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Journal articles on the topic 'Human rights dialgue'

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Published: 4 June 2021

Last updated: 18 February 2022

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1

Madalin-Catalin Blidaru. "EU’s human rights dialogues with Belarus and the developments around presidential elections." Technium Social Sciences Journal 11 (August 29, 2020): 378–90. http://dx.doi.org/10.47577/tssj.v11i1.1573.

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. The 2020 presidential elections in Belarus were characterised by widely recognised human rights violations. The European Union decided not to recognise the results after important declarations and consultations among its leaders. However, the European Union and Belarus were engaged in a structured human rights dialogue. The author discusses the links between the human rights dialogue as a foreign policy instrument and the dynamics around the 2020 presidential elections in Belarus. The hypothesis stresses that the evolution of the bilateral dialogues provides information on the developments within the relations between the European Union and Belarus. The case study, based on extensive analysis of official documents, finds additional support for the claim against the effectiveness of the human right s dialogues with third parties. Apart from a better understanding and a channel of dialogue with the country, the human rights topics recreated an environment in which it justified the return to restrictions and sanctions against individuals involved in illegitimate actions. The historical analysis of the presidential elections, particularly the climate around their organisation, the assessment of the human rights dialogues as a policy tool, and the analysis of the official dialogues on the thematic areas of concerns from the human rights dialogues support this hypothesis.

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2

Karska, Elżbieta, and Karol Karski. "Judicial Dialogue in Human Rights." International Community Law Review 21, no. 5 (November 12, 2019): 391–99. http://dx.doi.org/10.1163/18719732-12341408.

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Abstract The editors and other authors of the studies contained in this volume have chosen to focus attention on the problem of the broad concept of judicial dialogue, defined as the communication between various judicial authorities. The studies included consider the problem of institutional relations in the field of human rights protection from a national and international perspective. The issue of judicial dialogue in the field of human rights after the civil war in Rwanda is assessed. Next, the issue of the legal responsibility for placing hyperlinks in the context of the judicial dialogue between the European Court of Human Rights and the Court of Justice of the European Union in the field of protecting human rights on the internet is raised. Finally, the question of whether private or public legal entities can find direct protection under the Inter-American System of Human Rights is analysed. The academic value of the analytical considerations presented in this volume is very high and this should lead to considerable readers’ interest. This is because intellectual considerations of judicial dialogue in the field of human rights protection undoubtedly bring an interesting and significant new dimension not only to the theory but also to the practice of applying the law.

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3

Chapman, Audrey. "The Foundations of a Human Right to Health: Human Rights and Bioethics in Dialogue." Health and Human Rights 17, no. 1 (2015): 6. http://dx.doi.org/10.2307/healhumarigh.17.1.6.

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4

Adami, Rebecca. "Intersectional Dialogue - A Cosmopolitical Dialogue of Ethics." Cosmopolitan Civil Societies: An Interdisciplinary Journal 5, no. 2 (August 14, 2013): 45–62. http://dx.doi.org/10.5130/ccs.v5i2.3179.

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The article is based on a critical cosmopolitan outlook on dialogue as not aimed at reaching consensus, but rather keeping dialogue of difference open, with the ability to reach common understanding of human rights on conflicting grounds. Intersectional dialogue is used as a concept that opens up possibilities to study, in a pragmatic sense, the ‘cosmopolitan space’ in which different axles of power met in the historical drafting of human rights. By enacting analysis of United Nations (UN) documents from 1948 on the process of drafting the Universal Declaration on Human Rights (UDHR) the conceptualization of intersectional dialogue is put to work. The utopian foundation for deliberative democracy as dialogue in the absence of power and interest does not acknowledge the reality in which the human rights were negotiated and debated. The paper questions the dominant narrative of a western philosophical ground for the universality of human rights.

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Stival, Mariane Morato, Marcos André Ribeiro, and Daniel Gonçalves Mendes da Costa. "The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts." Revista Jurídica 17, no. 2 (December 4, 2017): 137. http://dx.doi.org/10.29248/2236-5788.2017v17i2.p137-149.

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This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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Žuber, Bruna, and Špela Lovšin. "Judicial dialogue in the light of Protocol no. 16 to the European convention on human rights." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 2 (2019): 899–925. http://dx.doi.org/10.30925/zpfsr.40.2.10.

