needs at the family and community levels in individuals with mental illness in India. This descriptive study surveyed 100 asymptomatic individuals with mental illness at a tertiary care center. Subject selection employed a random sampling method. Data were collected using face-to-face interviews based on a structured needs assessment questionnaire. Data were analyzed and interpreted using descriptive and inferential statistics. Subjects enjoyed a satisfactory level of fulfillment in the physical dimension of human rights needs, which included food, housing, and clothing. Men expressed lower satisfaction than women with perceived human rights needs fulfillment in the emotional dimension. This included fear of family members (χ = 9.419, p human rights needs fulfillment in social and ethical dimensions. The former included freedom to leave the home (χ = 11.277, p human rights needs of people with mental illness and that legislation must be strengthened to meet the human rights needs of this disadvantaged population.

  9. Of Mermaids and Changelings: Human Rights, Folklore and Contemporary Irish Language Poetry

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    Rióna Ní Fhrighil

    2017-10-01

    Full Text Available This article investigates the intersection of human rights discourse, Irish folklore and contemporary Irish-language poetry. The author contends that contemporary Irish-language poets Louis de Paor and Nuala Ní Dhomhnaill exploit the multi-faceted nature of international folklore motifs, along with their local variants, to represent human rights violations in their poetry. Focusing specifically on the motif of the changeling in De Paor’s poetry and on the motif of the mermaid in Ní Dhomhnaill’s, the author traces how folklore material is reimagined in ways that eschew uncomplicated transnational solidarity but which engender empathetic settlement.

  10. Negotiating the hard/soft law divide in business and human rights : The implementation of the UNGPs in the European Union

    NARCIS (Netherlands)

    Augenstein, Daniel

    2018-01-01

    The article discusses the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union against the backdrop of perennial debates between proponents of ‘hard’ versus ‘soft’ law approaches to preventing and redressing corporate-related human rights violations.

  11. Household exposure to violence and human rights violations in western Bangladesh (II: history of torture and other traumatic experience of violence and functional assessment of victims

    Directory of Open Access Journals (Sweden)

    Biswas Shuvodwip

    2009-11-01

    Full Text Available Abstract Background Organised crime and political violence (OPV and human rights violations have marred Bangladesh history since 1971. Little is known about the consequences for the oppressed population. This study describes the patterns of OPV and human rights violations in a disturbed area of Bangladesh and assesses the physical, emotional and social functioning of victims. Methods A total of 236 of selected participants in a household survey in Meherpur district were recruited for a detailed study. Interviews and physical examinations were used to obtain information about history of torture and other cruel, inhuman or degrading treatment or punishment (TCIDTP, and about injuries, pain frequency and intensity. Handgrip strength and standing balance performance were measured. The "WHO-5 Well-being" scale was used to assess the subjective emotional well-being of study participants. Results The majority of the reported cases of TCIDTP occurred in 2000-2008, 51% of incidents occurred during winter; 32.0% between 20:00 and midnight. Police involvement was reported in 75% of cases. Incidents took place at victims' homes (46.7%, or at the police station, military camp, in custody or in prison (21.9%. Participants experienced 1-10 TCIDTP methods and reported 0-6 injury locations on their bodies; 77.5% reported having at least two injuries. Less than half of the participants were able to stand on one leg for 30 seconds. Only 7.5% of males aged 25-44 had handgrip strength in both hands exceeding average values for healthy people at the same age. Over 85% of participants scored low ( Conclusion A detailed picture of characteristics of the victimisation is presented. The participants showed poor emotional well-being and reduced physical capacity. The results indicated that the simple and rapid method of assessment used here is a promising tool that could be used to monitor the quality and outcome of rehabilitation.

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

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

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

  13. Sexual and bodily rights as human rights in the Middle East and North Africa.

    Science.gov (United States)

    Ercevik Amado, Liz

    2004-05-01

    A regional workshop on sexual and bodily rights as human rights in the Middle East and North Africa was held in Malta in 2003, attended by 22 NGO representatives from Jordan, Egypt, Lebanon, Palestine, Tunisia, Morocco, Algeria, Turkey, Pakistan and USA. The meeting aimed to develop strategies for overcoming human rights violations in the region with reference to law and social and political practices. Session topics included sexuality and gender identity; sexuality and sexual health; sexuality and comparative penal law; sexual rights in international documents; advocacy and lobbying. Sexual rights, sexual health and education, sexual violence and adolescent sexuality were explored in depth, including taboos and emerging trends. Specific areas of concern included marital rape, early marriages, temporary marriages, sexual orientation, premarital and extramarital sexuality, honour crimes, female genital mutilation, unmarried mothers, adolescent sexuality, unwanted pregnancies and safe abortion, sexuality in education and health services. An analysis of civil codes, penal codes and personal status codes indicated a clear imperative for legal reform. Participants heard about efforts to promote the right to sexual orientation which have already been initiated in Lebanon, Turkey and Tunisia. Networking within the region and with counterparts in other regions in comparable situations and conditions was deemed essential.

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

    Science.gov (United States)

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

    2007-01-01

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

  15. Human Rights Education: A Pedagogical and Didactic (Teaching Strategy Focused in a Controversial Perspective

    Directory of Open Access Journals (Sweden)

    Abraham Magendzo-Kolstrein

    2015-09-01

    Full Text Available The purpose of this article, which can be envision as an essay, is to present a pedagogical-didactic strategy for human rights education focusing on the controversy. Advancements and setbacks faced by human rights education in Latin America are exposed in order to support this strategy. Therefore, it indicates that education has denied the conflict and explains the need for its inclusion under the idea of ‘controversial issue’. Additionally, the existence of conflicts in the interpretation, violation and/or respect for human rights is pointed out. The principal tensions that cross human rights are displayed. Based on the above, the need to support the existence of a human rights education focusing on the conflict and central components of its teaching strategy are described, and it ends by referring to its didactic approach and the role which should be assumed by faculty when teaching human rights including the conflict.

  16. Human-vehicle embodiment when predictability is violated.

    Science.gov (United States)

    Tanida, Koji; Paolini, Marco; Silveira, Sarita

    2017-09-01

    Embodiment in human-vehicle interaction is higher for perceived safety than for perceived risk. When operational anticipations are violated, experiencing a vehicle as body-extension is negatively correlated with operational effort as indicated by neural activation in the motor system. © 2017 The Institute of Psychology, Chinese Academy of Sciences and John Wiley & Sons Australia, Ltd.

  17. Critical Evaluation of International Treaties and Conventions on Women’s Human Right. A Perspective

    Directory of Open Access Journals (Sweden)

    Sindhu Vijaya KUMAR

    2012-08-01

    Full Text Available Human right is a complete concept within it which never tends to devide the identity of men or women but simply say human. The ways in which women experience human rights and human right violations are unique. While human rights are often understood as the rights that everyone has by virtue of their humanity, the assumption that all humans have the same experiences and needs is particularly problematic for women. The human right revolution which has become a core principle of almost all the laws of the nation around the world discern that its essences is not just in enumerating it into a piece of law but practically applying it and respecting it, as an eternal part of justice. There is an urgent need to adopt balance approach in identifying the rights of women as human right. At the same time identifying this right individually and as part universal phenomenon of human right should be the concern of every woman in every walk of life. The present study undertakes a doctrinal research and attempt to critically analyze the practical application of human right norms from both national and international law perspective, thus drawing the attention of human right activist to this problematic area of concern.

  18. Reconciling international human rights and cultural relativism: the case of female circumcision.

    Science.gov (United States)

    James, Stephen A

    1994-01-01

    How can we reconcile, in a non-ethnocentric fashion, the enforcement of international, universal human rights standards with the protection of cultural diversity? Examining this question, taking the controversy over female circumcision as a case study, this article will try to bridge the gap between the traditional anthropological view that human rights are non-existent -- or completely relativised to particular cultures -- and the view of Western naturalistic philosophers (including Lockeian philosophers in the natural rights tradition, and Aquinas and neo-Thomists in the natural law tradition) that they are universal -- simply derived from a basic human nature we all share. After briefly defending a universalist conception of human rights, the article will provide a critique of female circumcision as a human rights violation by three principal means: by an internal critique of the practice using the condoning cultures' own functionalist criteria; by identifying supra-national norms the cultures subscribe to which conflict with the practice; and by the identification of traditional and novel values in the cultures, conducive to those norms. Through this analysis, it will be seen that cultural survival, diversity and flourishing need not be incompatible with upholding international, universal human rights standards.

  19. Victims of ‘private’ crimes and application of human rights in interpersonal relations

    Directory of Open Access Journals (Sweden)

    Reiter Axelle

    2013-01-01

    Full Text Available International human rights law has been challenged because of its alleged inability to safeguard the rights of the most vulnerable victims of violence. Whereas in real life they are often marginalized and effectively left without adequate protection, this is not to be attributed to the absence of an appropriate normative framework but rather to the contempt, lack of enforcement and systemic neglect of their claims. This paper proposes to find a ‘cure’ inside international human rights law, by strengthening the mechanisms that permit a horizontal application of human rights standards in private relations. The paper is divided in four sections. The first section describes the problematic at hand, focusing in particular on violence against women and children. The three subsequent sections then analyze the avenues open to victims in order to claim a ‘third-party’ application of human rights treaties against non-state actors who have violated their fundamental rights.

  20. Thematic procedures of the United Nations Commission on human rights and international law : in search of a sense of community

    NARCIS (Netherlands)

    Gutter, Jeroen

    2006-01-01

    This study investigates the so-called "thematic approach" as a method available to the United Nations Commission on Human Rights to take cognizance of and to react upon violations of human rights worldwide. To this end, three different thematic procedures, the Working Group on Enforced or

  1. Genetics and human rights. Two histories: Restoring genetic identity after forced disappearance and identity suppression in Argentina and after compulsory isolation for leprosy in Brazil

    Science.gov (United States)

    Penchaszadeh, Victor B.; Schuler-Faccini, Lavinia

    2014-01-01

    Over the past three decades, there has been an accelerated development of genetic technology, leading to its use in human genetic identification for many purposes. Additionally, it has been made explicit that identity is a fundamental human right. A number of historical circumstances have connected these developments. Personal identity is increasingly associated with the preservation and defense of human rights and is a tool to repair the violation of these rights, particularly the right to identity. In this article, we report the use of genetics to support the right to identity in two historical circumstances. First, we report the search, localization, DNA testing and genetic identification of 110 individuals who were appropriated as babies by the Argentine military dictatorship of 1976–1983 in the context of savage repression and egregious violations of human rights, including forced disappearance and suppression of identity. Second, we report on the repair of right-to-identity violations of hundreds of individuals that occurred during the process of compulsory isolation of patients with leprosy in Brazil through the Program “Reencontro”, which has led to the genetic identification of 158 pairs of individuals who previously did not have proof that they were siblings. The high value placed on genetic identification by victims of identity suppression did not counter the prevailing view that genetic factors were not more important than other factors (social, emotional, educational, cultural, spiritual) in determining the complex phenomenon of personal identity. The use of genetic identification as a tool to redress and repair human rights violations is a novel application of human genetics for the benefit of mankind. PMID:24764764

  2. Genetics and human rights. Two histories: Restoring genetic identity after forced disappearance and identity suppression in Argentina and after compulsory isolation for leprosy in Brazil.

    Science.gov (United States)

    Penchaszadeh, Victor B; Schuler-Faccini, Lavinia

    2014-03-01

    Over the past three decades, there has been an accelerated development of genetic technology, leading to its use in human genetic identification for many purposes. Additionally, it has been made explicit that identity is a fundamental human right. A number of historical circumstances have connected these developments. Personal identity is increasingly associated with the preservation and defense of human rights and is a tool to repair the violation of these rights, particularly the right to identity. In this article, we report the use of genetics to support the right to identity in two historical circumstances. First, we report the search, localization, DNA testing and genetic identification of 110 individuals who were appropriated as babies by the Argentine military dictatorship of 1976-1983 in the context of savage repression and egregious violations of human rights, including forced disappearance and suppression of identity. Second, we report on the repair of right-to-identity violations of hundreds of individuals that occurred during the process of compulsory isolation of patients with leprosy in Brazil through the Program "Reencontro", which has led to the genetic identification of 158 pairs of individuals who previously did not have proof that they were siblings. The high value placed on genetic identification by victims of identity suppression did not counter the prevailing view that genetic factors were not more important than other factors (social, emotional, educational, cultural, spiritual) in determining the complex phenomenon of personal identity. The use of genetic identification as a tool to redress and repair human rights violations is a novel application of human genetics for the benefit of mankind.

  3. Genetics and human rights: Two histories: restoring genetic identity after forced disappearance and identity suppression in Argentina and after compulsory isolation for leprosy in Brazil

    Directory of Open Access Journals (Sweden)

    Victor B. Penchaszadeh

    2014-01-01

    Full Text Available Over the past three decades, there has been an accelerated development of genetic technology, leading to its use in human genetic identification for many purposes. Additionally, it has been made explicit that identity is a fundamental human right. A number of historical circumstances have connected these developments. Personal identity is increasingly associated with the preservation and defense of human rights and is a tool to repair the violation of these rights, particularly the right to identity. In this article, we report the use of genetics to support the right to identity in two historical circumstances. First, we report the search, localization, DNA testing and genetic identification of 110 individuals who were appropriated as babies by the Argentine military dictatorship of 1976-1983 in the context of savage repression and egregious violations of human rights, including forced disappearance and suppression of identity. Second, we report on the repair of right-to-identity violations of hundreds of individuals that occurred during the process of compulsory isolation of patients with leprosy in Brazil through the Program "Reencontro", which has led to the genetic identification of 158 pairs of individuals who previously did not have proof that they were siblings. The high value placed on genetic identification by victims of identity suppression did not counter the prevailing view that genetic factors were not more important than other factors (social, emotional, educational, cultural, spiritual in determining the complex phenomenon of personal identity. The use of genetic identification as a tool to redress and repair human rights violations is a novel application of human genetics for the benefit of mankind.

  4. Elimination of corporal punishment of children's a human right

    Directory of Open Access Journals (Sweden)

    Stevanović Ivana

    2010-01-01

    Full Text Available The authors indicate the necessity of explicit legal prohibition of all corporal punishment of children that represent a violation of the right of the child to respect his/her physical integrity and human dignity. The paper emphasizes why all corporal punishment of children should be prohibited and points out the progress made at the legislative level to the elimination of all corporal punishment of children in some member states of the Council of Europe and the Republic of Serbia.

  5. "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

  6. Genitalverstümmelungen aller Art sind Menschenrechtsverletzungen All types of genital mutilation are human rights violations

    Directory of Open Access Journals (Sweden)

    Melanie Feuerbach

    2004-03-01

    Full Text Available Die in Amerika lebende, 1924 geborene Hanny Lightfood-Klein befasst sich in ihrem Buch Der Beschneidungsskandal mit global verbreiteten Verstümmelungspraktiken an intersexuellen, weiblichen und männlichen Genitalien. Als Menschenrechtsverletzungen werden diese, aus soziokulturell unterschiedlichem Kontext stammenden Praktiken in ihrer Schädlichkeit dokumentiert und kommentiert. Die hohe Zahl der Gebärmutterentfernungen, Damm- und Kaiserschnitten in Industriestaaten wird von der Autorin kritisch in Frage gestellt. Zudem werden Schönheitsoperationen kritisiert. Die westliche Öffentlichkeit tendiere zur Barbarisierung und/oder Exotisierung afrikanischer Praktiken, ignoriere jedoch die in Industriestaaten serienmäßig durchgeführten Verstümmelungspraktiken. Diese würden bislang tabuisiert und selten öffentlich diskutiert. Ziel des Buches sei es deshalb, die Öffentlichkeit über die Problematik dieser Eingriffe aufzuklären und zu sensibilisieren. Die Autorin will ferner motivieren, gegen diese Praktiken einzutreten.Born in 1924 and now living in America, the author of The Circumcision Scandal, Hanny Lightfood-Klein, deals in her book with the global practices of mutilation of intersexual, female and male genitals. She documents and critiques the harmfulness of these human rights violations, which stem from different socio-cultural contexts. The author critically addresses the large number of hysterectomies, episiotomies, and Caesareans in industrialised societies and criticises cosmetic surgery. The western public tends to barbarise and/or exoticise African practices of mutilation, but at the same time ignores those practices regularly carried out in industrialised societies. Up until now such practices have been taboo and rarely discussed in public. Hence, this book aims to make the public more aware of these operations and to encourage people to stand up against such practices.

  7. Assessing human rights impacts in corporate development projects

    Energy Technology Data Exchange (ETDEWEB)

    Salcito, Kendyl, E-mail: kendyl.salcito@unibas.ch [Department of Epidemiology and Public Health, Swiss Tropical and Public Health Institute, P.O. Box, CH-4002 Basel (Switzerland); University of Basel, P.O. Box, CH-4003 Basel (Switzerland); NomoGaia, 1900 Wazee Street, Suite 303, Denver, CO 80202 (United States); NewFields, LLC, Denver, CO 80202 (United States); Utzinger, Jürg, E-mail: juerg.utzinger@unibas.ch [Department of Epidemiology and Public Health, Swiss Tropical and Public Health Institute, P.O. Box, CH-4002 Basel (Switzerland); University of Basel, P.O. Box, CH-4003 Basel (Switzerland); Weiss, Mitchell G., E-mail: Mitchell-g.Weiss@unibas.ch [Department of Epidemiology and Public Health, Swiss Tropical and Public Health Institute, P.O. Box, CH-4002 Basel (Switzerland); University of Basel, P.O. Box, CH-4003 Basel (Switzerland); Münch, Anna K., E-mail: annak.muench@gmail.com [Emerging Pathogens Institute, University of Florida, Gainesville, FL 32610 (United States); Singer, Burton H., E-mail: bhsinger@epi.ufl.edu [Emerging Pathogens Institute, University of Florida, Gainesville, FL 32610 (United States); Krieger, Gary R., E-mail: gkrieger@newfields.com [NewFields, LLC, Denver, CO 80202 (United States); Wielga, Mark, E-mail: wielga@nomogaia.org [NomoGaia, 1900 Wazee Street, Suite 303, Denver, CO 80202 (United States); NewFields, LLC, Denver, CO 80202 (United States)

    2013-09-15

    Human rights impact assessment (HRIA) is a process for systematically identifying, predicting and responding to the potential impact on human rights of a business operation, capital project, government policy or trade agreement. Traditionally, it has been conducted as a desktop exercise to predict the effects of trade agreements and government policies on individuals and communities. In line with a growing call for multinational corporations to ensure they do not violate human rights in their activities, HRIA is increasingly incorporated into the standard suite of corporate development project impact assessments. In this context, the policy world's non-structured, desk-based approaches to HRIA are insufficient. Although a number of corporations have commissioned and conducted HRIA, no broadly accepted and validated assessment tool is currently available. The lack of standardisation has complicated efforts to evaluate the effectiveness of HRIA as a risk mitigation tool, and has caused confusion in the corporate world regarding company duties. Hence, clarification is needed. The objectives of this paper are (i) to describe an HRIA methodology, (ii) to provide a rationale for its components and design, and (iii) to illustrate implementation of HRIA using the methodology in two selected corporate development projects—a uranium mine in Malawi and a tree farm in Tanzania. We found that as a prognostic tool, HRIA could examine potential positive and negative human rights impacts and provide effective recommendations for mitigation. However, longer-term monitoring revealed that recommendations were unevenly implemented, dependent on market conditions and personnel movements. This instability in the approach to human rights suggests a need for on-going monitoring and surveillance. -- Highlights: • We developed a novel methodology for corporate human rights impact assessment. • We piloted the methodology on two corporate projects—a mine and a plantation.

  8. Assessing human rights impacts in corporate development projects

    International Nuclear Information System (INIS)

    Salcito, Kendyl; Utzinger, Jürg; Weiss, Mitchell G.; Münch, Anna K.; Singer, Burton H.; Krieger, Gary R.; Wielga, Mark

    2013-01-01

    Human rights impact assessment (HRIA) is a process for systematically identifying, predicting and responding to the potential impact on human rights of a business operation, capital project, government policy or trade agreement. Traditionally, it has been conducted as a desktop exercise to predict the effects of trade agreements and government policies on individuals and communities. In line with a growing call for multinational corporations to ensure they do not violate human rights in their activities, HRIA is increasingly incorporated into the standard suite of corporate development project impact assessments. In this context, the policy world's non-structured, desk-based approaches to HRIA are insufficient. Although a number of corporations have commissioned and conducted HRIA, no broadly accepted and validated assessment tool is currently available. The lack of standardisation has complicated efforts to evaluate the effectiveness of HRIA as a risk mitigation tool, and has caused confusion in the corporate world regarding company duties. Hence, clarification is needed. The objectives of this paper are (i) to describe an HRIA methodology, (ii) to provide a rationale for its components and design, and (iii) to illustrate implementation of HRIA using the methodology in two selected corporate development projects—a uranium mine in Malawi and a tree farm in Tanzania. We found that as a prognostic tool, HRIA could examine potential positive and negative human rights impacts and provide effective recommendations for mitigation. However, longer-term monitoring revealed that recommendations were unevenly implemented, dependent on market conditions and personnel movements. This instability in the approach to human rights suggests a need for on-going monitoring and surveillance. -- Highlights: • We developed a novel methodology for corporate human rights impact assessment. • We piloted the methodology on two corporate projects—a mine and a plantation. • Human

  9. Gas Flaring in Nigeria. A Human Rights, Environmental and Economic Monstrosity

    International Nuclear Information System (INIS)

    Osuoka, Asume; Roderick, P.