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The authors discuss legal nature of the Protocol No. 16 to the European Convention on Human Rights (ECHR) which entered into force on 1 August 2018. With the aim of improving the judicial dialogue between European Court of Human Rights (ECtHR) and highest national courts, the Protocol No. 16 introduced the advisory opinion procedure at the ECtHR level. A detailed analysis of the impact of advisory opinion procedure on the judicial dialogue is included and is further supported by the reviews of cases at the ECtHR against Slovenia, Belgium and Italy, which illustrate how a possibility to request an advisory opinion could have prevented finding of a human right’s violation on the Strasbourg level and raised the effectiveness of human rights standards. The authors believe the Protocol No. 16 has brought a lot of potential for improvement of the judicial dialogue, which could lead to better understanding of ECHR standards, as interpreted by the ECtHR, and therefore prevent human rights violations already on a national level.

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7

Granik, Maria. "The Human Rights Dialogue: Foundationalism Reconsidered." Theoria 60, no. 135 (January 1, 2013): 1–22. http://dx.doi.org/10.3167/th.2013.6013501.

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8

Allen, Dominique. "Voices in the Human Rights Dialogue." Alternative Law Journal 35, no. 3 (September 2010): 159–62. http://dx.doi.org/10.1177/1037969x1003500306.

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9

Young, John. "Human Rights and the Right to Culture in China." Practicing Anthropology 24, no. 1 (January 1, 2002): 28–31. http://dx.doi.org/10.17730/praa.24.1.k39514395524n60p.

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As anthropologists we are often preoccupied with our own circumscribed studies of local communities. Only during World War II did we embrace the global dimensions and importance of cultural differences. Many Western anthropologists who have recently, and as a matter of conscience, become concerned with globalization have abandoned the concept of culture as an organizing principle, perhaps in part because they confuse cultural relativism with moral relativism, and perhaps because it is fashionable to denounce their forebears. As professionals I think we must deal with the cultural dimensions of a problem first before making moral judgements. I remain convinced that the concept of culture is a useful tool for understanding and shaping macro-level political understanding and dialogue, in somewhat the same way as Ruth Benedict and others demonstrated more than half a century ago. American policy failures in the international arena, of which the war in Afghanistan is one result, are related to arrogance (ethnocentrism) which breeds ignorance of other cultures and a lack of comparative perspective on American culture as well. Human rights is one issue where the United States is blindly pushing its own agenda to its own detriment.

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10

Arenas Meza, Miguel. "El diálogo judicial euro-latinoamericano en el tema de leyes de amnistía: un ejemplo de cross-fertilization entre tribunales de Derechos Humanos." Araucaria, no. 40 (2018): 577–604. http://dx.doi.org/10.12795/araucaria.2018.i40.24.

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11

Rustamova, L. "Human rights issues in dialogue among states." Pathways to Peace and Security, no. 1 (2019): 83–95. http://dx.doi.org/10.20542/2307-1494-2019-1-83-95.

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12

Gronowska, Bożena. "Judicial Dialogue in the Human Rights Domain." International Community Law Review 21, no. 5 (November 12, 2019): 400–408. http://dx.doi.org/10.1163/18719732-12341409.

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Abstract Judicial dialogue in the field of the protection of human rights has its own history and faces new challenges. In this article the author firstly explains the mechanism as such, and then tries to find some constructive conclusions concerning the real impact of this kind of judicial activity. All the considerations are focused mainly on the experiences of the European Court of Human Rights and its influence on the other “partners” involved in the effective protection of the rights and freedoms of individuals. Some impressive examples of the practice in this regard are exposed. Nonetheless, in the author’s opinion the visible changes of contemporary sociological conditions, mainly in Europe, have their consequences in the approach of the European courts. Being the main “creators” of human rights standards, they can influence in a tangible way the position of domestic judicial organs. In such a situation an active judicial dialogue (both in its horizontal and vertical dimensions) seems to be even more necessary.

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13

Said, Abdul Aziz, and Laura A. Barnitz. "The dialogue between peace and human rights." Peace Review 2, no. 1 (January 1990): 9–13. http://dx.doi.org/10.1080/10402659008425526.

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14

Kandela, Peter. "Dialogue between health and human rights groups." Lancet 344, no. 8928 (October 1994): 1011. http://dx.doi.org/10.1016/s0140-6736(94)91656-x.

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15

Thomasma, David C., and Erich H. Loewy. "A Dialogue on Species-Specific Rights: Humans and Animals in Bioethics." Cambridge Quarterly of Healthcare Ethics 6, no. 4 (1997): 435–44. http://dx.doi.org/10.1017/s0963180100008161.