    2005-06-01

    This Report tracks the flaring back to the closing days of colonial history, sketches the scale of the activity in what has become one of the world's biggest oil and gas producing countries, explains some of its implications for climate change and communities, shows how the practice constitutes a violation of human rights and is generally prohibited under the regulations, and concludes with recommendations for its elimination, and transparency

  10. THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Intan Innayatun Soeparna

    2008-10-01

    Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

  11. The 2013 Elections in Zimbabwe: End of an Era for Human Rights Discourse?

    Directory of Open Access Journals (Sweden)

    Cornelias Ncube

    2013-01-01

    Full Text Available This paper examines the implications of Zimbabwe’s 2013 harmonised elections on the opposition’s continued deployment of the rights-based discourse to make moral and political claims against and demands of the state. Since 2000, two polarising strands of the human rights discourse – 1 the right to self-determination and 2 civil and political rights – were deployed by the state and the opposition, respectively, in order to challenge extant relations and structures of power. The acutely strained state–society relations in post-2000 Zimbabwe emanated from human rights violations by the state as it responded to challenges to its political power and legitimacy. However, the relative improvement in the human rights situation in the country since the 2009 coalition government came into office, and during and since the recently concluded peaceful 2013 elections – the flawed electoral process itself notwithstanding – suggests a need for alternative new ways to make moral and political demands of the state in the future.

  12. African palm in Los Rios Province of Ecuador: agrobusiness, the state and violation of peasants´ rights

    Directory of Open Access Journals (Sweden)

    Natalia Landívar

    2013-10-01

    Full Text Available This article provides an analysis of the African palm cluster in the upper region of Los Rios province, and is an emblematic case that reveals the current condition of the power exerted by agro-business in Ecuador. As the analysis of the various actors of the cluster demonstrates, this sector has relied on strong state support, as a result of coalitions between State and a handful of big companies that concentrate the sector’s income and result in the violation of peasant and small producers Human Rights. This process, apparently, hides the historical discrimination towards this constituency and perpetuates historical disadvantages and social debts in our society.

  13. Cameroon: UN group finds detention of gay men a violation of human rights.

    Science.gov (United States)

    Pearshouse, Richard; Klein, Alana

    2006-12-01

    In an opinion issued on 11 October 2006, the United Nations Working Group on Arbitrary Detention declared that the detention of 11 men in Cameroon on the basis of their presumed sexual orientation constituted an arbitrary deprivation of liberty and a violation of the principle of equal protection of the law. The Working Group called on the Cameroonian government to "examine the possibility of amending the legislation" criminalizing homosexual sex.

  14. 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

  15. The Paradox of Happiness: Health and Human Rights in the Kingdom of Bhutan.

    Science.gov (United States)

    Mason Meier, Benjamin; Chakrabarti, Averi

    2016-06-01

    The Kingdom of Bhutan is seeking to progressively realize the human right to health without addressing the cross-cutting human rights principles essential to a rights-based approach to health. Through a landscape analysis of the Bhutanese health system, documentary review of Bhutanese reporting to the United Nations human rights system, and semi-structured interviews with health policymakers in Bhutan, this study examines the normative foundations of Bhutan's focus on "a more meaningful purpose for development than just mere material satisfaction." Under this development paradigm of Gross National Happiness, the Bhutanese health system meets select normative foundations of the right to health, seeking to guarantee the availability, accessibility, acceptability, and quality of health care and underlying determinants of health. However, where Bhutan continues to restrict the rights of minority populations-failing to address the ways in which human rights are indivisible, interdependent, and interrelated-additional reforms will be necessary to realize the right to health. Given the continuing prevalence of minority rights violations in the region, this study raises research questions for comparative studies in other rights-denying national contexts and advocacy approaches to advance principles of non-discrimination, participation, and accountability through health policy.

  16. Bioethics, Human Rights, and Childbirth.

    Science.gov (United States)

    Erdman, Joanna

    2015-06-11

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

  17. Household exposure to violence and human rights violations in western Bangladesh (II): history of torture and other traumatic experience of violence and functional assessment of victims

    Science.gov (United States)

    2009-01-01

    Background Organised crime and political violence (OPV) and human rights violations have marred Bangladesh history since 1971. Little is known about the consequences for the oppressed population. This study describes the patterns of OPV and human rights violations in a disturbed area of Bangladesh and assesses the physical, emotional and social functioning of victims. Methods A total of 236 of selected participants in a household survey in Meherpur district were recruited for a detailed study. Interviews and physical examinations were used to obtain information about history of torture and other cruel, inhuman or degrading treatment or punishment (TCIDTP), and about injuries, pain frequency and intensity. Handgrip strength and standing balance performance were measured. The "WHO-5 Well-being" scale was used to assess the subjective emotional well-being of study participants. Results The majority of the reported cases of TCIDTP occurred in 2000-2008, 51% of incidents occurred during winter; 32.0% between 20:00 and midnight. Police involvement was reported in 75% of cases. Incidents took place at victims' homes (46.7%), or at the police station, military camp, in custody or in prison (21.9%). Participants experienced 1-10 TCIDTP methods and reported 0-6 injury locations on their bodies; 77.5% reported having at least two injuries. Less than half of the participants were able to stand on one leg for 30 seconds. Only 7.5% of males aged 25-44 had handgrip strength in both hands exceeding average values for healthy people at the same age. Over 85% of participants scored low (political involvement, personal conflicts and the fear of neighbourhood violence strongly affected emotional well-being. Good emotional well-being correlated with increased political and social participation. Conclusion A detailed picture of characteristics of the victimisation is presented. The participants showed poor emotional well-being and reduced physical capacity. The results indicated that

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

    Science.gov (United States)

    Miranda, Patricia

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

  19. Fighting ambient air pollution and its impact on health: from human rights to the right to a clean environment.

    Science.gov (United States)

    Guillerm, N; Cesari, G

    2015-08-01

    Clean air is one of the basic requirements of human health and well-being. However, almost nine out of 10 individuals living in urban areas are affected by air pollution. Populations living in Africa, South-East Asia, and in low- and middle-income countries across all regions are the most exposed. Exposure to outdoor air pollution ranks as the ninth leading risk factor for mortality, killing 3.2 million people each year, especially young children, the elderly, persons with lung or cardiovascular disease, those who work or exercise outdoors and low-income populations. In October 2013, the International Agency for Research on Cancer (IARC) classified outdoor air pollution as carcinogenic to humans, calling air pollution 'a major environmental health problem'. Human rights and environmental norms are powerful tools to combat air pollution and its impact on health. The dependence of human rights on environmental quality has been recognised in international texts and by human rights treaty bodies. The growing awareness of the environment has already yielded considerable legislative and regulatory output. However, the implementation of standards remains a pervasive problem. In the fight against violations of norms, citizens have a crucial role to play. We discuss the relevance of a yet to be proclaimed standalone right to a healthy environment.

  20. PORNOGRAPHY: HUMAN RIGHT OR HUMAN RIGHTS VIOLATION

    African Journals Online (AJOL)

    2010-04-12

    Apr 12, 2010 ... A number of laws are in place to prevent children from being exposed to .... Most sexual and pornography addictions are formed in middle childhood or ..... in dysfunctional families, and/or children who are mentally challenged ..... Handbook of psycho-therapy and behavior change: An empirical analysis, pp.

  1. Pornography: Human right or human rights violation?

    Directory of Open Access Journals (Sweden)

    Elisabet le Roux

    2010-10-01

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

  2. The modernizing bias of human rights: stories of mass killings and genocide in Central America.

    Science.gov (United States)

    Ekern, Stener

    2010-01-01

    This article analyses selected cases of mass killings and genocide during the civil wars in El Salvador and Guatemala in the 1980s and the way in which the truth commissions in both countries reframed locally grounded narratives to fit the state-centred language of human rights. Redefining wrongdoings as human rights violations produces stories that communicate poorly with local worldviews because the 'truths' that human rights language proposes disregard local realities and transform local conflicts into a type of 'modern', nationwide struggles. Thus, while the concept of genocide might capture well the horrendous nature of a mass killing, it will also ethnify the conflict. Comparisons between local readings and human rights-based reinterpretations reveal a 'modernizing' or 'Westernizing' bias of international law; the article argues for more awareness about such effects in analysis as well as in policy-making.

  3. Human rights approach to maternal & child health: has India fared well?

    Science.gov (United States)

    Ram, F; Singh, Abhishek; Ram, Usha

    2013-04-01

    The objectives of the study were to examine: right to access maternal health; right to access child health; and right to access improved water and sanitation in India. We used large-scale data sets like District Level Household Survey conducted in 2007-08 and National Family Health Surveys conducted during 1992-93, 1998-99, and 2005-06 to fulfil the objectives. The selection of the indicator variables was guided by the Human Rights' Framework for Health and Convention of the Rights of the Child- Articles 7, 24 and 27. We used univariate and bivariate analysis along with ratio of access among non-poor to access among poor to fulfil the objectives. Evidence clearly suggested gross violation of human rights starting from the birth of an individual. Even after 60 years of independence, significant proportions of women and children do not have access to basic services like improved drinking water and sanitation. There were enormous socio-economic and residence related inequalities in maternal and child health indicators included in the study. These inequalities were mostly to the disadvantage of the poor. The fulfilment of the basic human rights of women and children is likely to pay dividends in many other domains related to overall population and health in India.

  4. The human rights of intersex people: addressing harmful practices and rhetoric of change.

    Science.gov (United States)

    Carpenter, Morgan

    2016-05-01

    Intersex people and bodies have been considered incapable of integration into society. Medical interventions on often healthy bodies remain the norm, addressing perceived familial and cultural demands, despite concerns about necessity, outcomes, conduct and consent. A global and decentralised intersex movement pursues simple core goals: the rights to bodily autonomy and self-determination, and an end to stigmatisation. The international human rights system is responding with an array of new policy statements from human rights institutions and a handful of national governments recognising the rights of intersex people. However, major challenges remain to implement those statements. Human rights violations of intersex individuals persist, deeply embedded in a deliberate history of silencing. Rhetoric of change to clinical practices remain unsubstantiated. Policy disjunctions arise in a framing of intersex issues as matters of sexual orientation and gender identity, rather than innate sex characteristics; this has led to a rhetoric of inclusion that is not matched by the reality. This paper provides an overview of harmful practices on intersex bodies, human rights developments, and rhetorics of change and inclusion. Copyright © 2016 Elsevier Inc. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Prasetyo YA

    2009-06-01

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

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

    Science.gov (United States)

    Irmansyah, I; Prasetyo, YA; Minas, H

    2009-01-01

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

  7. The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally

    Science.gov (United States)

    Fine, Johanna B.; Mayall, Katherine; Sepúlveda, Lilian

    2017-01-01

    Abstract International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women’s and girls’ fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women’s access to safe abortion services, demonstrating the influence of these human rights standards in advancing women’s reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women’s and girls’ full reproductive autonomy. PMID:28630542

  8. 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)

  9. Right unitarity triangles, stable CP-violating phases and approximate quark-lepton complementarity

    International Nuclear Information System (INIS)

    Xing Zhizhong

    2009-01-01

    Current experimental data indicate that two unitarity triangles of the CKM quark mixing matrix V are almost the right triangles with α∼90 deg. We highlight a very suggestive parametrization of V and show that its CP-violating phase φ is nearly equal to α (i.e., φ-α∼1.1 deg.). Both φ and α are stable against the renormalizaton-group evolution from the electroweak scale M Z to a superhigh energy scale M X or vice versa, and thus it is impossible to obtain α=90 deg. at M Z from φ=90 deg. at M X . We conjecture that there might also exist a maximal CP-violating phase φ∼90 deg. in the MNS lepton mixing matrix U. The approximate quark-lepton complementarity relations, which hold in the standard parametrizations of V and U, can also hold in our particular parametrizations of V and U simply due to the smallness of |V ub | and |V e3 |.

  10. Re-conceptualizing the International System: The Need for nsa Inclusion in the International Human Rights Regime

    Directory of Open Access Journals (Sweden)

    Andrea BALDA ASPIAZU

    2017-08-01

    Full Text Available The growing role of nonstate actors in an international system that was created to deal mainly with state and not entities has allowed these actors considerable freedom from the accountability of their actions, especially in the realm of human rights. Both International Relations theory and International Law need to deal in an interdisciplinary manner to close this loophole in order to at least offer an incentive for nonstate actors to avoid further violations of human rights and humanitarian law in the future.

  11. Men's exposure to human rights violations and relations with perpetration of intimate partner violence in South Africa.

    Science.gov (United States)

    Gupta, Jhumka; Reed, Elizabeth; Kelly, Jocelyn; Stein, Dan J; Williams, David R

    2012-06-01

    Despite widespread apartheid-related human rights violations (HRV) and intimate partner violence (IPV) in South Africa, research investigating the influence of HRV on IPV perpetration is scarce. This study analysed data from the South Africa Stress and Health Study, a cross-sectional survey conducted from 2003 to 2004 with 4351 South Africans examining public health concerns associated with apartheid. Analyses were restricted to men who had ever been married or had ever cohabited with a female partner. Logistic regression was used to examine associations between experiences of HRV and lifetime physical IPV perpetration. A total of 772 South Africa men met the study criteria (389 liberation supporters and 383 government supporters). Adjusted logistic regression analyses indicated that among liberation supporters, a significant association existed between experiencing major HRV (AOR 2.40, 95% CI 1.20 to 4.81), custody-related HRV (AOR 6.61, 95% CI 2.00 to 21.83), victimisation of close friends/family members (AOR 3.38, 95% CI 1.26 to 9.07) and physical IPV perpetration. Among government supporters, a significant association was observed between experiencing HRV (AOR 2.99, 95% CI 1.34 to 6.65) and victimisation of close friends/immediate family (AOR 5.42, 95% CI 1.44 to 19.02) and IPV perpetration. This work indicates the importance of men's experiences with HRV with regard to IPV perpetration risk. Future work is needed to understand the mechanisms underlying the observed relationships, particularly regarding mental health and gender norms as suggested by current literature, in order to inform interventions in South Africa and other regions affected by politically motivated conflict.

  12. Domain-specific rationality in human choices: violations of utility axioms and social contexts.

    Science.gov (United States)

    Wang, X T

    1996-07-01

    This study presents a domain-specific view of human decision rationality. It explores social and ecological domain-specific psychological mechanisms underlying choice biases and violations of utility axioms. Results from both the USA and China revealed a social group domain-specific choice pattern. The irrational preference reversal in a hypothetical life-death decision problem (a classical example of framing effects) was eliminated by providing a small group or family context in which most subjects favored a risky choice option regardless of the positive/negative framing of choice outcomes. The risk preference data also indicate that the subjective scope of small group domain is larger for Chinese subjects, suggesting that human choice mechanisms are sensitive to culturally specific features of group living. A further experiment provided evidence that perceived fairness might be one major factor regulating the choice preferences found in small group (kith-and-kin) contexts. Finally, the violation of the stochastic dominance axiom of the rational theory of choice was predicted and tested. The violations were found only when the "life-death" problem was presented in small group contexts; the strongest violation was found in a family context. These results suggest that human decisions and choices are regulated by domain-specific choice mechanisms designed to solve evolutionary recurrent and adaptively important problems.

  13. The infra-value of human rights in the context of assisted regulation in México.

    Science.gov (United States)

    Esparza-Pérez, Rosa Verónica

    Infertility represents a problem in the context of reproductive health; to treat it were developed the techniques of assisted human reproduction, despite medical advances, the practice of techniques is subject to medical, legal and ethical dysfunctions. In Mexico, since the late 1980s assisted reproduction clinics were set up in public and private sector hospitals; however, they do not yet have a legal framework to regulate them in a specific way, which causes human rights violations that could be avoided with adequate regulation. This article advances the need to provide Mexico with such regulation as a means of guaranteeing both human rights and the rights of physicians and other health workers involved in these techniques. Copyright: © 2017 SecretarÍa de Salud.

  14. Experience and lessons from health impact assessment for human rights impact assessment.

    Science.gov (United States)

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

    2015-09-16

    As globalisation has opened remote parts of the world to foreign investment, global leaders at the United Nations and beyond have called on multinational companies to foresee and mitigate negative impacts on the communities surrounding their overseas operations. This movement towards corporate impact assessment began with a push for environmental and social inquiries. It has been followed by demands for more detailed assessments, including health and human rights. In the policy world the two have been joined as a right-to-health impact assessment. In the corporate world, the right-to-health approach fulfils neither managers' need to comprehensively understand impacts of a project, nor rightsholders' need to know that the full suite of their human rights will be safe from violation. Despite the limitations of a right-to-health tool for companies, integration of health into human rights provides numerous potential benefits to companies and the communities they affect. Here, a detailed health analysis through the human rights lens is carried out, drawing on a case study from the United Republic of Tanzania. This paper examines the positive and negative health and human rights impacts of a corporate operation in a low-income setting, as viewed through the human rights lens, considering observations on the added value of the approach. It explores the relationship between health impact assessment (HIA) and human rights impact assessment (HRIA). First, it considers the ways in which HIA, as a study directly concerned with human welfare, is a more appropriate guide than environmental or social impact assessment for evaluating human rights impacts. Second, it considers the contributions HRIA can make to HIA, by viewing determinants of health not as direct versus indirect, but as interrelated.

  15. Violações de direitos humanos, lei e memória coletiva Human rights violations, law and collective memory

    Directory of Open Access Journals (Sweden)

    Joachim J. Savelsberg

    2007-11-01

    Full Text Available Respostas institucionais a violações maciças dos direitos humanos e do direito humanitário podem afetar os registros de direitos humanos futuros, pois, entre outras implicações, contribuem para aviventar a memória coletiva referente aos capítulos sombrios da história de uma nação. Este artigo explora, primeiramente, as idéias teóricas concernentes ao impacto que respostas legais podem ter sobre a memória coletiva e o trauma cultural. Em seguida, procede a um exame das formas de mensuração empírica dos efeitos de processos jurídicos sobre a memória coletiva, discriminando sistematicamente os passos seguidos em estudos recentes acerca da memória coletiva de atrocidades, tomando como exemplos as guerras do Vietnã e dos Bálcãs enquanto reportadas pelo New York Times e em livros de história dos Estados Unidos. Alguns dos resultados desses estudos são relatados, indicando os efeitos condicionais e seletivos de processos criminais incidentes sobre a memória coletiva. Por fim, são elaboradas conclusões visando a pesquisas futuras na América Latina e alhures.Institutional responses to gross violations of human rights and humanitarian law may affect future human rights records, partly by contributing to the collective memory of the dark chapters in a nation's history. This article begins with an exploration of various theoretical ideas concerning the impact of legal responses on collective memory and cultural trauma. It examines ways of empirically measuring the effects of law trials on collective memory, systematically analyzing the procedures adopted in recent studies into the collective memory of atrocities. Here it takes as examples the Vietnam and Balkan wars as reported in the New York Times and described in textbooks on the History of the United States. Some of the findings from these studies are explored, indicating the conditional and selective effects of criminal trials on collective memory. Finally, the article

  16. Inconvenient Human Rights: Water and Sanitation in Sweden's Informal Roma Settlements.

    Science.gov (United States)

    Davis, Martha F; Ryan, Natasha

    2017-12-01

    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.

  17. Errors and violations

    International Nuclear Information System (INIS)

    Reason, J.

    1988-01-01

    This paper is in three parts. The first part summarizes the human failures responsible for the Chernobyl disaster and argues that, in considering the human contribution to power plant emergencies, it is necessary to distinguish between: errors and violations; and active and latent failures. The second part presents empirical evidence, drawn from driver behavior, which suggest that errors and violations have different psychological origins. The concluding part outlines a resident pathogen view of accident causation, and seeks to identify the various system pathways along which errors and violations may be propagated

  18. Lawful Solutions For Violation On Women In Sports

    Directory of Open Access Journals (Sweden)

    Sakáčová Zuzana

    2015-11-01

    Full Text Available This contribution deals with the legal aspects and acts of violence against a group of women in sport. Discussions about violence in society and thus on violence in sport are often associated with people's thoughts about the moral state of society as a whole. Violence against women is one of the most widespread violations of human dignity. It represents a violation of human rights, namely the right to life, the right to safety, the right to dignity, the right to physical and mental integrity. It is desirable to raise awareness about the prevention of sexual violence at all levels. We have to focus on preventive precautions to support projects to fight violence and intolerance in sport, to develop codes of conduct that determine the relationship between athletes, relations between men and women, as well as relations between coaches and officials, relations between parents and coaches. The Slovak Republic is only at the beginning of the way of creating the relationship between law and sport. Therefore, it is necessary to increase the legal awareness of sport as a tool for regulation in sport activities.

  19. 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.

  20. Inalienable Rights of Children

    Science.gov (United States)

    Zirbes, Laura

    2017-01-01

    Rights are statements of claim. The very conception of human rights cannot be understood without reference to the aggressive disposition to invade, violate, or override them. When socially sensitive leaders rise to the acceptance of these rights,... gradually such expressions of social conviction are either set aside due to some less idealistic…

  1. Multiple representations of a human rights violation: Competing ...

    African Journals Online (AJOL)

    discourses in TRC narratives and related media texts*. Mary Bock ... ubuntu ("one form of our human mutuality") is "a mutuality of speech". "Speaking ..... as a leader and a person who took the struggle for freedom and justice seriously made.

  2. Human rights trauma and the mental health of West Papuan refugees resettled in Australia.

    Science.gov (United States)

    Rees, Susan; Silove, Derrick M; Tay, Kuowei; Kareth, Moses

    2013-08-19

    To document the extent and nature of human rights violations and other traumatic events reported by West Papuan refugees resettled in Australia and to assess trauma-related psychological disorders, distress and disability. Australian-based sample, mixed-methods design with 44 participants, conducted in Australia between October 2007 and November 2010 in communities in North Queensland and Melbourne. West Papuan refugees aged 18 years and over (88% response rate). Post-traumatic stress disorder (PTSD) symptoms (Harvard Trauma Questionnaire) and premigration potentially traumatic events (PTEs), psychological distress (Kessler Psychological Distress Scale [K10]), post-migration living difficulties, days out of role. Of the 44 West Papuan refugees, 40 reported one or more PTE, including inability to access medical care for family (40), lack of food and water (39) and lack of access to medical treatment (38). The most frequent postmigration stressors were separation from and worries about family members remaining in West Papua (43) and being unable to return home in an emergency because of ongoing conflict (41). Twenty-six participants reached a lower threshold for PTSD symptoms of 2.0, and 13 reached the clinical threshold of 2.5. Fourteen reported severe psychological distress. West Papuan refugees resettled in Australia report a wide range of premigration PTEs including human rights violations, as well as symptoms of PTSD and distress. The data add to concerns about the state of human rights and mental health among West Papuans.