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At the end of the most violent century in human history, it is good to take stock of our commitments to human and other life forms, as well as to examine the rights and the duties that might flow from their biological makeup. Professor Thomasma and Professor Loewy have held a long-standing dialogue on whether there are moral differences between animals and humans. This dialogue was occasioned by a presentation Thomasma made some years ago at Loewy's invitation at the University of Illinois, Peoria, Medical Center. During that presentation, Thomasma argued that human beings are sufficiently distinct from other animals genetically and otherwise to justify a moral difference in rights and obligations. In effect, he argued that there are species-specific rights. This essay will pick up the threads of that dialogue.

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16

Raworth, Kate. "Measuring Human Rights." Ethics & International Affairs 15, no. 1 (March 2001): 111–31. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00347.x.

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The language of human rights is increasingly being advocated as a framework for policy dialogue. To make this feasible, indicators must be developed that help to hold the state accountable for its policies, that help to guide and improve policy, and that are sensitive to local contexts without sacrificing the commitment to the universality of rights. Can it be done?This article examines ongoing attempts to devise indicators and argues that they are not based in a sufficiently clear conceptual framework. It argues for greater intelligibility in devising indicators concerning what they should be assessing, how to reflect the universalism of rights across different contexts, and how to weigh the conflicts of interest that characterize the public policy decision-making process.

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17

Webster, David. "Canada and bilateral human rights dialogues." Canadian Foreign Policy Journal 16, no. 3 (October 2010): 43–63. http://dx.doi.org/10.1080/11926422.2010.9687319.

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18

Pollis, Adamantia. "Towards a New Universalism; Reconstruction and Dialogue." Netherlands Quarterly of Human Rights 16, no. 1 (March 1998): 5–23. http://dx.doi.org/10.1177/092405199801600102.

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The main focus of this paper is to propose a research agenda for human rights scholars which may lead to a genuine universal notion of human rights. A brief survey of three dichotomies that characterise the human rights field is followed by a probing of the presuppositions, in particular communalism, embedded in the Western notion of individual civil and political rights and the sphere of personal autonomy in communal cultures. Such an investigation, in conjunction with a cross-cultural dialogue and massive socioeconomic changes, can lead to a reconstructed formulation of human rights which integrates elements from the diverse notions extant today. This in turn can facilitate accountability of all States to an agreed upon doctrine of human rights.

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19

Peers, Steve. "Bosphorus – European Court of Human Rights." European Constitutional Law Review 2, no. 3 (October 2006): 443–55. http://dx.doi.org/10.1017/s1574019606004433.

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The position of human rights within the European Union legal order has been an issue since the early years of the original European Economic Community. For many years, the development of human rights as general principles of Community law was characterized by dialogue and debate between the Communities' Court of Justice on the one hand, and certain national constitutional courts on the other, as regards the protection of human rights recognized in national constitutions by the Community legal order. But in recent years, there has been a parallel dialogue between the Court of Justice and the European Court of Human Rights, as regards the Community legal order's protection of the rights guaranteed by the European Convention of Human Rights (ECHR).

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20

Arguedas-Ramirez, Gabriela. "Abortion and Human Rights in Central America." Janus Head 17, no. 1 (2019): 9–43. http://dx.doi.org/10.5840/jh20191712.

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This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean failing to meet the standards of a legitimate democratic state.

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21

Ginsburg, Ruth Bader. "Affirmative Action as an International Human Rights Dialogue." Brookings Review 18, no. 1 (2000): 2. http://dx.doi.org/10.2307/20080884.

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22

Weiss, Dieter. "Human Rights and Policy Dialogue: A German Perspective." Development Policy Review 13, no. 2 (June 1995): 143–50. http://dx.doi.org/10.1111/j.1467-7679.1995.tb00087.x.

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23

Reilly, Niamh. "Cosmopolitan Feminism and Human Rights." Hypatia 22, no. 4 (2007): 180–98. http://dx.doi.org/10.1111/j.1527-2001.2007.tb01327.x.

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Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

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24

Parsa, Fariba. "Dialogue Among Civilizations: The Case of Finnish-Iranian Human Rights Experts Dialogue." Nordic Journal of Human Rights 22, no. 02 (May 24, 2004): 233–36. http://dx.doi.org/10.18261/issn1891-814x-2004-02-09.