  3. Human rights and global business: the evolving notion of corporate civil responsibility

    OpenAIRE

    Bachmann, Sascha-Dominik

    2010-01-01

    Global market participation of corporations often leads to a conflict of duties: the duty to its customers and shareholder to “do business” vs. the duty to protect the populations affected by these business operations. Today, in a reality where gross human rights violations are not only committed by states and individuals but increasingly by multinational corporations (MNCs) by aiding and abetting the actual perpetrators in the states where MNCs operate, the global recession has aggravated th...

  4. Household exposure to violence and human rights violations in western Bangladesh (II): history of torture and other traumatic experience of violence and functional assessment of victims.

    Science.gov (United States)

    Wang, Shr-Jie; Haque, Mohammad Akramul; Masum, Saber-Ud-Daula; Biswas, Shuvodwip; Modvig, Jens

    2009-11-27

    Organised crime and political violence (OPV) and human rights violations have marred Bangladesh history since 1971. Little is known about the consequences for the oppressed population. This study describes the patterns of OPV and human rights violations in a disturbed area of Bangladesh and assesses the physical, emotional and social functioning of victims. A total of 236 of selected participants in a household survey in Meherpur district were recruited for a detailed study. Interviews and physical examinations were used to obtain information about history of torture and other cruel, inhuman or degrading treatment or punishment (TCIDTP), and about injuries, pain frequency and intensity. Handgrip strength and standing balance performance were measured. The "WHO-5 Well-being" scale was used to assess the subjective emotional well-being of study participants. The majority of the reported cases of TCIDTP occurred in 2000-2008, 51% of incidents occurred during winter; 32.0% between 20:00 and midnight. Police involvement was reported in 75% of cases. Incidents took place at victims' homes (46.7%), or at the police station, military camp, in custody or in prison (21.9%). Participants experienced 1-10 TCIDTP methods and reported 0-6 injury locations on their bodies; 77.5% reported having at least two injuries. Less than half of the participants were able to stand on one leg for 30 seconds. Only 7.5% of males aged 25-44 had handgrip strength in both hands exceeding average values for healthy people at the same age. Over 85% of participants scored low (<13) on the 25-point "WHO-5 Well-being" scale. The number of years since the TCIDTP event, pain frequency, the need to quit a job to take care of an injured family member, political involvement, personal conflicts and the fear of neighbourhood violence strongly affected emotional well-being. Good emotional well-being correlated with increased political and social participation. A detailed picture of characteristics of the

  5. The impact of decisions the european court of human rights on the legal system of Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Сидоренко

    2015-11-01

    Full Text Available The article describes the identifying areas of influence of the European Court on the legal system of Ukraine, as well as the enforcement mechanism of decisions. Analyzes the problems that affect the designated question and points of view of different scholars and practitioners. In Europe there are different documents – convention covenants, charters that provide and ensure the inclusion of a special protection mechanism in case of violation of human rights. These documents Convention on Human Rights and Fundamental Freedoms (Rome, 1950, hereinafter - the Convention, which provides the most effective and real protection mechanism for human rights. Convention not only proclaimed fundamental human rights, but also created a special mechanism to protect them. The key to this mechanism is the European Court of Human Rights. European Court of Human Rights (hereinafter - the Court located in Strasbourg, France. Its jurisdiction extends to forty-seven European states that are members of the Council of Europe and signatories. Article 9 of the Constitution of Ukraine clearly states that international treaties, ratified by the Verkhovna Rada of Ukraine are part of the national legislation of Ukraine. The Court can not apply the law that governs the legal relationship in question, other than an international agreement. However, international agreements apply if they do not contradict the Constitution of Ukraine. Urgency of the problem by the growth requirements of the rule of law in the judiciary, increasing legal awareness of citizens and their activity to protect their rights and freedoms, the presence of non judicial legislation with international legal acts. Procedural legislation of Ukraine in many aspects not harmonized not only in line with the decisions of the European Court, but also to the current constitution. Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms July 17, 1997. Since then, the citizens of

  6. STATE LIABILITY FOR VIOLATION OF CONSTITUTIONAL RIGHTS AGAINST INDIGENOUS PEOPLE IN FREEDOM OF RELIGION AND BELIEF

    Directory of Open Access Journals (Sweden)

    Zaka Firma Aditya

    2017-03-01

    Full Text Available The government is perceived as the main perpetrator on violations of freedom of religion and belief in Indonesia. As the state organizer, the government frequently issues discriminatory regulations and policies and tend to cause intolerance to minority religions and beliefs, particularly to indigenous peoples. While freedom of religion or belief is a constitutional rights that cannot be reduced and is guaranteed universally in constitution and laws, the law provides limitation that causes ambiguity in the fulfillment of the rights of religion and belief. In addition, the government mindset still adheres to the term of "official religion" and "non-official religion" in any policy-making, causing adherents of minority religions and beliefs to be considered as cultural heritage to be preserved. This creates injustice, discrimination, intimidation and intolerance in rights fulfillment in state and society life. This paper discusses the existence of the guarantee of freedom of religion and belief for indigenous people and state liability for violations of freedom of religion and belief. This research used normative juridical method with statute approach and conceptual approach.

  7. International Guidelines on Human Rights and Drug Control: A Tool for Securing Women's Rights in Drug Control Policy.

    Science.gov (United States)

    Schleifer, Rebecca; Pol, Luciana

    2017-06-01

    Discrimination and inequality shape women's experiences of drug use and in the drug trade and the impact of drug control efforts on them, with disproportionate burdens faced by poor and otherwise marginalized women. In recent years, UN member states and UN drug control and human rights entities have recognized this issue and made commitments to integrate a 'gender perspective' into drug control policies, with 'gender' limited to those conventionally deemed women. But the concept of gender in international law is broader, rooted in socially constructed and culturally determined norms and expectations around gender roles, sex, and sexuality. Also, drug control policies often fail to meaningfully address the specific needs and circumstances of women (inclusively defined), leaving them at risk of recurrent violations of their rights in the context of drugs. This article explores what it means to 'mainstream' this narrower version of gender into drug control efforts, using as examples various women's experiences as people who use drugs, in the drug trade, and in the criminal justice system. It points to international guidelines on human rights and drug control as an important tool to ensure attention to women's rights in drug control policy design and implementation.

  8. Integrated human rights and poverty eradication strategy: the case of civil registration rights in Zimbabwe.

    Science.gov (United States)

    Musarandega, Reuben

    2009-01-01

    High poverty levels characterise sub-Saharan Africa, Zimbabwe included. Over 80 per cent of Zimbabwe's population lived below the total consumption poverty line and 70 per cent below the food poverty line in 2003. This plummeting of social indicators resulted from the freefall suffered by the country's economy from the 1990s, after unsuccessful attempts to implement structural adjustment programmes prescribed by international financial institutions. The ensuing socioeconomic decay, political crisis and international isolation of the country from the late 1990s reversed gains made in social indicators during the 1980s. Development theories attribute poverty to unchecked population growth, political, economic and environmental mismanagement, while developing countries' leaders attribute it to historical imbalances and global political and economic injustices. Despite this debate, poverty continues to evolve, expand and deepen and the need to eradicate it has become urgent. The complex question of what causes and what drives poverty is perpetually addressed and new ideas are emerging to answer the question. One recent view is that failure to centre development on people and to declare poverty a violation of human rights has allowed poverty to grow the world over. This study uses a hypothesised cause of poverty - civil registration - to exemplify the human right nature of poverty, and how a human rights' policy can be used as an instrument to eradicate poverty. The study demonstrates that civil registration is a right of instrumental relevance to poverty; and achieving civil registration grants people access to numerous other rights, some of which will lift them out of poverty, while the failure of civil registration deprives people of access to livelihoods, thereby entrenching them in poverty.

  9. Stigma, sexual health, and human rights among women who have sex with women in Lesotho.

    Science.gov (United States)

    Poteat, Tonia C; Logie, Carmen H; Adams, Darrin; Mothopeng, Tampose; Lebona, Judith; Letsie, Puleng; Baral, Stefan

    2015-11-01

    In recent years, gender and sexual minorities have become increasingly visible across sub-Saharan Africa, marking both the progression and violation of their human rights. Using data from a study with sexual minorities in Lesotho, this analysis leveraged the social ecological model to examine relationships between stigma, human rights, and sexual health among women who have sex with women in Lesotho. A community-based participatory approach was used for the mixed-method, cross-sectional study. A total of 250 women who have sex with women completed a structured questionnaire, of which 21 participated in a total of three focus group discussions. Stigma was common within and outside the health sector. Stigma and human rights abuses were associated with increased risk for HIV and STIs. Interventions to address stigma at the structural, community, and interpersonal levels are essential to ensuring sexual health and rights for women who have sex with women in Lesotho. Copyright © 2015 Elsevier Inc. All rights reserved.

  10. DNA data in criminal procedure in the European fundamental rights context.

    Science.gov (United States)

    Soleto, Helena

    2014-01-01

    Despite being one of the most useful and reliable identification tools, DNA profiling in criminal procedure balances on the border between the limitation and violation of Fundamental Rights that can occur beginning with the collection of the sample, its analysis, and its use; and ending with its processing. Throughout this complex process, violation of human or fundamental rights -such as the right to physical and moral integrity, the right not to be subject to degrading treatment, the right not to incriminate oneself, the right to family privacy together with that of not incriminating descendants or relatives in general, the right to personal development and the right to informative self-determination- is possible. This article presents an analysis of all the above-mentioned DNA treating phases in criminal process in the light of possible violations of some Fundamental Rights, while at the same time discarding some of them on the basis of European human rights protection standards. As the case-law of the European Court of Human Rights shows, the legislation on DNA collection and DNA related data processing or its implementation does not always respect all human rights and should be carefully considered before its adoption and during its application.

  11. Applying human rights to improve access to reproductive health services.

    Science.gov (United States)

    Shaw, Dorothy; Cook, Rebecca J

    2012-10-01

    Universal access to reproductive health is a target of Millennium Development Goal (MDG) 5B, and along with MDG 5A to reduce maternal mortality by three-quarters, progress is currently too slow for most countries to achieve these targets by 2015. Critical to success are increased and sustainable numbers of skilled healthcare workers and financing of essential medicines by governments, who have made political commitments in United Nations forums to renew their efforts to reduce maternal mortality. National essential medicine lists are not reflective of medicines available free or at cost in facilities or in the community. The WHO Essential Medicines List indicates medicines required for maternal and newborn health including the full range of contraceptives and emergency contraception, but there is no consistent monitoring of implementation of national lists through procurement and supply even for basic essential drugs. Health advocates are using human rights mechanisms to ensure governments honor their legal commitments to ensure access to services essential for reproductive health. Maternal mortality is recognized as a human rights violation by the United Nations and constitutional and human rights are being used, and could be used more effectively, to improve maternity services and to ensure access to drugs essential for reproductive health. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  12. Men’s exposure to human rights violations and relations with perpetration of intimate partner violence in South Africa

    Science.gov (United States)

    Gupta, Jhumka; Reed, Elizabeth; Kelly, Jocelyn; Stein, Dan J; Williams, David R

    2011-01-01

    Background Despite widespread apartheid-related human rights violations (HRV) and intimate partner violence (IPV) in South Africa, research investigating the influence of HRV on IPV perpetration is scarce. Methods This study analysed data from the South Africa Stress and Health Study, a cross-sectional survey conducted from 2003 to 2004 with 4351 South Africans examining public health concerns associated with apartheid. Analyses were restricted to men who had ever been married or had ever cohabited with a female partner. Logistic regression was used to examine associations between experiences of HRV and lifetime physical IPV perpetration. Results A total of 772 South Africa men met the study criteria (389 liberation supporters and 383 government supporters). Adjusted logistic regression analyses indicated that among liberation supporters, a significant association existed between experiencing major HRV (AOR 2.40, 95% CI 1.20 to 4.81), custody-related HRV (AOR 6.61, 95% CI 2.00 to 21.83), victimisation of close friends/family members (AOR 3.38, 95% CI 1.26 to 9.07) and physical IPV perpetration. Among government supporters, a significant association was observed between experiencing HRV (AOR 2.99, 95% CI 1.34 to 6.65) and victimisation of close friends/immediate family (AOR 5.42, 95% CI 1.44 to 19.02) and IPV perpetration. Conclusion This work indicates the importance of men’s experiences with HRV with regard to IPV perpetration risk. Future work is needed to understand the mechanisms underlying the observed relationships, particularly regarding mental health and gender norms as suggested by current literature, in order to inform interventions in South Africa and other regions affected by politically motivated conflict. PMID:21148138

  13. Fear of communicating fear versus fear of terrorism: A human rights violation or a sign of our time?

    Science.gov (United States)

    Anyanwu, Chika

    2018-02-01

    At its very first session, the United Nations General Assembly, adopted Resolution 59(I) which states that "freedom of information is a fundamental human right and … the touchstone of all the freedoms to which the United Nations is consecrated". In 1948, it proclaimed the Universal Declaration of Human Rights in Paris. Article 19 of that Declaration states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers". When we place these basic human rights against current global terror threats, and consequent restrictive antiterror legislations to combat them, the question becomes whether Article 19 is still relevant in the context of today's changed security landscape. The aim of this paper is to explore ways that anti-terror legislations can balance between national security, and the protection of freedom of information.

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

    Science.gov (United States)

    Cameron, E

    1993-01-01

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

  15. Genetics and human rights: Two histories: restoring genetic identity after forced disappearance and identity suppression in Argentina and after compulsory isolation for leprosy in Brazil

    OpenAIRE

    Penchaszadeh, Victor B.; Schuler-Faccini, Lavinia

    2014-01-01

    Over the past three decades, there has been an accelerated development of genetic technology, leading to its use in human genetic identification for many purposes. Additionally, it has been made explicit that identity is a fundamental human right. A number of historical circumstances have connected these developments. Personal identity is increasingly associated with the preservation and defense of human rights and is a tool to repair the violation of these rights, particularly the right to i...

  16. Mental Health Functioning in the Human Rights Field: Findings from an International Internet-Based Survey.

    Science.gov (United States)

    Joscelyne, Amy; Knuckey, Sarah; Satterthwaite, Margaret L; Bryant, Richard A; Li, Meng; Qian, Meng; Brown, Adam D

    2015-01-01

    Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational burnout. PTSD was measured with the Posttraumatic Stress Disorder Checklist-Civilian Version (PCL-C) and depression was measured with the Patient History Questionnaire-9 (PHQ-9). These findings revealed that among human rights advocates that completed the survey, 19.4% met criteria for PTSD, 18.8% met criteria for subthreshold PTSD, and 14.7% met criteria for depression. Multiple linear regressions revealed that after controlling for symptoms of depression, PTSD symptom severity was predicted by human rights-related trauma exposure, perfectionism and negative self-appraisals about human rights work. In addition, after controlling for symptoms of PTSD, depressive symptoms were predicted by perfectionism and lower levels of self-efficacy. Survey responses also suggested high levels of resilience: 43% of responders reported minimal symptoms of PTSD. Although survey responses suggest that many human rights workers are resilient, they also suggest that human rights work is associated with elevated rates of PTSD and depression. The field of human rights would benefit from further empirical research, as well as additional education and training programs in the workplace about enhancing resilience in the context of human rights work.

  17. Mental Health Functioning in the Human Rights Field: Findings from an International Internet-Based Survey.

    Directory of Open Access Journals (Sweden)

    Amy Joscelyne

    Full Text Available Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD, resilience and occupational burnout. PTSD was measured with the Posttraumatic Stress Disorder Checklist-Civilian Version (PCL-C and depression was measured with the Patient History Questionnaire-9 (PHQ-9. These findings revealed that among human rights advocates that completed the survey, 19.4% met criteria for PTSD, 18.8% met criteria for subthreshold PTSD, and 14.7% met criteria for depression. Multiple linear regressions revealed that after controlling for symptoms of depression, PTSD symptom severity was predicted by human rights-related trauma exposure, perfectionism and negative self-appraisals about human rights work. In addition, after controlling for symptoms of PTSD, depressive symptoms were predicted by perfectionism and lower levels of self-efficacy. Survey responses also suggested high levels of resilience: 43% of responders reported minimal symptoms of PTSD. Although survey responses suggest that many human rights workers are resilient, they also suggest that human rights work is associated with elevated rates of PTSD and depression. The field of human rights would benefit from further empirical research, as well as additional education and training programs in the workplace about enhancing resilience in the context of human rights work.

  18. Who is Responsible for Future Teachers’ Training on Human Rights in the Faculties of Education?

    Directory of Open Access Journals (Sweden)

    Elkin Darío Agudelo Colorado

    2015-04-01

    Full Text Available DOI: http://dx.doi.org/10.17227/01234870.41folios103.116 This reflection article, derived from a research process about social representations of Human Rights in a group of students, explores the process of knowledge and experience that undergraduate students from Universidad Distrital have during their training process to become teachers. It shows how the field of social representation originates in the daily life experiences of students (both in the university and beyond where they become aware of Human Rights violation experiences. They begin to question the meaning, significance, usefulness and purpose of rights in the contexts of societies like Colombia and particularly, in a Faculty dedicated to the teacher training. Likewise, the lack of a political will to make Human Rights Education (HRE more visible and tangible in the curricula for future teachers is questioned, as well as the educational projects in Faculties of Education. Finally, the paper suggests some key ideas to enhance future teachers’ training from a HRE perspective.

  19. Does organ selling violate human dignity?

    Science.gov (United States)

    Alpinar-Şencan, Zümrüt; Baumann, Holger; Biller-Andorno, Nikola

    2017-11-01

    Shortages in the number of donated organs after death and the growing number of end-stage organ failure patients on waiting lists call for looking at alternatives to increase the number of organs that could be used for transplantation purposes. One option that has led to a legal and ethical debate is to have regulated markets in human organs. Opponents of a market in human organs offer different arguments that are mostly founded on contingent factors that can be adjusted. However, some authors have asked the question whether we still have a reason to believe that there is something wrong with offering human organs for sale for transplantation purposes, even if the circumstances under which the practice takes place are improved. One prominent argument regarding this appeals to the notion of human dignity. It is argued that organ selling violates human dignity. This paper presents a systematic discussion of dignity-based arguments in the organ selling debate, and then develops a social account of dignity. It is argued that allowing the practice of organ selling inherently runs the risk of promoting the notion that some persons have less worth than others and that persons have a price, which is incompatible with dignity. The approach is defended against possible objections and it is shown that it can capture the notion that autonomy is linked to human dignity in important ways, while dignity at the same time can constrain the autonomous choices of persons with regards to certain practices.

  20. The scope of obligatory civil liability insurance of entities conducting medical activities and liability for damages resulting from violations of patients’ rights in the Polish law

    Directory of Open Access Journals (Sweden)

    Anna Augustynowicz

    2018-04-01

    Full Text Available Abstract: In the elaboration, the objective scope of obligatory civil liability insurance of entities conducting medical activities in the context of protection from damages resulting from violations of patients’ rights was presented. Based on art. 25 sec. 1 of the Act on Medical Activity, insurance protection covers damages that are the result of the provision of medical services or an illegal omission to provide them. It concerns consequences of erroneous actions related to the provision of medical services as well as damages occurring as a result of an unjustified refusal to provide a medical service or premature cessation of the provision of services if there was an objective prerequisite to continue them driven by medical grounds. The objective scope of insurance protection resulting from obligatory civil liability insurance of an entity conducting medical activities does not apply – as a rule – to damages resulting from violations of patients’ rights. It cannot be considered that a damage related to violation of a patient’s right constitutes a consequence of the provision of medical services or an illegal omission of the provisions of medical services. Such damage is a consequence of a violation of the patient’s right. Financial consequences of patients’ claims resulting from violations of patients’ rights will be borne by entities conducting medical activities. If a patient requests a financial redress, its payment will not be made from the obligatory civil liability insurance policy. The violation of patient’s right to medical services constitutes the only exception.

  1. Violation of the Right to the Peaceful Enjoyment of Possessions Laid Down in the Convention

    Directory of Open Access Journals (Sweden)

    Dragan Elijaš

    2015-01-01

    Full Text Available The authors of this paper provide an overview of the creation and development of tenancy rights, and of the domestic legislation dealing with tenancy rights, as well as legislation that was used to reform tenancy relations. They mention the significance of the enactment of the Lease of Flats Act, when tenancy rights were withdrawn from persons who were entitled to that right pursuant to earlier legislation, and consequently, they became lessees (tenants by force of law (generally, protected lessees. The authors recall that issues related to the transformation of tenancy rights into ownership of flats and to the numerous court cases that followed from this matter have not yet become either general, or court, history. The authors cite the positions and case law of the Constitutional Court of the Republic of Croatia, and of the European Court of Human Rights (ECtHR. They stress in particular the ECtHR judgment Statileo v. Croatia, where the ECtHR took into consideration the fact that the Croatian authorities during the transition were faced with the difficult task of striking a balance between the right of the lessor and that of protected lessees who had lived in the flats for a long time, and concluded that in the given case there was no fair distribution of the social and financial burden resulting from the reform of the housing sector. Rather, the ECtHR held that a disproportionate and excessive individual burden was placed on the applicant as landlord, as he was required to bear most of the social and financial costs of providing housing for the protected lessee and her family, due to which the ECtHR found a violation of Article 1 of Protocol no. 1.

  2. Assessment of the Effects of Economic Sanctions on Iranians’ Right to Health by Using Human Rights Impact Assessment Tool: A Systematic Review

    Science.gov (United States)

    Kokabisaghi, Fatemeh

    2018-01-01

    Background: Over the years, economic sanctions have contributed to violation of right to health in target countries. Iran has been under comprehensive unilateral economic sanctions by groups of countries (not United Nations [UN]) in recent years. They have been intensified from 2012 because of international community’s uncertainty about peaceful purpose of Iran’s nuclear program and inadequacy of trust-building actions of this country. This review aimed to identify the humanitarian effects of the sanctions on the right of Iranians to health and the obligations of Iran and international community about it. Methods: To assess economic sanction policies and identify violated rights and the obligations of states according to international human rights laws, in this study, Human Rights Impact Assessments (HRIA) tool is used. Applying this tool requires collection of evidences regarding the situation of rights. To provide such evidence, a systematic review of literature which involved 55 papers retrieved from the web-based databases and official webpages of Iran’s government and UN’ health and human rights committees and organizations was done. All articles about the consequences of economic sanctions related to nuclear activities of Iran on welfare and health of Iranians published from January 2012 till February 2017 in English and Persian languages were included. Search terms were economic sanctions, embargoes, Iran, welfare, health and medicine. Additional studies were identified by cross checking the reference lists of accessed articles. All selected papers were abstracted and entered into a matrix describing study design and findings, and categorized into a framework of themes reflecting the areas covered (health and its determinants). According to HRIA framework, related obligations of Iran and other states about adverse effects of the sanctions on Iranians’ right to health were extracted. Results: The sanctions on Iran caused a fall of country

  3. Gender equality and human rights approaches to female genital mutilation: a review of international human rights norms and standards.

    Science.gov (United States)

    Khosla, Rajat; Banerjee, Joya; Chou, Doris; Say, Lale; Fried, Susana T

    2017-05-12

    Two hundred million girls and women in the world are estimated to have undergone female genital mutilation (FGM), and another 15 million girls are at risk of experiencing it by 2020 in high prevalence countries (UNICEF, 2016. Female genital mutilation/cutting: a global concern. 2016). Despite decades of concerted efforts to eradicate or abandon the practice, and the increased need for clear guidance on the treatment and care of women who have undergone FGM, present efforts have not yet been able to effectively curb the number of women and girls subjected to this practice (UNICEF. Female genital mutilation/cutting: a statistical overview and exploration of the dynamics of change. 2013), nor are they sufficient to respond to health needs of millions of women and girls living with FGM. International efforts to address FGM have thus far focused primarily on preventing the practice, with less attention to treating associated health complications, caring for survivors, and engaging health care providers as key stakeholders. Recognizing this imperative, WHO developed guidelines on management of health complications of FGM. In this paper, based on foundational research for the development of WHO's guidelines, we situate the practice of FGM as a rights violation in the context of international and national policy and efforts, and explore the role of health providers in upholding health-related human rights of women at girls who are survivors, or who are at risk. Findings are based on a literature review of relevant international human rights treaties and UN Treaty Monitoring Bodies.

  4. Home-Schools and Interscholastic Sports: Denying Participation Violates United States Constitutional Due Process and Equal Protection Rights. Chalk Talk.

    Science.gov (United States)

    Webb, Derwin L.

    1997-01-01

    Participation in sports, in some instances, is considered a right which grants students the opportunity to be involved in extracurricular activities. Discusses the potential violation of home-schooled students' constitutional due process and equal protection rights and the pertinent laws regarding students and their ability to participate in…

  5. Leptogenesis from heavy right-handed neutrinos in CPT violating backgrounds

    Science.gov (United States)

    Bossingham, Thomas; Mavromatos, Nick E.; Sarkar, Sarben

    2018-02-01

    We discuss leptogenesis in a model with heavy right-handed Majorana neutrinos propagating in a constant but otherwise generic CPT-violating axial time-like background (motivated by string theory). At temperatures much higher than the temperature of the electroweak phase transition, we solve approximately, but analytically (using Padé approximants), the corresponding Boltzmann equations, which describe the generation of lepton asymmetry from the tree-level decays of heavy neutrinos into Standard Model leptons. At such temperatures these leptons are effectively massless. The current work completes in a rigorous way a preliminary treatment of the same system, by some of the present authors. In this earlier work, lepton asymmetry was crudely estimated considering the decay of a right-handed neutrino at rest. Our present analysis includes thermal momentum modes for the heavy neutrino and this leads to a total lepton asymmetry which is bigger by a factor of two as compared to the previous estimate. Nevertheless, our current and preliminary results for the freezeout are found to be in agreement (within a ˜ 12.5% uncertainty). Our analysis depends on a novel use of Padé approximants to solve the Boltzmann equations and may be more widely useful in cosmology.

  6. Leptogenesis from heavy right-handed neutrinos in CPT violating backgrounds

    Energy Technology Data Exchange (ETDEWEB)

    Bossingham, Thomas; Sarkar, Sarben [King' s College London, Theoretical Particle Physics and Cosmology Group, Department of Physics, London (United Kingdom); Mavromatos, Nick E. [King' s College London, Theoretical Particle Physics and Cosmology Group, Department of Physics, London (United Kingdom); Universitat de Valencia-CSIC, Departament de Fisica Teorica y IFIC, Valencia (Spain)

    2018-02-15

    We discuss leptogenesis in a model with heavy right-handed Majorana neutrinos propagating in a constant but otherwise generic CPT-violating axial time-like background (motivated by string theory). At temperatures much higher than the temperature of the electroweak phase transition, we solve approximately, but analytically (using Pade approximants), the corresponding Boltzmann equations, which describe the generation of lepton asymmetry from the tree-level decays of heavy neutrinos into Standard Model leptons. At such temperatures these leptons are effectively massless. The current work completes in a rigorous way a preliminary treatment of the same system, by some of the present authors. In this earlier work, lepton asymmetry was crudely estimated considering the decay of a right-handed neutrino at rest. Our present analysis includes thermal momentum modes for the heavy neutrino and this leads to a total lepton asymmetry which is bigger by a factor of two as compared to the previous estimate. Nevertheless, our current and preliminary results for the freezeout are found to be in agreement (within a ∝ 12.5% uncertainty). Our analysis depends on a novel use of Pade approximants to solve the Boltzmann equations and may be more widely useful in cosmology. (orig.)

  7. Human Rights in the Fourth Decade of the HIV/AIDS Response: An Inspiring Legacy and Urgent Imperative.

    Science.gov (United States)

    Enoch, Jamie; Piot, Peter

    2017-12-01

    More than 35 years since the HIV/AIDS pandemic began, HIV continues to cause almost two million new infections each year, and the "end of AIDS" by 2030 remains elusive. 1 Violations of human rights continue to fuel high rates of new infections among key populations and a generalized epidemic in much of sub-Saharan Africa. Meanwhile, as political shifts worldwide threaten not only HIV funding but also progress toward the globalization of human rights, civil society mobilization and advocacy founded firmly on human rights principles have a more vital role to play than ever. Encouragingly, there are numerous examples of successful integration of human rights-based approaches into HIV prevention and treatment initiatives, and evidence increasingly demonstrates that norms enshrining the respect, protection, and fulfillment of human rights can translate into improved public health. 2 This essay will succinctly trace the historic emergence of human rights as an issue at the heart of the HIV/AIDS response; it will then provide examples of progress and setbacks in recent years and consider the potential for rights promotion to address the structural drivers of HIV. Finally, it will consider how the primacy of human rights in HIV/AIDS has affected other fields of global health and will highlight the continuing imperative to work with civil society to protect and promote human rights to reduce the burden of HIV/AIDS.

  8. Show me a woman! : narratives of gender and violence in human rights law and processes of transitional justice

    NARCIS (Netherlands)

    Mibenge, C.S.|info:eu-repo/dai/nl/304834165

    2010-01-01

    ‘Show me a woman who wasn’t raped!’ These words, thrown down like a gauntlet by a genocide survivor disrupted the narrative of transitional justice as the panacea to redressing gross human rights violations committed against civilian women. The challenge to ‘show me a woman’ is made from a local

  9. Young Adolescents' Positioning of Human Rights: Findings from Colombia, Northern Ireland, Republic of Ireland and the United States

    Science.gov (United States)

    Barton, Keith C.

    2015-01-01

    This study investigated how young adolescents thought about the location of human rights issues and the nature of violations in differing geographic regions. Open-ended, task-based interviews were conducted with 116 students in Colombia, Northern Ireland, the Republic of Ireland and the United States. Although students in each location pointed to…

  10. An Analysis of $B_{s}$ Decays in the Left-Right-Symmetric Model with Spontaneous CP Violation

    CERN Document Server

    Ball, Patricia; Ball, Patricia; Fleischer, Robert

    2000-01-01

    Non-leptonic B_s decays into CP eigenstates that are caused by \\bar b -> \\bar cc\\bar s quark-level transitions, such as B_s -> D_s^+D^-_s, J/psi eta^(') or J/psi phi, provide a powerful tool to search for ``new physics'', as the CP-violating effects in these modes are tiny in the Standard Model. We explore these effects for a particular scenario of new physics, the left-right-symmetric model with spontaneous CP violation. In our analysis, we take into account all presently available experimental constraints on the parameters of this model, i.e. those implied by K- and B-decay observables; we find that CP asymmetries as large as O(40%) may arise in the B_s channels, whereas the left-right-symmetric model favours a small CP asymmetry in the ``gold-plated'' mode B_d -> J/psi K_S. Such a pattern would be in favour of B-physics experiments at hadron machines, where the B_s modes are very accessible.

  11. Pipelines explosion, violates Humanitarian International Right

    International Nuclear Information System (INIS)

    Carta Petrolera

    1997-01-01

    Recently and for first time, an organism of the orbit of the human rights put the finger in the wound of the problem that represents for Colombia the pipelines explosion and the social and environmental impact that those actions in this case the Defense of the People office, the institution that published a document related this denounces, in the one that sustains that the country it cannot continue of back with a serious and evident reality as the related with the explosions of pipelines. We are the only country of the world where happen these facts and enormous losses are not only causing to the Colombian economy, but rather our environmental wealth is affecting, the document, denounced the ignorance of the humanitarian international right on the part of those who apply to that class of attacks

  12. Application of satellite imagery to monitoring human rights abuse of vulnerable communities, with minimal risk to relief staff

    International Nuclear Information System (INIS)

    Lavers, C; Bishop, C; Hawkins, O; Grealey, E; Cox, C; Thomas, D; Trimel, S

    2009-01-01

    Space imagery offers remote surveillance of ethnic people groups at risk of human rights abuse. We highlight work in alleged violations in Burma and Sudan, using satellite imagery for verification with Amnesty International. We consider how imaging may effectively support small to medium-sized Non Governmental Organisations and charities, e.g. HART, working in dangerous zones on the ground. Satellite based sensing applications are now at a sufficiently mature stage for moderate Governmental funding levels to help prevent human rights abuse, rather than the greater cost of rebuilding communities and healing sectarian divisions after abuse has taken place.

  13. Application of satellite imagery to monitoring human rights abuse of vulnerable communities, with minimal risk to relief staff

    Energy Technology Data Exchange (ETDEWEB)

    Lavers, C; Bishop, C; Hawkins, O; Grealey, E; Cox, C; Thomas, D; Trimel, S, E-mail: brnc-radarcomms1@nrta.mod.u [Sensors Team, Plymouth University at Britannia Royal Naval College, Dartmouth (United Kingdom); DMC International Imaging, Tycho House, Surrey Research Park, Guildford (United Kingdom); Qinetiq, Cody Technology Park, Cody Building, Ively Road, Farnborough (United Kingdom); Humanitarian Aid Relief Trust (HART), 3 Arnellan House, Kingsbury, London (United Kingdom); Amnesty International USA, 5 Penn Plaza, New York (United States)

    2009-07-01

    Space imagery offers remote surveillance of ethnic people groups at risk of human rights abuse. We highlight work in alleged violations in Burma and Sudan, using satellite imagery for verification with Amnesty International. We consider how imaging may effectively support small to medium-sized Non Governmental Organisations and charities, e.g. HART, working in dangerous zones on the ground. Satellite based sensing applications are now at a sufficiently mature stage for moderate Governmental funding levels to help prevent human rights abuse, rather than the greater cost of rebuilding communities and healing sectarian divisions after abuse has taken place.

  14. Sudan: the human price of oil

    International Nuclear Information System (INIS)

    2000-01-01

    This series of eight information bulletins by Amnesty International is intended to draw attention to the link between the massive human rights violations by the security forces of the Government of Sudan and various government-allied militia forces, and the oil operations by foreign companies (which include Canada's Talisman Energy, Denim Pipeline Construction Ltd., and Roll'n Oil Field Industries). The human rights violations cited by Amnesty International include atrocities and the forcible internal displacement of large populations of local people living in the oil fields and surrounding areas. It is alleged that the foreign oil companies involved in this lucrative operation expect the Sudanese government to provide a secure environment and protect oil company staff and assets, and turn a blind eye to human rights violations by the government security forces in the name of protecting the security of the oil-producing areas. In raising awareness of the problem, Amnesty International hopes to establish a dialogue with the foreign oil companies and sensitize them to their responsibilities to promote a better human rights environment in the areas where they are active in oil exploration and extraction. The information bulletins provide a background to the problem; detail the human rights violations committed in the name of oil; establish the link between oil, weapons purchases by the Sudanese government and human rights violations; describe the oil companies and their responsibilities and international standards on internal displacement of populations; and makes recommendations to the Government of Sudan, to the armed opposition groups, to the oil companies and to the international community at large to bring an end to the human rights violations that over the last three decades have cost tens of thousands of lives and displaced hundreds of thousands of people

  15. Marks of autopsy and identification of victims of human rights violations exhumed from cemeteries: the case of the Spanish Civil War (1936-1939).

    Science.gov (United States)

    Ríos, Luis; Martínez, Berta; García-Rubio, Almudena; Herrasti, Lourdes; Etxeberria, Francisco

    2014-09-01

    The presence of autopsy marks in human skeletal remains indicates a medicolegal procedure related to ascertaining the cause and manner of death. We present here four cases where signs of autopsy were observed in the remains recovered from mass graves and cemeteries of prisoners from the Spanish Civil War (1936-1939), victims of extrajudicial executions, and of death in prison, respectively. With respect to the former, historical evidence indicate that during the first weeks after the coup, official removal of cadavers and autopsy procedures were carried out to the first victims of extrajudicial killings, whose corpses were found abandoned in the road. Once the civil war was established and systematic extrajudicial killings were systematic, official military orders were issued to stop standard forensic proceedings. Therefore, autopsy marks observed in the remains exhumed from mass graves located in cemeteries may be indicative of an earlier chronology of the killings, and this information proved to be relevant for the identification process in one of the cases presented. In a cemetery of political prisoners, autopsy signs were also observed in two skeletal remains and in the official records of two prisoners, a corroboration of information also relevant for the identification process. These findings indicate that autopsy marks can be found in the remains of victims of human rights violations exhumed from cemeteries. Skeletal and archival information could be useful for the identification process in other cases of large-scale violence, where the first victims of extrajudicial executions were buried unidentified in cemeteries after autopsy procedures.

  16. 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

  17. Female Genital Mutilation Is a Violation of Reproductive Rights of Women: Implications for Health Workers.

    Science.gov (United States)

    Jungari, Suresh Banayya

    2016-02-01

    Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia or other injury to the female genital organs for nonmedical reasons. This coercive practice is still prevalent in many parts of the world, in both developed and developing countries. However, FGM is more prevalent in African countries and some Asian countries. In this study, an attempt has been made to understand the prevalence and practice of FGM worldwide and its adverse effects on women's reproductive health. To fulfill the study objectives, the author collected evidence from various studies conducted by international agencies. Many studies found that FGM has no health benefits; is mostly carried out on girls before they reach the age of 15 years; can cause severe bleeding, infections, psychological illness, and infertility; and, most important, can have serious consequences during childbirth. The practice is mainly governed by the traditions and cultures of the communities without having any scientific or medical benefit. In conclusion, FGM is a practice that violates the human and reproductive rights of women.

  18. Precision Medicine and Advancing Genetic Technologies—Disability and Human Rights Perspectives

    Directory of Open Access Journals (Sweden)

    Aisling de Paor

    2016-08-01

    Full Text Available Scientific and technological developments are propelling genetics and genetic technologies into the public sphere. Scientific and technological innovation is becoming more refined, resulting in an increase in the availability and use of genetic testing, and other cutting edge genetic technologies, including gene editing. These genetic advances not only signal a growing trend towards precision medicine, but also provoke consideration of the protection of genetic information as an emerging human rights concern. Particular ethical and legal issues arise from a disability perspective, including the potential for discrimination and privacy violations. In consideration of the intersection of genetics and disability, this article highlights the significant concerns raised as genetic science and technology advances, and the consequences for disability rights, particularly the core concepts of non-discrimination, and respect for diversity and difference. On examining international human rights perspectives, it looks particularly at the UN Convention on the Rights of Persons with Disabilities and how it may be used to guide best practice in this area. With an acknowledgement of historical abuses of genetic science, this article highlights the need to maintain caution as to the potential consequences of advancing genetic technologies on persons with disabilities and indeed on society as a whole.

  19. Unaccompanied Children at the United States Border, a Human Rights Crisis that can be Addressed with Policy Change.

    Science.gov (United States)

    Ataiants, Janna; Cohen, Chari; Riley, Amy Henderson; Tellez Lieberman, Jamile; Reidy, Mary Clare; Chilton, Mariana

    2017-04-08

    In recent years, unaccompanied minors have been journeying to the United States (U.S.)-Mexico border in great numbers in order to escape violence, poverty and exploitation in their home countries. Yet, unaccompanied children attempting to cross the United States border face treatment at the hands of government representatives which violates their inherent rights as children. The result is a human rights crisis that has severe health consequences for the children. Their rights as children are clearly delineated in various, international human rights documents which merit increased understanding of and recognition by the U.S. government. This paper calls for the improvement of policies and procedures for addressing the rights of unaccompanied immigrant children; it provides specific, rights-based recommendations which work together to safeguard the rights of the child at the U.S. southwestern border.

  20. 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...

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

    Science.gov (United States)

    Zembylas, Michalinos

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Valerio de Oliveira Mazzuoli

    2015-09-01

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

  3. Forced migration: health and human rights issues among refugee populations.

    Science.gov (United States)

    Lori, Jody R; Boyle, Joyceen S

    2015-01-01

    Undocumented migration is a global phenomenon that is manifest in diverse contexts. In this article, we examine the situations that precipitate the movement of large numbers of people across several African countries, producing a unique type of undocumented migrant--the refugee. These refugee movements impact already fragile African health care systems and often involve human rights violations that are of particular concern, such as gender-based violence and child soldiers. We use examples from several countries in sub-Saharan Africa, including the Democratic Republic of the Congo, Rwanda, Liberia, Sierra Leone, and Mozambique. Drawing on key documents from the United Nations High Commissioner for Refugees, current research, and our personal international experiences, we provide an overview of forced migration and discuss implications and opportunities for nurses to impact research, practice, and policy related to refugee health. Copyright © 2015 Elsevier Inc. All rights reserved.

  4. Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia

    Directory of Open Access Journals (Sweden)

    La Sina

    2016-12-01

    Full Text Available The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

  5. 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…

  6. Assessment of the Effects of Economic Sanctions on Iranians' Right to Health by Using Human Rights Impact Assessment Tool: A Systematic Review.

    Science.gov (United States)

    Kokabisaghi, Fatemeh

    2018-01-20

    Over the years, economic sanctions have contributed to violation of right to health in target countries. Iran has been under comprehensive unilateral economic sanctions by groups of countries (not United Nations [UN]) in recent years. They have been intensified from 2012 because of international community's uncertainty about peaceful purpose of Iran's nuclear program and inadequacy of trust-building actions of this country. This review aimed to identify the humanitarian effects of the sanctions on the right of Iranians to health and the obligations of Iran and international community about it. To assess economic sanction policies and identify violated rights and the obligations of states according to international human rights laws, in this study, Human Rights Impact Assessments (HRIA) tool is used. Applying this tool requires collection of evidences regarding the situation of rights. To provide such evidence, a systematic review of literature which involved 55 papers retrieved from the web-based databases and official webpages of Iran's government and UN' health and human rights committees and organizations was done. All articles about the consequences of economic sanctions related to nuclear activities of Iran on welfare and health of Iranians published from January 2012 till February 2017 in English and Persian languages were included. Search terms were economic sanctions, embargoes, Iran, welfare, health and medicine. Additional studies were identified by cross checking the reference lists of accessed articles. All selected papers were abstracted and entered into a matrix describing study design and findings, and categorized into a framework of themes reflecting the areas covered (health and its determinants). According to HRIA framework, related obligations of Iran and other states about adverse effects of the sanctions on Iranians' right to health were extracted. The sanctions on Iran caused a fall of country's revenues, devaluation of national currency, and

  7. 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?

  8. CP violation in the lepton sector with Majorana neutrinos

    International Nuclear Information System (INIS)

    Aguila, F. del

    1995-01-01

    We study CP violation in the lepton sector in extended models with right-handed neutrinos, without and with left-right symmetry, and with arbitrary mass terms. We find the conditions which must be satisfied by the neutrino and charged lepton mass matrices for CP conservation. These constraints, which are independent of the choice of weak basis, are proven to be also sufficient in simple cases. This invariant formulation makes apparent the necessary requirements for CP violation, as well as the size of CP violating effects. As an example, we show that CP violation can be much larger in left-right symmetric models than in models with only additional right-handed neutrinos, i.e., without right-handed currents. (orig.)

  9. Pornography: Human right or human rights violation? | le Roux ...

    African Journals Online (AJOL)

    The article investigates the availability of pornographic media to under-aged users, specifically the already marginalised under-aged sector of the South African population. It argues that the availability of pornography is just another illustration of the systemic discrimination against this section of the population. Theoretical ...

  10. UN human rights council

    Directory of Open Access Journals (Sweden)

    Vuksanović Mlrjana

    2014-01-01

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

  11. Phenomenology of CP violation

    International Nuclear Information System (INIS)

    Ecker, G.