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25

Amos, Merris. "THE DIALOGUE BETWEEN UNITED KINGDOM COURTS AND THE EUROPEAN COURT OF HUMAN RIGHTS." International and Comparative Law Quarterly 61, no. 3 (July 2012): 557–84. http://dx.doi.org/10.1017/s0020589312000206.

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AbstractIn this article the scope for dialogue between UK courts and the European Court of Human Rights is considered in theory and in practice. Having demonstrated that meaningful dialogue does take place in certain circumstances, the author considers the impact of dialogue and questions whether or not there can be any further expansion in dialogue whilst avoiding negative outcomes such as confusion over the creation of human rights norms and a loss in legitimacy for national courts adjudicating upon human rights issues.

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26

Brüning, Alfons. "Orthodox Theology in Dialogue with Human Rights: Some Considerations on Current Themes, Problems, and Perspectives." Exchange 45, no. 4 (November 22, 2016): 382–98. http://dx.doi.org/10.1163/1572543x-12341415.

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The article explores several critical themes in the dialogue between Eastern Christian theology and the concept of Human Dignity and Rights. Despite the publication of a basic document on the issue by the Russian Orthodox Church in 2008 this dialogue currently has reached a dead end. There is some agreement with the Human Rights idea, but a mainstream among Orthodox theologians remains skeptical. Critical issues are to be found in divergent understandings of human dignity, and — more or less derived from that — in emphases on either ‘freedom’ or ‘morality’ as guiding principles structuring the system of law and the public sphere. As it is argued, existing antagonisms are not necessarily unbridgeable. Attempts to overcome existing divergences in recent times have been made both within the discourse about Human Right and from the part of Orthodox theology. To make use of such possibilities would require both interdisciplinary approaches and further reflection on how to translate spiritual terms into socio-political concepts.

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Connell, Tula. "‘Labor Rights Are Human Rights’: An Interview with Maina Kiai, UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association." Journal of Working-Class Studies 2, no. 1 (June 1, 2017): 95–104. http://dx.doi.org/10.13001/jwcs.v2i1.6053.

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Although the 1948 Universal Declaration of Human Rights includes the right to freedom of peaceful assembly and association among its thirty articles, more than sixty years elapsed before working people’s rights to form unions and assemble was accorded attention by the United Nations Human Rights Council (UNHRC). The omission of worker rights’ issues reflects a global international perspective that historically has not embraced workplace rights within the larger human rights framework. The UNHRC’s appointment of a Special Rapporteur on the rights to freedom of peaceful assembly and of association in 2011 marked a noteworthy step in broadening the dialogue. Special Rapporteur Maina Kiai has strongly argued that a first step toward addressing the harsh effects of globalization on millions of workers around the world begins with the eradication of the artificial distinction between labor rights and human rights. As Special Rapporteur, Kiai has underscored the centrality of the global working class, and argued that the ability of the working class to exercise fundamental workplace rights is a prerequisite for a broad range of other rights, whether economic, social, cultural or political.

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Liddicoat, Joy. "Human Rights Mechanisms in Small Pacific States: Implications for Dialogue about Regional Human Rights Mechanisms." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 279. http://dx.doi.org/10.26686/vuwlr.v40i1.5390.

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This article draws on research conducted by the New Zealand Human Rights Commission and the Pacific Islands Forum Secretariat in regard to opportunities and challenges for national human rights mechanisms in small Pacific states. The author uses this research to highlight some of the issues and concerns in regards to the development of a regional human rights initiative. Suggestions are provided for the process to be used when engaging in dialogue regarding the implementation and development of a regional human rights mechanism.

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Hafiz, Muhammad. "DINAMIKA HUKUM DAN HAK ASASI MANUSIA DI NEGARA-NEGARA MUSLIM." Al-Ahkam 23, no. 2 (October 21, 2013): 201. http://dx.doi.org/10.21580/ahkam.2013.23.2.23.

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Muslim countries often stuck in a dilemmatic situation between be exclusively with retaining the Islamic principles of human rights through Islamic law or follow the principles of human rights which is regulated internationally through Universal Declaration of Human Rights (UDHR). The existence of Independent Permanent Commission of Human Rights (IPHRC) as one of the core institutions of organization of the Islamic Cooperation (OIC) intended to be a mediator for the occurrence of constructive dialogue between human rights discourse on one side with Islamic law on the other side. This is the way to reduce dichotomous view that impact on gaps and conflict. The equivalent dialogue continuously between two entities, Islamic law and human rights must always be attempts to open opportunities in more widely shared understanding and in turn will facilitate the achievement of progress and the protection of human rights in Muslim countries. This dialogue also important to remove the negative stigma against Islamic law that is often accused of violating human rights. and also to open space of interpretation to Islamic law that relevance with contemporary life.