    1987-01-01

    A short survey of the theoretical status of CP violation is presented. The Standart Model is confronted with the present experimental situation. Possible future tests of our notions of CP violation are discussed, concentrating on rare K decays. Other promising reactions such as B decays are briefly reviewed. Among alternative models of CP violation, multi-Higgs extensions of the Standart Model, left-right symmetric gauge theories and minimal SUSY models are discussed. Finally, the relevance of generalized CP invariance is emphasized. 64 refs., 7 figs. (Author)

  12. Indigenous Australians, Intellectual Disability and Incarceration: A Confluence of Rights Violations

    Directory of Open Access Journals (Sweden)

    Claire E. Brolan

    2018-02-01

    Full Text Available Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health and disability literature and the multi-disciplinary criminal law and human rights law literature. This article will consider the context of Indigenous imprisonment in Australia and examine the status of prisoner health in that country, as well as the status of the health and wellbeing of prisoners with intellectual disability. It will then specifically explore the health, wellbeing and impact of imprisonment on Indigenous Australians with intellectual disability, and highlight how intersectional rights deficits (including health and human rights deficits causally impact the ability of Indigenous Australians with intellectual disability to access due process, equal recognition and justice in the criminal justice and prison system. A central barrier to improving intersectional and discriminatory landscapes relating to health, human rights and justice for Indigenous Australian inmates with intellectual disability, and prisoners with intellectual disability more broadly in the Australian context, is the lack of sufficient governance and accountability mechanisms (including Indigenous-led mechanisms to enforce the operationalisation of consistent, transparent, culturally responsive, rights-based remedies.

  13. 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....

  14. 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.

  15. 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.

  16. Commentary on community-led total sanitation and human rights: should the right to community-wide health be won at the cost of individual rights?

    Science.gov (United States)

    Bartram, Jamie; Charles, Katrina; Evans, Barbara; O'Hanlon, Lucinda; Pedley, Steve

    2012-12-01

    The Millennium Development Goals (MDGs) set out to halve the proportion of the population without access to basic sanitation between 1990 and 2015. The slow pace of progress has lead to a search for innovative responses, including social motivation approaches. One example of this type of approach is 'Community-led Total Sanitation' (CLTS). CLTS represents a major shift for sanitation projects and programmes in recognising the value of stopping open-defecation across the whole community, even when the individual toilets built are not necessarily wholly hygienic. However, recent publications on CLTS document a number of examples of practices which fail to meet basic ethical criteria and infringe human rights. There is a general theme in the CLTS literature encouraging the use of 'shame' or 'social stigma' as a tool for promoting behaviours. There are reported cases where monetary benefits to which individuals are otherwise entitled or the means to practice a livelihood are withheld to create pressures to conform. At the very extreme end of the scale, the investigation and punishment of violence has reportedly been denied if the crime occurred while defecating in the open, violating rights to a remedy and related access to justice. While social mobilisation in general, and CLTS in particular, have drastically and positively changed the way we think about sanitation, they neither need nor benefit from an association with any infringements of human rights.

  17. Human Rights, History of

    NARCIS (Netherlands)

    de Baets, Antoon; Wright, James

    2015-01-01

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

  18. 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

  19. Human rights abuses and collective resilience among sex workers in four African countries: a qualitative study.

    Science.gov (United States)

    Scorgie, Fiona; Vasey, Katie; Harper, Eric; Richter, Marlise; Nare, Prince; Maseko, Sian; Chersich, Matthew F

    2013-07-26

    Sex work is a criminal offence, virtually throughout Africa. This criminalisation and the intense stigma attached to the profession shapes interactions between sex workers and their clients, family, fellow community members, and societal structures such as the police and social services. We explore the impact of violence and related human rights abuses on the lives of sex workers, and how they have responded to these conditions, as individuals and within small collectives. These analyses are based on data from 55 in-depth interviews and 12 focus group discussions with female, male and transgender sex workers in Kenya, South Africa, Uganda and Zimbabwe. Data were collected by sex worker outreach workers trained to conduct qualitative research among their peers. In describing their experiences of unlawful arrests and detention, violence, extortion, vilification and exclusions, participants present a picture of profound exploitation and repeated human rights violations. This situation has had an extreme impact on the physical, mental and social wellbeing of this population. Overall, the article details the multiple effects of sex work criminalisation on the everyday lives of sex workers and on their social interactions and relationships. Underlying their stories, however, are narratives of resilience and resistance. Sex workers in our study draw on their own individual survival strategies and informal forms of support and very occasionally opt to seek recourse through formal channels. They generally recognize the benefits of unified actions in assisting them to counter risks in their environment and mobilise against human rights violations, but note how the fluctuant and stigmatised nature of their profession often undermines collective action. While criminal laws urgently need reform, supporting sex work self-organisation and community-building are key interim strategies for safeguarding sex workers' human rights and improving health outcomes in these communities. If

  20. 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…

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

    Science.gov (United States)

    Zampas, Christina

    2013-12-01

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

  2. The interface of mental health and human rights in Indigenous peoples: triple jeopardy and triple opportunity.

    Science.gov (United States)

    Tarantola, Daniel

    2007-01-01

    Insufficient understanding of the reciprocal interactions between health and human rights, mental health and human rights and the realization of all human rights by Indigenous peoples constitute a triple jeopardy in how these topics are currently being addressed and/or openly antagonized. This paper will attempt to show how a combined health and human rights approach to mental health in Indigenous peoples can transform a triple jeopardy into a triple opportunity. The vast and growing body of literature on mental health, health as a whole, and human rights as these relate to health and to Indigenous peoples will be used to frame the discussion. Attention to the complex interactions of health and human rights can guide policy formulation and action by offering a method of analysis, a process of participatory decision and a framework for accountability. In addition, mental health can find its rightful place in the health and human rights discourse through efforts to help policymakers and practitioners broaden their vision of mental illness to holistically encompass aspects of physical, social, emotional and cultural wellbeing. Finally, connecting the role that rights realization plays in determining health and wellbeing will add power to the rightful claims by Indigenous peoples to the promotion and protection of all their human rights--civil, political, economic, social and cultural. Broadening the research agenda by applying systematically a health and human rights analytical framework to the understanding of social determinants of health would minimize the risk of assigning health outcome merely to behaviours, practices and lifestyles, uncovering structural determinants of holistic health entrenched in policies and governmental conduct. Building the evidence of the negative impact of human rights violation on health and the negative impact of ill-health on the fulfilment of other human rights can help in designing comprehensive interventions, building on the

  3. Human Rights Due Diligence (HRDD and Human Rights Impact Assessment (HRIA Best Practices to Corporate Shared Value (CSV: A Case of British Petroleum Tangguh Project In Papua

    Directory of Open Access Journals (Sweden)

    Carolina Martha

    2016-11-01

    Full Text Available The Tangguh Liquefied Natural Gas (LNG Project is a planned natural gas development project located in the remote area of Berau-Bintuni Bay in Papua Province, Indonesia. British Petroleum (BP Tangguh project aims tobe the pioneer in producing natural gas. It can be concluded that BP contributes an innovative approach, bearing in mind to sustainable development, cultural preservation and biodiversity conservation. Therefore, in each of its corporate actions, BP always integrates the value of community, partnership, consultation and corporate responsibility. It is mentioned that through experience and observation, BP as an extractive company, haveestimated the costs of not finding a better mechanism to adjust to social challenges can be higher than the costs of the uncertainties inherent in the trial of new ideas. However, according to international Non-GovernmentalOrganization (NGO, Down to Earth, BP has conducted a series of human rights violations by exploiting natural resources in Papua and restricting Papuans in enjoying their fundamental human rights. If only the BP keeps this Tangguh project in line with its aim to accommodate concerns from the affected surroundings, thus, will surely bring positive changes in BP’s corporate shared value.

  4. Reportages sur les violations des droits de la personne en vue de ...

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

    Malgré la prévalence des violations des droits de la personne et du droit ... de débat public à ce sujet et la réticence des responsables des politiques et des ... Despite the prevalence of human rights and international humanitarian law ...

  5. Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2017-12-01

    Full Text Available States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs. These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

  6. 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…

  7. 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…

  8. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

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

  9. Discursive Framings of Human Rights

    DEFF Research Database (Denmark)

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

  10. Lepton number violation, lepton flavor violation and non zero Θ_1_3 in LRSM

    International Nuclear Information System (INIS)

    Borgohain, Happy; Das, Mrinal Kumar

    2017-01-01

    We have done a phenomenological study of lepton number violation and lepton flavour violation in a generic left-right symmetric model (LRSM) considering broken ϻ-τ symmetry. The leading order TBM mass matrix originates from the type I (II) seesaw mechanism, whereas the perturbations to generate non-zero reactor mixing angle Θ_1_3, originates from the type II (I) seesaw mechanism. We studied the new physics contributions to neutrinoless double beta decay (NDBD) ignoring the left-right gauge boson mixing and the heavy-light neutrino mixing within the framework of left-right symmetric regime by considering the presence of both type I and type II seesaw. We assumed the mass of the gauge bosons and scalars to be around TeV and studied the effects of the new physics contributions on the effective mass and compared with the current experimental limit imposed by GERDA. We further extended our analysis by correlating the lepton flavour violation of the decay process, (ϻ→ 3e) with Θ_1_3. (author)

  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. Human Rights and Cultural Identity

    Directory of Open Access Journals (Sweden)

    John-Stewart Gordon

    2015-12-01

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

  13. 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...

  14. “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

  15. 3 CFR 8464 - Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights...

    Science.gov (United States)

    2010-01-01

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

  16. 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.

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

    NARCIS (Netherlands)

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

    2009-01-01

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

  18. Biotechnology and human rights.

    Science.gov (United States)

    Feuillet-Le Mintier, B

    2001-12-01

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

  19. 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.

  20. 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.

  1. 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…

  2. 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.

  3. Lepton flavor violation and seesaw symmetries

    Energy Technology Data Exchange (ETDEWEB)

    Aristizabal Sierra, D., E-mail: daristizabal@ulg.ac.be [Universite de Liege, IFPA, Department AGO (Belgium)

    2013-03-15

    When the standard model is extended with right-handed neutrinos the symmetries of the resulting Lagrangian are enlarged with a new global U(1){sub R} Abelian factor. In the context of minimal seesaw models we analyze the implications of a slightly broken U(1){sub R} symmetry on charged lepton flavor violating decays. We find, depending on the R-charge assignments, models where charged lepton flavor violating rates can be within measurable ranges. In particular, we show that in the resulting models due to the structure of the light neutrino mass matrix muon flavor violating decays are entirely determined by neutrino data (up to a normalization factor) and can be sizable in a wide right-handed neutrino mass range.

  4. 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…

  5. Urbanization and human rights

    NARCIS (Netherlands)

    Mihr, A.

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

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

    African Journals Online (AJOL)

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

  7. Human errors and violations in computer and information security: the viewpoint of network administrators and security specialists.

    Science.gov (United States)

    Kraemer, Sara; Carayon, Pascale

    2007-03-01

    This paper describes human errors and violations of end users and network administration in computer and information security. This information is summarized in a conceptual framework for examining the human and organizational factors contributing to computer and information security. This framework includes human error taxonomies to describe the work conditions that contribute adversely to computer and information security, i.e. to security vulnerabilities and breaches. The issue of human error and violation in computer and information security was explored through a series of 16 interviews with network administrators and security specialists. The interviews were audio taped, transcribed, and analyzed by coding specific themes in a node structure. The result is an expanded framework that classifies types of human error and identifies specific human and organizational factors that contribute to computer and information security. Network administrators tended to view errors created by end users as more intentional than unintentional, while errors created by network administrators as more unintentional than intentional. Organizational factors, such as communication, security culture, policy, and organizational structure, were the most frequently cited factors associated with computer and information security.

  8. Veterans before the European Court of Human Rights: Vučković and others against Serbia

    Directory of Open Access Journals (Sweden)

    Rašević Živorad

    2015-01-01

    Full Text Available This paper investigates the case of Boban Vučković and others before the Serbian judiciary, Constitutional Court of Serbia and the European Court of Human Rights, which was induced by Serbian Government's lack of recognition of the right to a fair remuneration to the military reservists-veterans of the armed conflict in 1999. in former Yugoslavia. The judicial restrictive approach in interpretation and application of anti-discirimination law norms (contrary to the principle iura novit curia was criticized. Certain solutions were proposed in accordance with international standards, based on non-discriminatory treatment of military reservists in relation to other persons who perform public service, and on obligation to a just satisfaction due to violation of personality rights contained in physical and psychological attrition in military service during the war.

  9. Human Rights, Human Needs, Human Development, Human Security

    OpenAIRE

    Gasper, Des

    2009-01-01

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

  10. 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, ...

  11. 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…

  12. Teaching Human Rights: Confronting the Contradictions

    Directory of Open Access Journals (Sweden)

    John L. Hammond

    2016-02-01

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

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

    OpenAIRE

    Follmar-Otto, Petra; Rabe, Heike

    2009-01-01

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

  14. 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.

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

    Science.gov (United States)

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

    2004-03-24

    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

  16. The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

    Science.gov (United States)

    Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

    2017-11-08

    Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

  17. 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…

  18. The Covenant on civil and political rights

    Directory of Open Access Journals (Sweden)

    Aulona HAXHIRAJ

    2013-12-01

    Full Text Available The civil and political rights as protected under the Covenant from the core of human rights protection on the international plane. This paper seeks to demonstrate how this goal may be archieved. The genesis of the Covenant will be discussed in the context of the evolution of human rights law. Starting from the normative framework and its development after the adoption of the Universal Declaration of Human Rights the scope of the Covenant rights as well as the duties of the State parties will be discussed. The monitoring role of th Human Rights Committee as major element in the implementation process will be closely examined. The paper will be focused on the status of the State parties and the Status of the Covenant in domestic law. Also will specifically focus on the State reporting system and the individual complaint procedure be carefully selected case studies. In conclusion, will be discussed the legal consequences of violations of rights protected by the Covenant.

  19. Health and human rights of women imprisoned in Zambia

    Directory of Open Access Journals (Sweden)

    Todrys Katherine W

    2011-06-01

    Full Text Available Abstract Background The healthcare needs and general experience of women in detention in sub-Saharan Africa are rarely studied and poorly understood. Methods A mixed-methods study was conducted including in-depth interviews with 38 adult female prisoners and 21 prison officers in four Zambian prisons to assess the health and human rights concerns of female detainees. Key informant interviews with 46 officials from government and non-governmental organizations and a legal and policy review were also conducted. Results Despite special protection under international and regional law, incarcerated women's health needs–including prenatal care, prevention of mother-to-child transmission of HIV, and nutritional support during pregnancy and breastfeeding–are not being adequately met in Zambian prisons. Women are underserved by general healthcare programs including those offering tuberculosis and HIV testing, and reported physical and sexual abuse conducted by police and prison officers that could amount to torture under international law. Conclusions There is an urgent need for women's healthcare services to be expanded, and for general prison health campaigns, including HIV and tuberculosis testing and treatment, to ensure the inclusion of female inmates. Abuses against women in Zambian police and prison custody, which violate their rights and compromise their health, must be halted immediately.

  20. Existential Damage: The Specificity of the Institute Unveiled from the Violation To The Right Of Labor Disconnection

    Directory of Open Access Journals (Sweden)

    Angela Barbosa Franco

    2015-12-01

    Full Text Available The right of labor disconnection underlies on a constitutional and fundamental prerogative of the entire working class. Rest periods from the laboring environment are protected by law and have the objective to provide workers with recovery of their physical and mental energies. They also assure moments of delight, of family, communitarian and political insertion, for the fulfillment of personal plans. The violation of these disconnection periods can jeopardize projects or life habits, as well as social relations, resulting in existential damage. From these premises, this article aims to analyze the characterizing elements of existential damage in order to evince its peculiarities in relation to moral damage and to defend the accumulation of damages to provide just atonement to the victims and to their dignity as human beings. Thus, this research supports itself on legal dogmatic principles, since it considers that the internal elements of legal order are sufficient to establish a distinction between moral and existential injuries. The main problem relies on the typifying elements of existential damage. Due to their extra-patrimonial nature and relationship to personal rights, they are mistakenly considered by labor courts as moral damages, and, therefore, given limited possibilities of indemnification to the victim. Under this perspective, the contextual complexity above presented is overcome through deductive reasoning, as it indicates in the open norms of the national legal system the possibility of an interdisciplinary and comparative investigation which attests the specificities of moral and existential damages.

  1. 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…

  2. Upholding pregnant women's right to life.

    Science.gov (United States)

    Cook, Rebecca J; Dickens, Bernard M

    2012-04-01

    Recent decisions of the Committee on the Elimination of Discrimination against Women (CEDAW), the Inter-American Court of Human Rights, and the High Court of Delhi have shown how the pregnancy-related deaths of individual women have been bases on which these authoritative tribunals have held Brazil, Paraguay, and India respectively accountable for avoidable maternal mortality not only in these cases, but also among their populations more generally. The right to life is the most fundamental of women's human rights, recognized in international human rights treaties and national laws. Failure of governments to apply their resources adequately to address, respect, and protect this right violates the law of human rights. These cases show, however, that governments may fail to allocate adequate resources to women's survival of pregnancy. Tribunals can build on the failures in individual cases to set standards of performance to which governments will legally be held to achieve safe motherhood. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  3. The Political Sociology of Human Rights

    OpenAIRE

    Nash, Kate

    2015-01-01

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

  4. Nature of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos López Dawson

    2016-07-01

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

  5. “Reasonable Accommodation” and “Accessibility”: Human Rights Instruments Relating to Inclusion and Exclusion in the Labor Market

    Directory of Open Access Journals (Sweden)

    Marianne Hirschberg

    2016-01-01

    Full Text Available Ableism is a powerful social force that causes persons with disabilities to suffer exclusion. The UN Convention on the Rights of Persons with Disabilities (CRPD is based on the human rights principles of equality and freedom for all people. This Convention contains two human rights instruments: the principle of accessibility and the means of reasonable accommodation, which can be used to protect the human rights of disabled persons. The extent to which they are used depends on whether the state implements the Convention adequately and whether companies accept their responsibility with respect to employing disabled persons and making workplaces available and designing them appropriately. Civil society can demand the adequate implementation of the human rights asserted in the CRPD and, thus, in national legislation, as well. A crucial point here is that only a state that has ratified the Convention is obliged to implement the Convention. Civil society has no obligation to do this, but has the right to participate in the implementation process (Art. 4 and Art. 33 CRPD. The Convention can play its part for disabled persons participating in the labor market without discrimination. If it is not implemented or not heeded sufficiently, the state must push this and put more effort into its implementation. If the state does not do this, this violates human rights and has direct consequences for the living conditions of disabled persons. The powerful ideological force of ableism then remains dominant and hampers or prevents the participation of persons with disabilities in the labor market and, thus, in society as a whole.

  6. Human Dignity – Constitutional Principle of Fundamental Human Rights

    Directory of Open Access Journals (Sweden)

    Lucian Pop

    2011-07-01

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

  7. No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

    Directory of Open Access Journals (Sweden)

    Moses R Phooko

    2015-12-01

    Full Text Available The Southern African Development Community Tribunal's (SADC Tribunal decision in the matter of Mike Campbell (Pvt Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008 demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would promote the rule of law and ensure that member states respected their treaty obligations in their own territories. Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of human rights violations. In addressing this question, this article will discuss the powers (implied and tacit of international organisations as understood within international law. In addition, the study will ascertain how the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia have dealt with cases that involved disputes concerning a tribunal or an international organisation that was said to have acted beyond its mandate. The study will also make reference to the East African Court of Justice and the Economic Community of West African States Court of Justice as they have also dealt with implied powers when they were confronted with cases concerning human rights abuses. Certain decisions of the SADC Summit of Heads of States or Government (Summit and the Council of Ministers whose roles include the control of functions and/or overseeing the functioning of the SADC will also be referred to in this study.

  8. 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 ...

  9. 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

  10. Derechos Humanos y Empresas: un enfoque radical | Human Rights and Companies: a radical approach

    Directory of Open Access Journals (Sweden)

    Alicia CAMPOS SERRANO

    2011-06-01

    Full Text Available En los últimos años se han multiplicado las denuncias de empresas transnacionales por violar derechos humanos en los lugares donde tienen sus actividades productivas o comerciales. Y también han proliferado los códigos de conducta corporativos que incluyen referencias a estos derechos, así como documentos e iniciativas internacionales de distinto carácter relacionando derechos y procesos económicos. Este artículo recorre la historia de la creciente utilización de los derechos humanos, en conjunto o en conflicto con otros lenguajes, en el marco más amplio de los debates en torno a la regulación de las empresas transnacionales y de la economía mundial. Además, ensaya una reflexión sobre las implicaciones de este proceso para principios fundamentales de las actuales relaciones internacionales, como la soberanía y la libertad de mercado, y sobre el potencial de transformación social de los derechos humanos. During last years denunciations against transnational companies have multiplied for violating human rights in the places where they have their productive or commercial activities. At the same time, corporate codes of conduct have also incorporated references to those rights, and more and more international documents and initiatives of different character relate human rights and business. This article looks at the history of the growing use of the language of human rights, in the broader context of the debates around the regulation of transnational companies and the world economy. It also reflects on the implications of this process for main principles of the present-day international relations, such as sovereignty or market freedom, and the potential for social transformations of human rights.

  11. 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

  12. Cyber Espionage in the International and Costa Rican Law: A Form of Violation of the Human Right to Privacy

    Directory of Open Access Journals (Sweden)

    Jonathan Masís Solís

    2016-08-01

    Full Text Available Cybercrime is a dangerous consequence of the evolution of information technology. This is how it is conceptualized the issues addressed in this paper. As a methodology, it is discussed and analysed published articles, Costa Rican law, and international regulations concerning cybercrime –such as the Convention on Cybercrime of 2001–, and introduce case law connected to the topic. In this paper, cyber espionage is viewed as an example of the way in which cybercrime jeopardizes and radically affects the human and fundamental right to intimacy. Finally, it is presented a number of conclusions in which it is underscored the importance of international cooperation for the investigation and punishment of cybercrime, as well as to locate the offenders. It is also suggested that it is crucial that due process is respected in the phase of investigation, as well as the human rights of the persons involved.

  13. 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…

  14. Health and human rights in eastern Myanmar prior to political transition: a population-based assessment using multistaged household cluster sampling.

    Science.gov (United States)

    Parmar, Parveen K; Benjamin-Chung, Jade; Smith, Linda S; Htoo, Saw Nay; Laeng, Sai; Lwin, Aye; Mahn, Mahn; Maung, Cynthia; Reh, Daniel; Shwe Oo, Eh Kalu; Lee, Thomas; Richards, Adam K

    2014-05-05

    Myanmar/Burma has received increased development and humanitarian assistance since the election in November 2010. Monitoring the impact of foreign assistance and economic development on health and human rights requires knowledge of pre-election conditions. From October 2008-January 2009, community-based organizations conducted household surveys using three-stage cluster sampling in Shan, Kayin, Bago, Kayah, Mon and Tanintharyi areas of Myanmar. Data was collected from 5,592 heads of household on household demographics, reproductive health, diarrhea, births, deaths, malaria, and acute malnutrition of children 6-59 months and women aged 15-49 years. A human rights focused survey module evaluated human rights violations (HRVs) experienced by household members during the previous year. Estimated infant and under-five rates were 77 (95% CI 56 to 98) and 139 (95% CI 107 to 171) deaths per 1,000 live births; and the crude mortality rate was 13 (95% CI 11 to 15) deaths per thousand persons. The leading respondent-reported cause of death was malaria, followed by acute respiratory infection and diarrhea, causing 21.2% (95% CI 16.5 to 25.8), 16.6% (95% CI 11.8 to 21.4), and 12.3% (95% CI 8.7 to 15.8), respectively. Over a third of households suffered at least one human rights violation in the preceding year (36.2%; 30.7 to 41.7). Household exposure to forced labor increased risk of death among infants (rate ratio (RR) = 2.2; 95% CI 1.1 to 4.4) and children under five (RR = 2.1; 95% CI 1.3 to 3.6). The proportion of children suffering from moderate to severe acute malnutrition was higher among households that were displaced (prevalence ratio (PR) = 3.3; 95% CI 1.9 to 5.6). Prior to the 2010 election, populations of eastern Myanmar experienced high rates of disease and death and high rates of HRVs. These population-based data provide a baseline that can be used to monitor national and international efforts to improve the health and human rights situation in the

  15. 139 Patriarchy, Marriage and the Rights of Widows in Nigeria Austin ...

    African Journals Online (AJOL)

    Ike Odimegwu

    victimization (including sexual) and other forms of human rights violations. ... have conceived and described the world as 'men's world'. Women can only play the second ..... sometimes, culminate in sexual harassment. Nowadays, sometimes ...

  16. 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

  17. Memory for expectation-violating concepts

    DEFF Research Database (Denmark)

    Porubanova, Michaela; Shaw, Daniel; McKay, Ryan

    2014-01-01

    Previous research has shown that ideas which violate our expectations, such as schema-inconsistent concepts, enjoy privileged status in terms of memorability. In our study, memory for concepts that violate cultural (cultural schema-level) expectations (e.g., ‘‘illiterate teacher’’, ‘‘wooden bottle...... expectations and with intuitive concepts (e.g., ‘‘galloping pony’’, ‘‘drying orchid’’, or ‘‘convertible car’’), in both immediate recall, and delayed recognition tests. Importantly, concepts related to agents showed a memory advantage over concepts not pertaining to agents, but this was true only...... for expectation-violating concepts. Our results imply that intuitive, everyday concepts are equally attractive and memorable regardless of the presence or absence of agents. However, concepts that violate our expectations (cultural-schema or domain-level) are more memorable when pertaining to agents (humans...

  18. 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.

  19. Lepton number violation searches at the LHC

    CERN Document Server

    Salvucci, Antonio; The ATLAS collaboration

    2017-01-01

    Lepton number is conserved in the Standard Model, therefore, any evidence for its violation would indicate the existence of new physics. This talk presents a review of the latest searches performed at the LHC concerning Lepton Number Violation (LNV) processes in the context of Left-Right Symmetric theory and Seesaw mechanism.

  20. Litigation as TB Rights Advocacy

    Science.gov (United States)

    2016-01-01

    Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

  1. 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.

  2. The right to life

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Stavri Sinjari

    2013-06-01

    Full Text Available The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the Albanian Constitution and article 2 of European Human Rights Convention. No democratic or totalitarian society can function without guarantees and protection of the human right to life We intend to address these issues on our article: What is life. What we legally understand with life. When the life starts and finish. How this right has evolved. Which is the state interest on protecting the life. Should we consider that the life is the same for all. Should the state interfere at any cost to protect the life. Is there any criminal charge for responsible persons to the violation of this right. Is this issue treated by European Human Rights Court. What are the Albanian legal provisions on protection of this right. This research is performed mainly according to a comparative and analytical methodology. Comperative analysis will be present almost throughout the paper. Treatment of issues of this research will be achieved through a system comparable with international standards in particular and the most advanced legislation in this area. At the same time, this research is conducted by analytical and statistical data processing. We believe that our research will make a modest contribution, not only to the legal literature, but also to criminal policy makers, law makers, lawyers and attorneys.

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

    OpenAIRE

    Ali, Sadaqat

    2018-01-01

    The discourse of human rights has been very prominent in the post-world wars which led various international organizations and institutes to generate awareness on this subject and pave a path for implementation of fundamental human rights in the world. Many theories have been coined and proliferated in the world to look the matter more seriously. The question mark on the role of religion in this regard has led the discussion sidelining divinely revealed monotheistic religions. Thus, religions...

  4. Health and human rights in eastern Myanmar after the political transition: a population-based assessment using multistaged household cluster sampling.

    Directory of Open Access Journals (Sweden)

    Parveen Kaur Parmar

    Full Text Available Myanmar transitioned to a nominally civilian parliamentary government in March 2011. Qualitative reports suggest that exposure to violence and displacement has declined while international assistance for health services has increased. An assessment of the impact of these changes on the health and human rights situation has not been published.Five community-based organizations conducted household surveys using two-stage cluster sampling in five states in eastern Myanmar from July 2013-September 2013. Data was collected from 6, 178 households on demographics, mortality, health outcomes, water and sanitation, food security and nutrition, malaria, and human rights violations (HRV. Among children aged 6-59 months screened, the prevalence of global acute malnutrition (representing moderate or severe malnutrition was 11.3% (8.0-14.7. A total of 250 deaths occurred during the year prior to the survey. Infant deaths accounted for 64 of these (IMR 94.2; 95% CI 66.5-133.5 and there were 94 child deaths (U5MR 141.9; 95% CI 94.8-189.0. 10.7% of households (95% CI 7.0-14.5 experienced at least one HRV in the past year, while four percent reported 2 or more HRVs. Household exposure to one or more HRVs was associated with moderate-severe malnutrition among children (14.9 vs. 6.8%; prevalence ratio 2.2, 95% CI 1.2-4.2. Household exposure to HRVs was associated with self-reported fair or poor health status among respondents (PR 1.3; 95% CI 1.1-1.5.This large survey of health and human rights demonstrates that two years after political transition, vulnerable populations of eastern Myanmar are less likely to experience human rights violations compared to previous surveys. However, access to health services remains constrained, and risk of disease and death remains higher than the country as a whole. Efforts to address these poor health indicators should prioritize support for populations that remain outside the scope of most formal government and donor programs.

  5. Health and human rights in eastern Myanmar after the political transition: a population-based assessment using multistaged household cluster sampling.

    Science.gov (United States)

    Parmar, Parveen Kaur; Barina, Charlene C; Low, Sharon; Tun, Kyaw Thura; Otterness, Conrad; Mhote, Pue P; Htoo, Saw Nay; Kyaw, Saw Win; Lwin, Nai Aye; Maung, Cynthia; Moo, Naw Merry; Oo, Eh Kalu Shwe; Reh, Daniel; Mon, Nai Chay; Singh, Nakul; Goyal, Ravi; Richards, Adam K

    2015-01-01

    Myanmar transitioned to a nominally civilian parliamentary government in March 2011. Qualitative reports suggest that exposure to violence and displacement has declined while international assistance for health services has increased. An assessment of the impact of these changes on the health and human rights situation has not been published. Five community-based organizations conducted household surveys using two-stage cluster sampling in five states in eastern Myanmar from July 2013-September 2013. Data was collected from 6, 178 households on demographics, mortality, health outcomes, water and sanitation, food security and nutrition, malaria, and human rights violations (HRV). Among children aged 6-59 months screened, the prevalence of global acute malnutrition (representing moderate or severe malnutrition) was 11.3% (8.0-14.7). A total of 250 deaths occurred during the year prior to the survey. Infant deaths accounted for 64 of these (IMR 94.2; 95% CI 66.5-133.5) and there were 94 child deaths (U5MR 141.9; 95% CI 94.8-189.0). 10.7% of households (95% CI 7.0-14.5) experienced at least one HRV in the past year, while four percent reported 2 or more HRVs. Household exposure to one or more HRVs was associated with moderate-severe malnutrition among children (14.9 vs. 6.8%; prevalence ratio 2.2, 95% CI 1.2-4.2). Household exposure to HRVs was associated with self-reported fair or poor health status among respondents (PR 1.3; 95% CI 1.1-1.5). This large survey of health and human rights demonstrates that two years after political transition, vulnerable populations of eastern Myanmar are less likely to experience human rights violations compared to previous surveys. However, access to health services remains constrained, and risk of disease and death remains higher than the country as a whole. Efforts to address these poor health indicators should prioritize support for populations that remain outside the scope of most formal government and donor programs.

  6. Critical Theory of Human Rights

    NARCIS (Netherlands)

    Rensmann, Lars; Thompson, Michael J.

    2017-01-01

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

  7. Remembering a sociology of Human Rights

    OpenAIRE

    Levy, Daniel; Sznaider, Natan

    2014-01-01

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

  8. 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…

  9. Young children remedy second- and third-party ownership violations.

    Science.gov (United States)

    Van de Vondervoort, Julia W; Hamlin, J Kiley

    2015-09-01

    When responding to ownership violations, children can focus on the victim's needs, the perpetrator's punishment, or both. Recent studies show that 3- and 5-year-olds are equally likely to respond to second- and third-party violations, and 3-year-olds return objects to their rightful owners. Children's interventions are consistent with justice for victims. Copyright © 2015 Elsevier Ltd. All rights reserved.

  10. Disability in a Human Rights Context

    Directory of Open Access Journals (Sweden)

    Theresia Degener

    2016-08-01

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

  11. 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)

  12. Unsafe Abortion and its Ethical, Sexual and Reproductive Rights ...

    African Journals Online (AJOL)

    Background: Unsafe abortion is an important cause of maternal mortality and morbidity, particularly marked in developing countries with restrictive abortion laws. It has both bioethical and human rights implications, violating their key principles and components. Objective: To highlight the magnitude of complications of ...

  13. Human Rights

    CERN Multimedia

    Meyer,D

    1971-01-01

    Daniel Meyer, Président de la ligue française de défense de droits de l'homme et du citoyen fait un exposé sur son engagement (politique). Dans la deuxième partie, une avocate brésilienne (en exil)donne un témoignage de la violation des droits de l'homme sous la dictature militaire de son pays; elle a défendu pendant 6 ans des prisonniers politiques.

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

    NARCIS (Netherlands)

    Holzhacker, Ron

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

  15. ‘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

  16. INFRINGEMENT IN ONE’S RIGHT TO NAME, INTRUSION IN PRIVATE LIFE OR FAMILY LIFE? THE EUROPEAN COURT OF HUMAN RIGHTS PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Oana-Nicoleta Retea

    2016-11-01

    Full Text Available The name is important both to the individual and to the society. Therefore, it is important to understand its role in both shaping the private sense of self and identity and in reflecting and sustaining the social institutions such as the state, family. The aim of this article is to contribute to the better understanding of the scope of Article 8 from the European Convention of Human Rights in what concerns the right to bear a name. The great variety of issues that have been covered by this article has generated a huge literature in which Article 8 was treated as one of the most open -ended provisions of the ECHR. In this context, it was underlined the inclusion of the right to name into the domain of this article, while tracing the connotation given by the Court in the attempt to establish an infringement of the right to privacy and famil y. Moreover, the case law presented reveals that there are fluctuations in the approach of the Court, showing also the cases in which it was not found a violation of Article 8. However, the infringement of one's right to name could reveal different ways of intrusion in the private life or family life, but in any situation, it is engaged liability for the damage caused.

  17. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

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

  18. Human rights, State Violence and Political Resistance

    Directory of Open Access Journals (Sweden)

    Signe Larsen

    2013-11-01

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

  19. Rethinking the Role of Development Banks in Climate Finance: Panama’s Barro Blanco CDM Project and Human Rights

    Directory of Open Access Journals (Sweden)

    Beatriz Felipe Pérez

    2016-06-01

    Full Text Available Development banks are key actors in climate finance. During the last decades, they have increased the funding of climate change related projects, especially those under the Clean Development Mechanism (CDM. Defined in Article 12 of the Kyoto Protocol, the CDM aims at contributing to climate change mitigation while assisting in achieving sustainable development. However, many CDM projects have caused environmental damage and human rights abuses that especially affect the most vulnerable people. Located in Panama, the Barro Blanco hydro-power dam exemplifies the complex interrelationship of climate financing, development policies, the political and economic national context and human rights. Through the analysis of the role of development banks in climate finance, especially in the context of CDM projects, this paper aims (1 to clarify the role of development banks in climate finance, (2 to shed light on the vulnerable situation of the people affected by these projects, (3 to highlight the gaps in both the CDM rules and the development banks’ safeguard policies concerning the protection of human rights and the prevention of environmental abuses, and (4 to give a current example of this complex situation through the Barro Blanco case study. This paper argues that the manifold and often competing national and international legal and political layers of climate change mitigation projects repeatedly leave project affected people vulnerable to human rights violations without adequate safeguards and mechanisms to effectively articulate their interests, protect their rights and promote access to justice.

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

    Science.gov (United States)

    Annas, George J; Mariner, Wendy K

    2016-02-01

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

  1. Human rights and the sexual and reproductive health of women living with HIV--a literature review.

    Science.gov (United States)

    Kumar, Shubha; Gruskin, Sofia; Khosla, Rajat; Narasimhan, Manjulaa

    2015-01-01

    Even as the number of women living with HIV around the globe continues to grow, realization of their sexual and reproductive health and human rights remains compromised. The objective of this study was to review the current state of knowledge on the sexual and reproductive health and human rights of women living with HIV to assess evidence and gaps. Relevant databases were searched for peer-reviewed and grey literature. Search terms included a combination of MeSH terms and keywords representing women, HIV/AIDS, ART, human rights, sexual and reproductive health. We included both qualitative and quantitative literature published in English, French, or Spanish between July 2011 and December 2014. The search yielded 2228 peer-reviewed articles, of which 40 met the inclusion criteria in the final review. The grey literature search yielded 2186 documents of which seven met the inclusion criteria in the final review. Of the articles and documents reviewed, not a single peer-reviewed article described the explicit implementation of rights in programming, and only two documents from the grey literature did so. With one possible exception, no articles or documents were found which addressed rights comprehensively, or addressed the majority of relevant rights (i.e. equality; non-discrimination; participation; privacy and confidentiality; informed decision making; availability, accessibility, acceptability and quality (3AQ) of services individually or in their totality; and accountability). Additional findings indicate that the language of rights is used most often to describe the apparent neglect or violation of human rights and what does exist only addresses a few rights in the context of a few areas within sexual and reproductive health. Findings from this review suggest the need to better integrate rights into interventions, particularly with attention to provider training, service delivery, raising awareness and capacity building among the community of women living with

  2. Los usos del testimonio en los estudios de la memoria. El caso de las violaciones masivas a los derechos humanos en la Argentina (Testimony uses in memory studies. The case of gross violations to human rights in Argentina

    Directory of Open Access Journals (Sweden)

    Julieta Mira

    2017-12-01

    Full Text Available The memory study as an interdisciplinary field in Latin-America has been constructing and consolidating from the nineties of the 20th Century; which gained a driving force from the need to approach the topics regarding the political violence and the massive human rights violations perpetrated by the last military dictatorships. The testimony emerges as a favoured source from which reconstruct the memory of diverse historical-political events, as those linked with gross human rights violations. Taking in advance this challenging opportunity, the research work with testimony requires the comprehension of the sense and the uses, the scope and the limitations of the actors´ (survivors speech as witnesses of violence. This article proposes itself a complex and critical approach to the testimony from a methodological perspective, focused in the case of the last Argentine dictatorship (1976-1983.El campo interdisciplinario de estudio sobre la memoria en Latinoamérica se fue conformando y consolidando desde los años noventa del siglo XX; el cual fue impulsado desde la necesidad de abordar las temáticas relativas a la violencia política y a las violaciones masivas a los derechos humanos en las últimas dictaduras militares. El testimonio emerge como una fuente privilegiada a partir de la cual reconstruir la memoria de diversos sucesos histórico-políticos, como aquellos vinculados a graves violaciones a los derechos humanos. Ante esta desafiante oportunidad, el trabajo de investigación con el testimonio precisa la comprensión del sentido y de los usos, del alcance y de las limitaciones de la palabra de los actores que fueron testigos (supervivientes de violencia. Este artículo se propone desde una mirada metodológica un acercamiento complejo y crítico al testimonio haciendo foco en el caso de la última dictadura militar en la Argentina (1976-1983. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=3055033

  3. 'Violation' - does HRA need the concept?

    International Nuclear Information System (INIS)

    Dougherty, Ed

    1995-01-01

    Violations are part of a complex matrix of judgmental behavior. The term violation is an indicator of the possibility of recent judgment errors but more so of latent errors in management and/or design. The effect of investigations in this arena do indicate a need for an extension of the classic slip/mistake taxonomy of human reliability analysis. The note attempts to initiate this extension

  4. 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.

  5. The Human Rights of Minority Women:

    DEFF Research Database (Denmark)

    Ravnbøl, Camilla Ida

    2010-01-01

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

  6. 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...

  7. Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality

    Directory of Open Access Journals (Sweden)

    Federica D’Alessandra

    2014-08-01

    Full Text Available In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.

  8. Communication rights from the margins: politicising young refugees' smartphone pocket archives.

    Science.gov (United States)

    Leurs, Koen

    2017-11-01

    Politicising the smartphone pocket archives and experiences of 16 young refugees living in the Netherlands, this explorative study re-conceptualises and empirically grounds communication rights. The focus is on the usage of social media among young refugees, who operate from the margins of society, human rights discourse and technology. I focus on digital performativity as a means to address unjust communicative power relations and human right violations. Methodologically, I draw on empirical data gathered through a mixed-methods, participatory action fieldwork research approach. The empirical section details how digital practices may invoke human right ideals including the human right to self-determination, the right to self-expression, the right to information, the right to family life and the right to cultural identity. The digital performativity of communication rights becomes meaningful when fundamentally situated within hierarchical and intersectional power relations of gender, race, nationality among others, and as inherently related to material conditions and other basic human rights including access to shelter, food, well-being and education.

  9. 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...

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

    Directory of Open Access Journals (Sweden)

    Helena Soleto Muñoz

    2014-01-01

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

  11. 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.

  12. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

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

  13. 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....

  14. Jumping for recognition: Women's ski jumping viewed as a struggle for rights.

    Science.gov (United States)

    Andersen, W; Loland, S

    2017-03-01

    With the campaign for women's participation in international and Olympic ski jumping as a practical case, sport's potential for recognition of individual rights is explored. In line with Honneth's influential ethical theory, recognition of rights refers to a mutual recognition between persons of each other as rational and responsible agents with an equal right to take part in the public formation and development of their community or practice. The argument is that women ski jumpers were entitled to compete as they had actual and/or potential capabilities and skills to contribute in the public formation and development of their sport. Their exclusion was a violation of individual rights. At a more general level, sport is discussed as a sphere for recognition of rights. It is argued that the basic principles of equal opportunity to take part and to perform make sport a particularly clear and potent sphere for such recognition, and also for the identification of rights violations. In sport, rights, or the violation of rights, are demonstrated in concrete and embodied ways. It is concluded that struggles for recognition and individual rights are a continuous process in sport as in most other human institutions and practices. © 2016 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

  15. 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…

  16. 40 CFR 303.12 - Criminal violations covered by this award authority.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Criminal violations covered by this... (CONTINUED) SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER SUPERFUND General § 303.12 Criminal violations covered by this award...

  17. 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 ...

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

    African Journals Online (AJOL)

    Hennie

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

  19. Right to resistance in the context of democratic processes

    Directory of Open Access Journals (Sweden)

    К. О. Павшук

    2015-05-01

    Full Text Available Problem setting. Right to resistance and especially right to rebellion should be considered as an element of constitutional order’s ensuring. It means the right of some Ukrainian citizen to realize civil disobedience as a resistance and a rebellion as to one kind of it. Rebellion against the power is the result of absence of stage-by-stage mutual discussion and consensus between power and people. It means that the absence of past democratic practices could be the reason of power usurpation and human rights violations. Recent research and publications analysis. Right of people to resistance and rebellion was considered by numerous scientists in the spheres of constitutional right, of political science and legal theory of past and modern times. Among them it could be named J. Lock, V.V. Rechitskij, S.Pogrebnjak etc. Paper objective. The main aim of the article is to find out the essence of the right to resistance and rebellion as an element of constitutional order’s ensuring, to review reasons of it, its forms and their realizations in a modern democratic state. Paper main body. In the article it is considered the direct and indirect form of the right’s realization. Directly the right to resistance takes is executed in the case of violations by bodies of a state power or in the case of citizen’s disagreement with their activity by means of unarmed meetings, campaigns and demonstrations, strikes for protection of their economic and social interests. One of the most democratic methods of resistance that has indirect character is a nationwide referendum against the solutions of a parliament. The alternative forms of resistance are civil hearings and people’s legislative initiatives, “people’s veto”, which can decrease the probability of a conflict aggravation.   Conclusions. Only participation of each citizen in the process of state rule should to prevent human and civil rights violations, abuses of state authority that can have as

  20. Human rights: implications for patients and staff.

    Science.gov (United States)

    Dreezen, I; Nys, H

    2003-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Alessandra Danielle Carneiro dos Santos Hilário

    2016-05-01

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

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

    African Journals Online (AJOL)

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

  3. Human Rights Arrangement on Indonesian Law

    Directory of Open Access Journals (Sweden)

    S. Masribut Sardol

    2014-01-01

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

  4. Developing a health and human rights training program for french speaking Africa: lessons learned, from needs assessment to a pilot program.

    Science.gov (United States)

    Chastonay, Philippe; Klohn, Axel Max; Zesiger, Véronique; Freigburghaus, Franziska; Mpinga, Emmanuel Kabengele

    2009-08-24

    The importance of human rights education has widely been recognized as one of the strategies for their protection and promotion of health. Yet training programs have not always taken into account neither local needs, nor public health relevance, nor pedagogical efficacy.The objectives of our study were to assess, in a participative way, educational needs in the field of health and human rights among potential trainees in six French-speaking African countries and to test the feasibility of a training program through a pilot test. Ultimately the project aims to implement a health and human rights training program most appropriate to the African context. Needs assessment was done according to four approaches: Revue of available data on health and human rights in the targeted countries; Country visits by one of the authors meeting key institutions; Focus group discussions with key-informants in each country; A questionnaire-based study targeting health professionals and human rights activists.Pilot training program: an interactive e-learning pilot program was developed integrating training needs expressed by partner institutions and potential trainees. Needs assessment showed high public health and human rights challenges that the target countries have to face. It also showed precise demands of partner institutions in regard to a health and human rights training program. It further allowed defining training objectives and core competencies useful to potential employers and future students as well as specific training contents.A pilot program allowed testing the motivation of students, the feasibility of an interactive educational approach and identifying potential difficulties. In combining various approaches our study was able to show that training needs concentrate around tools allowing the identification of basic human rights violations in the health system, the analysis of their causes and coordinated responses through specific intervention projects.

  5. Developing a health and human rights training program for french speaking Africa: lessons learned, from needs assessment to a pilot program

    Directory of Open Access Journals (Sweden)

    Freigburghaus Franziska

    2009-08-01

    Full Text Available Abstract Background The importance of human rights education has widely been recognized as one of the strategies for their protection and promotion of health. Yet training programs have not always taken into account neither local needs, nor public health relevance, nor pedagogical efficacy. The objectives of our study were to assess, in a participative way, educational needs in the field of health and human rights among potential trainees in six French-speaking African countries and to test the feasibility of a training program through a pilot test. Ultimately the project aims to implement a health and human rights training program most appropriate to the African context. Methods Needs assessment was done according to four approaches: Revue of available data on health and human rights in the targeted countries; Country visits by one of the authors meeting key institutions; Focus group discussions with key-informants in each country; A questionnaire-based study targeting health professionals and human rights activists. Pilot training program: an interactive e-learning pilot program was developed integrating training needs expressed by partner institutions and potential trainees. Results Needs assessment showed high public health and human rights challenges that the target countries have to face. It also showed precise demands of partner institutions in regard to a health and human rights training program. It further allowed defining training objectives and core competencies useful to potential employers and future students as well as specific training contents. A pilot program allowed testing the motivation of students, the feasibility of an interactive educational approach and identifying potential difficulties. Conclusion In combining various approaches our study was able to show that training needs concentrate around tools allowing the identification of basic human rights violations in the health system, the analysis of their causes and

  6. 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

  7. Sovereignty transformed: a sociology of human rights.

    Science.gov (United States)

    Levy, Daniel; Sznaider, Natan

    2006-12-01

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

  8. Advancing human rights in patient care through higher education in Eastern Europe and Central Asia.

    Science.gov (United States)

    Ezer, Tamar; Overall, Judy

    2013-12-12

    In Eastern Europe and Central Asia, for society's most marginalized people, health systems are too often places of violations of basic rights, rather than of treatment and care. At the same time, health practitioners are largely unaware of how to incorporate human rights norms in their work. Additionally, they may face abuses themselves, such as unsafe working conditions and sanctions for providing evidence-based care. Similarly, legal professionals have limited experience working in the health sector, trying to address abuses that occur. Republics of the former Soviet Union and Yugoslavia have emerged from communism and experienced continued restructuring of their health care systems. As faculties of law, public health, and medicine have sought to incorporate these rapid changes into their curricula, this period of reform and openness to new approaches presented a particular opportunity to integrate human rights education. The Open Society Foundations have attempted to respond to the need to build health and human rights capacity by supporting the development of over 25 courses in human rights in patient care in nine countries. Targeted at different audiences, these courses are now part of the regular offerings at the academic institutions where they are taught. Student evaluations point to the strength of the interdisciplinary approach and the need to integrate practical examples and exercises. Faculty response has led to the development of a virtual community of practice and series of workshops to gain exposure to new ideas, strengthen interactive teaching, and share materials and experiences. Critical to this initiative has been working with faculty champions in each university, who shaped this initiative to meet the needs in their context. It quickly became apparent that teaching methodology is as important as content in human rights education. Meaningful engagement with health practitioners has entailed connections to day-to-day practice, participatory

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

    Science.gov (United States)

    Zopunyan, Violeta; Krmoyan, Suren; Quinn, Ryan

    2013-12-12

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

  10. 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.

  11. Human rights approach to health.

    Science.gov (United States)

    Haigh, Fiona

    2002-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Lester R. Kurtz

    2017-03-01

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

  13. 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…

  14. Universalizing Core Human Rights in the 'New' ASEAN: A Reassessment of Culture and Development Justifications Against the Global Rejection of Impunity

    Directory of Open Access Journals (Sweden)

    Diane Desierto

    2009-02-01

    -pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;}

    This paper responds to the defences of “culture” and “development” rights as justifications for exceptionalism in human rights obligations in Southeast Asia, particularly against the context of the passage of the Association of Southeast Asian Nations (ASEAN Charter. Under the new ASEAN Charter, Member States have the general obligation to abide by the Organizational Principles of “adherence to the rule of law, good governance, the principles of democracy and constitutional government”, as well as “respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice”. More importantly, it is now the specific obligation of ASEAN Member States to “take all necessary measures, including the enactment of appropriate domestic legislation, to effectively implement the provisions of the Charter and to comply with all obligations of membership”, including the above-stated Organizational Principles.

    The paper shows the normative, conceptual, and empirical weaknesses of the “culture” and “development” justifications for creating exceptions to the observance and protection of core human rights norms. Assessing the right to culture as an exception to human rights observance, the paper asserts the ideological imprecision of the “right to culture” as an exception to human rights observance, noting that the porous definition of “culture” should not be equally valued in its assertion against core human rights norms which form part of general international law (e.g. jus cogens prohibitions, crimes against humanity, war crimes, egregious violations of human rights, obligations erga omnes and which can be modified only by a subsequent norm of the same

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

    OpenAIRE

    Hunt, Paul

    2016-01-01

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

  16. NGO Duties in Relation to Human Rights

    NARCIS (Netherlands)

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

    2010-01-01

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

  17. The La Tablada Attack and the Erosion of Civil Rights in Argentina

    OpenAIRE

    Sheinin, David

    2017-01-01

    On January 23, 1989, 42 operatives of a revolutionary group, the Movimiento Todos por la Patria (MTP), attacked the General Belgrano Mechanized Infantry Regiment No. 3 at La Tablada in the province of Buenos Aires. This article analyzes the accusations of human rights violations committed by the armed forces and the police on the attackers in the aftermath of the assault; the skeptical Argentine government’s response to those allegations before the Inter-American Commission of Human Rights (I...

  18. The International Human Rights Muddle.

    Science.gov (United States)

    Machan, Tibor R.

    1979-01-01

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

  19. 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.

  20. 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

  1. Understanding engineering professionalism: a reflection on the rights of engineers.

    Science.gov (United States)

    Stieb, James A

    2011-03-01

    Engineering societies such as the National Society of Professional Engineers (NSPE) and associated entities have defined engineering and professionalism in such a way as to require the benefit of humanity (NSPE 2009a, Engineering Education Resource Document. NSPE Position Statements. Governmental Relations). This requirement has been an unnecessary and unfortunate "add-on." The trend of the profession to favor the idea of requiring the benefit of humanity for professionalism violates an engineer's rights. It applies political pressure that dissuades from inquiry, approaches to new knowledge and technologies, and the presentation, publication, and use of designs and research findings. Moreover, a more politically neutral definition of engineering and/or professionalism devoid of required service or benefit to mankind does not violate adherence to strong ethical standards.

  2. Communication rights from the margins: politicising young refugees’ smartphone pocket archives

    Science.gov (United States)

    2017-01-01

    Politicising the smartphone pocket archives and experiences of 16 young refugees living in the Netherlands, this explorative study re-conceptualises and empirically grounds communication rights. The focus is on the usage of social media among young refugees, who operate from the margins of society, human rights discourse and technology. I focus on digital performativity as a means to address unjust communicative power relations and human right violations. Methodologically, I draw on empirical data gathered through a mixed-methods, participatory action fieldwork research approach. The empirical section details how digital practices may invoke human right ideals including the human right to self-determination, the right to self-expression, the right to information, the right to family life and the right to cultural identity. The digital performativity of communication rights becomes meaningful when fundamentally situated within hierarchical and intersectional power relations of gender, race, nationality among others, and as inherently related to material conditions and other basic human rights including access to shelter, food, well-being and education. PMID:29278239

  3. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

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

  4. 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.

  5. Nudge, nudge, wink, wink: love, sex and gay men with intellectual disabilities - a helping hand or a human right?

    Science.gov (United States)

    Abbott, D

    2013-11-01

    How do human rights help us with the experiences of people with intellectual disabilities (ID) who face discrimination and barriers in their sexual lives? Men with ID who are gay face a whole range of rights violations when it comes to exercising their sexual identity. How can such a seemingly marginalised group draw on rights based claims for better and equal treatment? This paper explores how the power of men's own stories may usefully challenge prevailing social norms and in turn strengthen human rights claims in this area. It also reflects on the challenges posed to such an agenda by current economic difficulties and changes in the organisation of adult social care in the UK. The paper draws on empirical research with gay men with ID completed in the UK in 2005 and briefly revisits some key messages from the data. It also considers the wider literature on the power and possibilities of human rights, 'intimate stories' and translating human rights into everyday change. Gay men with ID tell powerful stories of love, longing and exclusion. Such stories have the capacity to transform wider social attitudes and in turn strengthen the rights claims of this marginalised groups. There are question marks about the possibility of such change in a time of austerity and the broader move in the UK's welfare state from the collective to the individual consumer of services. However, the telling of men's 'intimate stories' creates an almost unassailable challenge to current discriminatory practices and norms. © 2012 The Author. Journal of Intellectual Disability Research © 2012 John Wiley & Sons Ltd, MENCAP & IASSID.

  6. 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.

  7. Nutrition, health and human rights.

    Science.gov (United States)

    Brundtland, G H

    1999-07-01

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

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

    Science.gov (United States)

    Andorno, Roberto

    2010-12-01

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

  9. A Benefit/Cost/Deficit (BCD) model for learning from human errors

    International Nuclear Information System (INIS)

    Vanderhaegen, Frederic; Zieba, Stephane; Enjalbert, Simon; Polet, Philippe

    2011-01-01

    This paper proposes an original model for interpreting human errors, mainly violations, in terms of benefits, costs and potential deficits. This BCD model is then used as an input framework to learn from human errors, and two systems based on this model are developed: a case-based reasoning system and an artificial neural network system. These systems are used to predict a specific human car driving violation: not respecting the priority-to-the-right rule, which is a decision to remove a barrier. Both prediction systems learn from previous violation occurrences, using the BCD model and four criteria: safety, for identifying the deficit or the danger; and opportunity for action, driver comfort, and time spent; for identifying the benefits or the costs. The application of learning systems to predict car driving violations gives a rate over 80% of correct prediction after 10 iterations. These results are validated for the non-respect of priority-to-the-right rule.

  10. 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.

  11. 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

  12. Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

    Directory of Open Access Journals (Sweden)

    Rupert Harwood

    2016-04-01

    Full Text Available The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author’s qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

  13. 45 CFR 73b.3 - Reports of violations.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Reports of violations. 73b.3 Section 73b.3 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION DEBARMENT OR SUSPENSION OF FORMER EMPLOYEES § 73b.3 Reports of violations. (a) If an officer or employee of the Department has reason to...

  14. Human reproductive cloning: a conflict of liberties.

    Science.gov (United States)

    Havstad, Joyce C

    2010-02-01

    Proponents of human reproductive cloning do not dispute that cloning may lead to violations of clones' right to self-determination, or that these violations could cause psychological harms. But they proceed with their endorsement of human reproductive cloning by dismissing these psychological harms, mainly in two ways. The first tactic is to point out that to commit the genetic fallacy is indeed a mistake; the second is to invoke Parfit's non-identity problem. The argument of this paper is that neither approach succeeds in removing our moral responsibility to consider and to prevent psychological harms to cloned individuals. In fact, the same commitment to personal liberty that generates the right to reproduce by means of cloning also creates the need to limit that right appropriately. Discussion of human reproductive cloning ought to involve a careful and balanced consideration of both the relevant aspects of personal liberty - the parents' right to reproductive freedom and the cloned child's right to self-determination.

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

    Directory of Open Access Journals (Sweden)

    Selita Mirela

    2015-12-01

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

  16. Conflicting Rights: How the Prohibition of Human Trafficking and Sexual Exploitation Infringes the Right to Health of Female Sex Workers in Phnom Penh, Cambodia.

    Science.gov (United States)

    Maher, Lisa; Dixon, Thomas; Phlong, Pisith; Mooney-Somers, Julie; Stein, Ellen; Page, Kimberly

    2015-06-11

    While repressive laws and policies in relation to sex work have the potential to undermine HIV prevention efforts, empirical research on their interface has been lacking. In 2008, Cambodia introduced antitrafficking legislation ostensibly designed to suppress human trafficking and sexual exploitation. Based on empirical research with female sex workers, this article examines the impact of the new law on vulnerability to HIV and other adverse health outcomes. Following the introduction of the law, sex workers reported being displaced to streets and guesthouses, impacting their ability to negotiate safe sex and increasing exposure to violence. Disruption of peer networks and associated mobility also reduced access to outreach, condoms, and health care. Our results are consistent with a growing body of research which associates the violation of sex workers' human rights with adverse public health outcomes. Despite the successes of the last decade, Cambodia's AIDS epidemic remains volatile and the current legal environment has the potential to undermine prevention efforts by promoting stigma and discrimination, impeding prevention uptake and coverage, and increasing infections. Legal and policy responses which seek to protect the rights of the sexually exploited should not infringe the right to health of sex workers. Copyright 2015 Maher et al. 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.

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

    Science.gov (United States)

    Yamin, A E

    1997-01-01

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

  18. Detecting scale violations in absence of mismatch requires music-syntactic analysis: a further look at the early right anterior negativity (ERAN).

    Science.gov (United States)

    Kalda, Tiina; Minati, Ludovico

    2012-07-01

    The purpose of this study was to determine whether infrequent scale violations in a sequence of in-key notes are detected when the deviants are matched for frequency of occurrence and preceding intervals with the control notes. We further investigated whether the detectability of scale violations is modulated by the presence of melodic context and by the level of musical training. Event related potentials were recorded from 14 musicians and 13 non-musicians. In non-musicians, the out-of-key notes elicited an early right anterior negativity (ERAN), which appeared prominently over right frontal sites only when presented within structured sequences; no effects were found when the out-of-key notes were presented within scrambled sequences. In musicians, the out-of-key notes elicited a similar bilateral ERAN in structured and scrambled sequences. Our findings suggest that scale information is processed at the level of music-syntactic analysis, and that the detection of deviants does not require activation of auditory sensory memory by mismatch effects. Scales are perceived as a broader context, not just as online interval relations. Additional melodic context information appears necessary to support the representation of scale deviants in non-musicians, but not in musically-trained individuals, likely as a consequence of stronger pre-existing representations.

  19. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    OpenAIRE

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

  20. Speech therapy in adolescents with Down syndrome: In pursuit of communication as a fundamental human right.

    Science.gov (United States)

    Rvachew, Susan; Folden, Marla

    2018-02-01

    The achievement of speech intelligibility by persons with Down syndrome facilitates their participation in society. Denial of speech therapy services by virtue of low cognitive skills is a violation of their fundamental human rights as proclaimed in the Universal Declaration of Human Rights in general and in Article 19 in particular. Here, we describe the differential response of an adolescent with Down syndrome to three speech therapy interventions and demonstrate the use of a single subject randomisation design to identify effective treatments for children with complex communication disorders. Over six weeks, 18 speech therapy sessions were provided with treatment conditions randomly assigned to targets and sessions within weeks, specifically comparing auditory-motor integration prepractice and phonological planning prepractice to a control condition that included no prepractice. All treatments involved high intensity practice of nonsense word targets paired with tangible referents. A measure of generalisation from taught words to untaught real words in phrases revealed superior learning in the auditory-motor integration condition. The intervention outcomes may serve to justify the provision of appropriate supports to persons with Down syndrome so that they may achieve their full potential to receive information and express themselves.

  1. Re-Envisioning Human Rights in the Light of Arendt and Rancière: Towards an Agonistic Account of Human Rights Education

    Science.gov (United States)

    Zembylas, Michalinos

    2017-01-01

    This article takes up Arendt's "aporetic" framing of human rights as well as Rancière's critique and suggests that reading them together may offer a way to re-envision human rights and human rights education (HRE)--not only because they make visible the perplexities of human rights, but also in that they call for an agonistic…

  2. Where is the harm in a privacy violation : Calculating the damages afforded in privacy cases by the European Court of Human Rights

    NARCIS (Netherlands)

    van der Sloot, Bart

    2017-01-01

    It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming

  3. On Setting Priorities among Human Rights

    NARCIS (Netherlands)

    Philips, Jos

    2014-01-01

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

  4. 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.

  5. US Human Rights Conduct and International Legitimacy

    DEFF Research Database (Denmark)

    Keating, Vincent Charles

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

  6. 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.

  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. 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.

  9. Human Rights and Behavior Modification

    Science.gov (United States)

    Roos, Philip

    1974-01-01

    Criticisms of behavior modification, which charge that it violates ethical and legal principles, are discussed and reasons are presented to explain behavior modification's susceptibility to attack. (GW)

  10. Protestant Origins of Human Rights Challenged

    Directory of Open Access Journals (Sweden)

    Mogens Chrom Jacobsen

    2017-08-01

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

  11. Covenant Violations and Dynamic Loan Contracting

    DEFF Research Database (Denmark)

    Freudenberg, Felix; Imbierowicz, Björn; Saunders, Anthony

    2017-01-01

    This paper examines the dynamic allocation of control rights in private debt contracts of firms. We show that a covenant violation in the prior loan contract implies a stigma for borrowers which results in stricter loan contract terms in subsequent new loan contracts. Our analyses reject...... potentially other explanations such as firm characteristics or agency problems between the lender and firm management, shareholders or public debtholders. After covenant violations in the prior contract, new loans have on average 18 bps higher spreads and include more of those covenant types which also have...

  12. 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

  13. 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.

  14. 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,…

  15. 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.

  16. The human rights approach to climate change

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2013-01-01

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

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

    Science.gov (United States)

    Steinzor, N

    1995-01-01

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

  18. 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…

  19. In defense of commitment: The curative power of violated expectations.

    Science.gov (United States)

    Murray, Sandra L; Lamarche, Veronica M; Gomillion, Sarah; Seery, Mark D; Kondrak, Cheryl

    2017-11-01

    A new model of commitment defense in romantic relationships is proposed. It assumes that relationships afford a central resource for affirming meaning and purpose in the world. Consequently, violating expectations about the world outside the relationship can precipitate commitment defense inside the relationship. A meta-analysis of 5 experiments, 2 follow-up correlational studies, and a longitudinal study of the transition to first parenthood supported the model. Experimentally violating conventional expectations about the world (e.g., "hard work pays off") motivated less satisfied people to defensively affirm their commitment. Similarly, when becoming a parent naturalistically violated culturally conditioned gendered expectations about the division of household labor, less satisfied new mothers and fathers defensively affirmed their commitment from pre-to-post baby. The findings suggest that violating expected associations in the world outside the relationship motivates vulnerable people to set relationship their relationship right, thereby affirming expected associations in the relationship in the face of an unexpected world. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  20. CP violation

    CERN Document Server

    1989-01-01

    Contents: CP Phenomenology: Introduction to CP Violation (C Jarlskog); CP-Violation in the K 0 -K 0 -System (K Kleinknecht); The Quark Mixing Matrix, Charm Decays and B Decays (S Stone); The Question of CP Noninvariance - As Seen through the Eyes of Neutral Beauty (I I Bigi et al.); In Search of CP Noninvariance in Heavy Quark Systems (L-L Chau); CP Violation at High Energy e + e - Colliders (J Bernabéu & M B Gavela); CP Violation in the Standard Model with Four Families (A Datta & E A Paschos); CP Effects When Neutrinos are their Own Antiparticles (B Kayser); On Spontaneous CP Violation Trigg

  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. WOMEN'S RIGHTS VIOLATION: HONOUR KILLINGS

    Directory of Open Access Journals (Sweden)

    CRISTINA OTOVESCU FRASIE

    2011-04-01

    Full Text Available In this study I have presented the domestic violence concept and the situation regarding the observing of woman’s rights in Syria. We have also evidenced the juridical aspects regarding the honor killing directed against women after the modification of the article 548 from the Penal Code changed by the President al-Asad on July the 1st 2009. The data offered by NGOs have been of great help for the elaboration of the study as also the statistic data presented in Thara E-Magazine regarding the cities where had been done the honor killings and their number, the instrument of the murder, the age of the victim, and the motives for the murders. It must be noticed that, lately, the Government fought for the observing of the woman’s rights and promoted he gender equality by appointing women in leading positions, including the vice-president one.

  3. Land administration, planning and human rights

    DEFF Research Database (Denmark)

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

    2014-01-01

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

  4. 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.

  5. Human rights and the sexual and reproductive health of women living with HIV – a literature review

    Science.gov (United States)

    Kumar, Shubha; Gruskin, Sofia; Khosla, Rajat; Narasimhan, Manjulaa

    2015-01-01

    Introduction Even as the number of women living with HIV around the globe continues to grow, realization of their sexual and reproductive health and human rights remains compromised. The objective of this study was to review the current state of knowledge on the sexual and reproductive health and human rights of women living with HIV to assess evidence and gaps. Methods Relevant databases were searched for peer-reviewed and grey literature. Search terms included a combination of MeSH terms and keywords representing women, HIV/AIDS, ART, human rights, sexual and reproductive health. We included both qualitative and quantitative literature published in English, French, or Spanish between July 2011 and December 2014. Results and discussion The search yielded 2228 peer-reviewed articles, of which 40 met the inclusion criteria in the final review. The grey literature search yielded 2186 documents of which seven met the inclusion criteria in the final review. Of the articles and documents reviewed, not a single peer-reviewed article described the explicit implementation of rights in programming, and only two documents from the grey literature did so. With one possible exception, no articles or documents were found which addressed rights comprehensively, or addressed the majority of relevant rights (i.e. equality; non-discrimination; participation; privacy and confidentiality; informed decision making; availability, accessibility, acceptability and quality (3AQ) of services individually or in their totality; and accountability). Additional findings indicate that the language of rights is used most often to describe the apparent neglect or violation of human rights and what does exist only addresses a few rights in the context of a few areas within sexual and reproductive health. Conclusions Findings from this review suggest the need to better integrate rights into interventions, particularly with attention to provider training, service delivery, raising awareness and

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

    OpenAIRE

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-01-01

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

  7. Current Approach to Child Rights

    Directory of Open Access Journals (Sweden)

    Huseyin Dag

    2015-03-01

    Full Text Available Rights of children, legally or morally all over the world that children are born with; education, health, life, shelter; physical, psychological or sexual exploitation protection of such rights is universal concept used to describethemall. Rights of children is an issue that should be addressed in the concept of human rights. Today, there are many parts of the world that human rights violations, child-size and grew broader, more difficult to intervene in a way that is situated. The idea that children than in adults of different physical, physiological, behavioral and psychological characteristics that continuous growth and improve dawareness that the establishment of thecare of children a society where the problem is and scientific approach everyone with this responsibility should be installed is shaped in Geneva Declaration of Childrens Rights. Today, the international document related to childrens rights is the United Nations Convention on the Rights of the Child adoptedand approved by 193 countries. Child policy in Turkey where 25 million children live is an issue that should be seriously considered. Thus, childrens rights, children working in coordination with the contract on the basis of a policy should be implemented fully. [Cukurova Med J 2015; 40(1.000: 1-5

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

    Science.gov (United States)

    Freckelton, Ian; McGregor, Simon

    2014-03-01

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

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

    Directory of Open Access Journals (Sweden)

    A.L. Rheeder

    2016-09-01

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

  10. 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)

  11. Human rights and the challenges of science and technology: Commentary on Meier et al. "Translating the human right to water and sanitation into public policy reform" and Hall et al. "The human right to water: the importance of domestic and productive water rights".

    Science.gov (United States)

    Marks, Stephen P

    2014-12-01

    The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right of everyone "to enjoy the benefits of scientific progress and its applications." This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions.

  12. 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, ...

  13. Legal aspects of cancer deseases prophylactics: patients rights context.

    Science.gov (United States)

    Tatsiy, Vasyl; Gutorova, Nataliya; Pashkov, Vitalii

    of the patient, the state inaction in this area should be regarded as a violation of a human right for life. Absence of state's policy in terms of early detection of cancer brings a huge problem of human rights violation and providing the standards of fundamentally different approach of the European Union countries could become a great solution. Conclusions: Individual states do not pay sufficient attention to the need of effective public health policy. In today's world, there are objective prerequisites for changing the system of protection of patients' rights and, consequently, for changing views on health protection in general, especially in the part of functioning of diagnostic procedures system. Formation of a state policy on ensuring the rights of citizens to health and life, taking into account the various consequences of such a policy, cannot be narrowed down only to the proclamation of such rights, but also requires planning and development of relevant state programs. Failure by the state to provide the proper organization of health care through the establishment of early diagnosis for cancer patients, considering wide incidence and mortal danger of cancer in case of late diagnosis, should be considered as a violation of human rights. It also does not conform to ECHR practice in terms of provisions of Articles 2, 3 and 8 of European Convention.

  14. 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…

  15. Botswana and Swaziland: report links violations of women's rights to HIV.

    Science.gov (United States)

    Krauss, Kate

    2007-12-01

    In May 2007, Physicians for Human Rights (PHR) released a report investigating the links between discriminatory views against women in Botswana and Swaziland and sexual risk-taking and, in turn, extremely high HIV prevalence in those countries. The report also examines the role of women's lack of political and economic power in those countries, and the connection to HIV infection.

  16. An Overview of Human Rights and Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Maysa Said Bydoon

    2016-12-01

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

  17. 75 FR 75615 - Helsinki Human Rights Day, 2010

    Science.gov (United States)

    2010-12-03

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

  18. Human Rights and Democratization of the Media

    Directory of Open Access Journals (Sweden)

    Abner Barrera Rivas

    2018-03-01

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

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

    OpenAIRE

    Hutchinson, Zoé

    2010-01-01

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

  20. 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…

  1. 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.

  2. Health and human rights a South African perspective.

    Science.gov (United States)

    Naidoo, Sudeshni

    2014-01-01

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

  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. 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.

  5. Violation of human rights to combat terrorism.

    OpenAIRE

    2012-01-01

    LL.B. No one definition of terrorism has gained universal acceptance. The lack of agreement on a definition of terrorism has been a major obstacle to meaningful international countermeasures to combat terrorism. There are 12 International Conventions related to terrorism and an explicit definition is still missing. Many states have tried to define terrorism and none of these definitions has been implemented, either by the United Nations or these states. There are many International Convent...

  6. 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.

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

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga-Fajuri

    2014-03-01

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

  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. Judicial Enforcement of Economic, Social and Cultural Right

    Directory of Open Access Journals (Sweden)

    Aulona Haxhiraj

    2013-07-01

    In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

  10. Data Rights and Responsibilities: A Human Rights Perspective on Data Sharing.

    Science.gov (United States)

    Harris, Theresa L; Wyndham, Jessica M

    2015-07-01

    A human-rights-based analysis can be a useful tool for the scientific community and policy makers as they develop codes of conduct, harmonized standards, and national policies for data sharing. The human rights framework provides a shared set of values and norms across borders, defines rights and responsibilities of various actors involved in data sharing, addresses the potential harms as well as the benefits of data sharing, and offers a framework for balancing competing values. The right to enjoy the benefits of scientific progress and its applications offers a particularly helpful lens through which to view data as both a tool of scientific inquiry to which access is vital and as a product of science from which everyone should benefit. © The Author(s) 2015.

  11. 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.

  12. 75 FR 82215 - National Slavery and Human Trafficking Prevention Month, 2011

    Science.gov (United States)

    2010-12-30

    ... to fight this serious human rights violation. Human trafficking is a global travesty that takes many... deprived of the most basic right of freedom. During National Slavery and Human Trafficking Prevention Month.... There is no one type of victim--men and women, adults and children are all vulnerable. From every corner...

  13. 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.

  14. Strengthening Locus Standi in Human Rights Litigation in Zimbabwe: An analysis of the Provisions in the New Zimbabwean Constitution

    Directory of Open Access Journals (Sweden)

    Lovemore Chiduza

    2016-05-01

    Full Text Available Zimbabweans have been both victims of and witnesses to serious human rights violations over the years. Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, they have largely remained unprosecuted and unpunished. Such impunity is inter alia the result of ineffective law enforcement mechanisms and institutions as well as the lack of capacity and legal knowledge of victims to approach the courts and seek redress. These factors negatively affected the protection of human rights and access to justice in Zimbabwe. Although the Lancaster House Constitution contained a Declaration of Rights, its enforcement mechanisms, particularly those relating to locus standi (legal standing, posed a great challenge to human rights litigation in Zimbabwe. This is so because the Lancaster House Constitution adopted the traditional common law approach to standing. Under this approach it was required that an individual must have a "personal, direct or substantial interest" in a matter in order to have standing. The Lancaster House Constitution failed to recognise the importance of broader rules of standing, which would accommodate public interest litigation, specifically for protecting human rights. Contrary to this, the new Constitution of Zimbabwe (2013 broadens the rules of standing in order to enhance access to the courts. This paper analyses the new approach to standing under the new constitutional dispensation in Zimbabwe. To this end, the discussion commences with an elucidation of the concept of locus standi and its link to access to justice. This is followed by an analysis of locus standi under the Lancaster House Constitution. Since the new approach in Zimbabwe is greatly informed by the South African approach to locus standi, a brief analysis of standing in South Africa is made. The paper concludes with a discussion of the approach to locus standi under the new constitution with a view to

  15. 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…

  16. CP Violation course

    CERN Multimedia

    CERN. Geneva HR-RFA

    2006-01-01

    The lecture introduces the concepts and phenomena of matter-antimatter symmetry violation, so-called "CP" violation. The lecture is organized in four courses, the first being devoted to a historical overview and an introduction into fundamental discrete symmetries. The second course introduces the most compelling CP-violating phenomena, and presents the first experimental discovery of CP violation in the neutral kaon system. The third course discusses how CP violation is beautifully incorporated into the Standard Model of particle interactions, and how modern B-meson "factories" provide precise tests of this picture. Finally, the fourth and last course introduces CP violation and the genesis of our matter world.

  17. social work and human rights in zimbabwe

    African Journals Online (AJOL)

    Mugumbate

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

  18. Issue Definition in Rights-Based Policy Focused on the Experiences of Individuals with Disabilities: An Examination of Canadian Parliamentary Discourse

    Science.gov (United States)

    Baker, Dana Lee

    2008-01-01

    In issue definition in rights-based policy Canada stereotypically embraces a more positive, human rights-centered approach as compared with the American stereotype associated with the USA's more presumptively negative, civil rights-based tack. Since exclusionary infrastructures violate the core values of democratic governance, a failure to address…

  19. Human rights, politics, and reviews of research ethics.

    Science.gov (United States)

    Beyrer, Chris; Kass, Nancy E

    2002-07-20

    Although the human rights movement and the sphere of research ethics have overlapping principles and goals, there has been little attempt to incorporate external political and human rights contexts into research ethics codes or ethics reviews. Every element of a research ethics review--the balance of risks and benefits, the assurance of rights for individual participants, and the fair selection of research populations--can be affected by the political and human rights background in which a study is done. Research that at first seems to be low in risk may become high in risk if implemented in a country where the government might breach the confidentiality of study results or where results might be used to deport a refugee group. Researchers should determine whether research could or should be done by consulting human rights organisations and, when possible, a trusted colleague, to learn the background political context and human rights conditions of the settings in which they propose to do research.

  20. CP violating observables in e$^{-}$e$^{+}$ --> W$^{-}$W$^{+}$

    CERN Document Server

    Chang, D; Phillips, I

    1993-01-01

    We consider various integrated lepton charge-energy asymmetries and azimuthal asymmetries as tests of CP violation in the process $e^-e^+ \\to W^-W^+$. These asymmetries are sensitive to different linear combinations of the CP violating form factors in the three gauge boson $W^-W^+$ production vertex, and can distinguish dispersive and absorptive parts of the form factors. It makes use of purely hadronic and purely leptonic modes of $W$'s decays as well as the mixed modes. The techniques of using the kinematics of jets or missing momentum to construct CP--odd observables are also employed. These CP violating observables are illustrated in the generalized Left-Right Model and the Charged Higgs Model.

  1. From hadronic parity violation to electron parity-violating experiments

    International Nuclear Information System (INIS)

    Oers, Willem T.H. van

    2010-01-01

    The weak interaction is manifested in parity-violating observables. With the weak interaction extremely well known parity-violating measurements in hadronic systems can be used to deduce strong interaction effects in those systems. Parity-violating analyzing powers in electron-proton scattering have led to determining the strange quark contributions to the charge and magnetization distributions of the nucleon. Parity-violating electron-proton and electron-electron scattering can also be performed to test the predictions of the Standard Model in the 'running' of the electroweak mixing angle or sin 2 θ W .

  2. Of sweatshops and subsistence: Habermas on human rights

    OpenAIRE

    Ingram, David

    2009-01-01

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

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

    International Nuclear Information System (INIS)

    Kumar, Raj; Bharti, Mukesh

    2012-01-01

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

  4. 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.

  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. 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

  7. Human rights and health disparities for migrant workers in the UAE.

    Science.gov (United States)

    Sönmez, Sevil; Apostolopoulos, Yorghos; Tran, Diane; Rentrope, Shantyana

    2011-12-15

    Systematic violations of migrant workers' human rights and striking health disparities among these populations in the United Arab Emirates (UAE) are the norm in member countries of the Gulf Cooperation Council (GCC). Migrant laborers comprise about 90 percent of the UAE workforce and include approximately 500,000 construction workers and 450,000 domestic workers. Like many other GCC members countries, the UAE witnessed an unprecedented construction boom during the early 2000s, attracting large numbers of Western expatriates and increasing demand for cheap migrant labor. Elite Emiratis' and Western expatriates' dependence on household staff further promoted labor migration. This paper offers a summary of existing literature on migrant workers and human rights in the UAE, focusing on their impact on related health ramifications and disparities, with specific attention to construction workers, domestic workers, and trafficked women and children. Construction workers and domestic laborers are victims of debt bondage and face severe wage exploitation, and experience serious health and safety problems resulting from inhumane work and living conditions. High rates of physical, sexual, and psychological abuse impact the health of domestic workers. Through a review of available literature, including official reports, scientific papers, and media reports, the paper discusses the responsibility of employers, governments, and the global community in mitigating these problems and reveals the paucity of systematic data on the health of migrant workers in the Gulf. Copyright © 2011 Sonmez, Apostolopoulos, Tran, and Rentrope. 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.

  8. 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...

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

    NARCIS (Netherlands)

    E. Palmer (Ellie)

    2009-01-01

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

  10. Predicting judicial decisions of the European Court of Human Rights: a Natural Language Processing perspective

    Directory of Open Access Journals (Sweden)

    Nikolaos Aletras

    2016-10-01

    Full Text Available Recent advances in Natural Language Processing and Machine Learning provide us with the tools to build predictive models that can be used to unveil patterns driving judicial decisions. This can be useful, for both lawyers and judges, as an assisting tool to rapidly identify cases and extract patterns which lead to certain decisions. This paper presents the first systematic study on predicting the outcome of cases tried by the European Court of Human Rights based solely on textual content. We formulate a binary classification task where the input of our classifiers is the textual content extracted from a case and the target output is the actual judgment as to whether there has been a violation of an article of the convention of human rights. Textual information is represented using contiguous word sequences, i.e., N-grams, and topics. Our models can predict the court’s decisions with a strong accuracy (79% on average. Our empirical analysis indicates that the formal facts of a case are the most important predictive factor. This is consistent with the theory of legal realism suggesting that judicial decision-making is significantly affected by the stimulus of the facts. We also observe that the topical content of a case is another important feature in this classification task and explore this relationship further by conducting a qualitative analysis.

  11. 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....

  12. 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)

  13. Sovereignty, human rights, and international migrations

    Directory of Open Access Journals (Sweden)

    Rossana Rocha Reis

    2006-01-01

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

  14. 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.

  15. 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.

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

    OpenAIRE

    Gloria Ramirez

    2006-01-01

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

  17. 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.

  18. Chinese Human Rights Guidance on Minerals Sourcing

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2017-01-01

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

  19. 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

  20. Making a human right to tobacco control: expert and advocacy networks, framing and the right to health.

    Science.gov (United States)

    Reubi, David

    2012-01-01

    This article addresses the proliferation of human rights in international public health over the last 20 years by examining recent attempts at framing the global smoking epidemic as a human rights problem. Rather than advocating in favour or against human rights-based approaches, the article purports to understand how and why such approaches are being articulated and disseminated. First, it argues that the representation of the global smoking epidemic as a human rights issue has been the product of a small, international network of public health experts and lawyers: the human rights and tobacco control collective or community (HTC). The article describes in particular the HTC's membership, its style of thinking and its efforts to articulate and disseminate human rights-based approaches to tobacco control. Second, the article argues that the aim of the HTC when framing tobacco control as a human rights issue was not to generate public attention for and the political will to tackle the global smoking epidemic, as the literature on framing and human rights presupposes. Instead, as the article shows, the HTC framed tobacco control as a human rights problem to tap into the powerful, judicial monitoring and enforceability mechanisms that make up international human rights.

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

    Directory of Open Access Journals (Sweden)

    Josephine Gillespie

    2013-07-01

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

  2. Knowledge and exercise of human rights, and barriers and facilitators to claiming rights: a cross-sectional study of female sex workers and high-risk men who have sex with men in Andhra Pradesh, India.

    Science.gov (United States)

    Ganju, Deepika; Patel, Sangram Kishor; Prabhakar, Parimi; Adhikary, Rajatashurva

    2016-11-17

    HIV prevention interventions recognize the need to protect the rights of key populations and support them to claim their rights as a vulnerability reduction strategy. This study explores knowledge of human rights, and barriers and facilitators to claiming rights, among female sex workers (FSWs) and high-risk men who have sex with men (HR-MSM) who are beneficiaries of a community mobilization intervention in Andhra Pradesh, India. Data are drawn from a cross-sectional survey (2014) among 2400 FSWs and 1200 HR-MSM. Human rights awareness was assessed by asking respondents if they had heard of human rights (yes/no); those reporting awareness of rights were asked to spontaneously name specific rights from the following five pre-defined categories: right to health; dignity/equality; education; property; and freedom from discrimination. Respondents were classified into two groups: more knowledgeable (could identify two or more rights) and less knowledgeable (could identify one or no right). Univariate and bivariate analyses and chi-square tests were used. Data were analyzed using STATA 11.2. Overall 17% FSWs and 8% HR-MSM were not aware of their rights. Among those aware, 62% and 31% respectively were aware of just one or no right (less knowledgeable); only around half (54% vs 57%) were aware of health rights, and fewer (20% vs 16%) aware of their right to freedom from discrimination. Notably, 27% and 17% respectively had not exercised their rights. Barriers to claiming rights among FSWs and HR-MSM were neighbors (35% vs 37%), lack of knowledge (15% vs 14%), stigma (13% vs 22%) and spouse (19% FSWs). Community organizations (COs) were by far the leading facilitator in claiming rights (57% vs 72%). The study findings show that awareness of human rights is limited among FSWs and HR-MSM, and a large proportion have not claimed their rights, elevating their HIV vulnerability. For a sustained HIV response, community mobilization efforts must focus on building key populations

  3. A tool for improving the management of social and human rights risks at project sites: The Human Rights Sphere

    NARCIS (Netherlands)

    van der Ploeg, Lidewij; Vanclay, Frank

    2017-01-01

    This paper identifies and addresses the challenges of implementing the corporate responsibility to respect human rights in practice at project sites. To support on-ground operational staff, we offer the Human Rights Sphere (HRS), a practical tool we developed from empirical research in three

  4. A tool for improving the management of social and human rights risks at project sites : The Human Rights Sphere

    NARCIS (Netherlands)

    van der Ploeg, Lidewij; Vanclay, Frank

    2017-01-01

    This paper identifies and addresses the challenges of implementing the corporate responsibility to respect human rights in practice at project sites. To support on-ground operational staff, we offer the Human Rights Sphere (HRS), a practical tool we developed from empirical research in three

  5. 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.

  6. 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

  7. 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.

  8. 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.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-07-01

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

  10. 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…

  11. Extraterritorial Human Rights Obligations

    DEFF Research Database (Denmark)

    Amsinck Boie, Hans Nikolaj; Torp, Kristian

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

  12. CP violation in the standard model and beyond

    International Nuclear Information System (INIS)

    Buras, A.J.

    1984-01-01

    The present status of CP violation in the standard six quark model is reviewed and a combined analysis with B-meson decays is presented. The theoretical uncertainties in the analysis are discussed and the resulting KM weak mixing angles, the phase delta and the ratio epsilon'/epsilon are given as functions of Tsub(B), GAMMA(b -> u)/GAMMA(b -> c), msub(t) and the B parameter. For certain ranges of the values of these parameters the standard model is not capable in reproducing the experimental values for epsilon' and epsilon parameters. Anticipating possible difficulties we discuss various alternatives to the standard explanation of CP violation such as horizontal interactions, left-right symmetric models and supersymmetry. CP violation outside the kaon system is also briefly discussed. (orig.)

  13. 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 ...

  14. Oriental Culture and Human Rights Development

    African Journals Online (AJOL)

    Leon Wessels

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

  15. 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...

  16. Human rights, public health and medicinal cannabis use

    OpenAIRE

    Bone, Melissa; Seddon, Toby

    2015-01-01

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

  17. 21 CFR 7.84 - Opportunity for presentation of views before report of criminal violation.

    Science.gov (United States)

    2010-04-01

    ... report of criminal violation. 7.84 Section 7.84 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal Violations § 7.84 Opportunity for presentation of views before report of criminal violation. (a)(1) Except as provided in paragraph (a) (2) and...

  18. Gender Equality, Citizenship and Human Rights

    DEFF Research Database (Denmark)

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

  19. How culture gets embrained: Cultural differences in event-related potentials of social norm violations.

    Science.gov (United States)

    Mu, Yan; Kitayama, Shinobu; Han, Shihui; Gelfand, Michele J

    2015-12-15

    Humans are unique among all species in their ability to develop and enforce social norms, but there is wide variation in the strength of social norms across human societies. Despite this fundamental aspect of human nature, there has been surprisingly little research on how social norm violations are detected at the neurobiological level. Building on the emerging field of cultural neuroscience, we combine noninvasive electroencephalography (EEG) with a new social norm violation paradigm to examine the neural mechanisms underlying the detection of norm violations and how they vary across cultures. EEG recordings from Chinese and US participants (n = 50) showed consistent negative deflection of event-related potential around 400 ms (N400) over the central and parietal regions that served as a culture-general neural marker of detecting norm violations. The N400 at the frontal and temporal regions, however, was only observed among Chinese but not US participants, illustrating culture-specific neural substrates of the detection of norm violations. Further, the frontal N400 predicted a variety of behavioral and attitudinal measurements related to the strength of social norms that have been found at the national and state levels, including higher culture superiority and self-control but lower creativity. There were no cultural differences in the N400 induced by semantic violation, suggesting a unique cultural influence on social norm violation detection. In all, these findings provided the first evidence, to our knowledge, for the neurobiological foundations of social norm violation detection and its variation across cultures.

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

    Directory of Open Access Journals (Sweden)

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-05-01

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