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Sarlet, Gabrielle Bezerra Sales, and Adriana Dornelles Farias. "Domestic and family violence based on the novel “Purple hibiscus” and on the “Maria da Penha vs. Brazil” case." ANAMORPHOSIS - Revista Internacional de Direito e Literatura 6, no. 1 (June 28, 2020): 275–302. http://dx.doi.org/10.21119/anamps.61.275-302.

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This article is an application of the methodology Law in Literature, with bibliographic research. It develops the concept of education in Human Rights, based on the dignity of the human person, the right to non-discrimination, and the general principle of equality in law, all ideas acknowledged by the Brazilian Federal Constitution of 1988 and the current norms in the context of family and domestic violence in Brazil. It presents an interdisciplinary dialogue between the legal doctrine and the novel "Purple Hibiscus", in attempt to map the main actions applied in Brazil by the Interamerican Human Rights System in the Maria da Penha case. Thus, it is possible to establish an exchange between human and fundamental rights, through inclusion policies, information sharing and empowerment, especially regarding women and children.

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Cheruvallil-Contractor, Sariya. "The Right to be Human: How Do Muslim Women Talk about Human Rights and Religious Freedoms in Britain?" Religion & Human Rights 13, no. 1 (March 27, 2018): 49–75. http://dx.doi.org/10.1163/18710328-13011172.

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Abstract This article examines existing literature and data from qualitative fieldwork with Muslim women in Britain to analyse their narratives of human rights and freedom, as they live within plural European contexts. In scared, securitised and polarised Europe, Muslim women have become visible markers of otherness. Each Muslim woman becomes a fulcrum upon which Western values and morality are measured against the “other”, its values, its beliefs and its choices. In exploring the implications of societal othering on Muslim women’s experiences of their human rights, this article concludes that in social contexts that are polemical, becoming the other dehumanises Muslim women who thus become ineligible for “human” rights. In such contexts, a human rights-based approach alone is insufficient to achieve “dignity and fairness” in society. In addition to human rights, societies need robust and rigorous dialogue so that societal differences become part of a new mediated plural reality.

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Papaioannou, Maria. "Harmonization of International Human Rights Law through Judicial Dialogue." Cambridge Journal of International and Comparative Law 3, no. 4 (2014): 1037–59. http://dx.doi.org/10.7574/cjicl.03.04.274.

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Freeman, Michael. "Asia, Europe and human rights: From confrontation to dialogue?" Journal of the Asia Pacific Economy 4, no. 1 (January 1999): 100–122. http://dx.doi.org/10.1080/13547869908724672.

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Ahmed, Farid, and Nicholas P. Low. "Environmental justice dialogues and the struggle for human dignity in the deciduous forest of Bangladesh." Journal of Political Ecology 27, no. 1 (April 14, 2020): 300–316. http://dx.doi.org/10.2458/v27i1.22760.

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The article presents environmental justice dialogues in, and affecting, the Madhupur Garo community in Bangladesh. The Garo community, which identifies itself as adivasi meaning 'indigenous', has occupied the deciduous forest of Madhupur in Bangladesh for centuries, developing a symbiotic relationship with nature. An environmental justice movement, called the "Eco-park Movement" has long protested a government development plan to establishing an 'eco-park' in the Madhupur deciduous forest. The eco-park plan interfered with the Garo's right to life and livelihood as well as threatening them with possible eviction from their traditional land. From their protest movement, the concept of environmental justice has acquired a meaning with emphasis on human dignity. The Garo community not only defines environmental injustice as a lack of access to the decision-making process, information and the judiciary, but includes other elements: obstruction to fair access to environmental resources for livelihood, as threat to the economy, health, trade, education, security, privacy and right to life. Finally, the Garo connect all these environmental human rights issues with rights to self-determination and human dignity.Key words: Sustainable development, environmental justice, political ecology, capabilities and conflicts, human dignity, eco-park movement, right to life.

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Santos, Alberto Pereira dos. "Geografia e direitos humanos: uma reflexão em tempo de pandemia Covid-19." Revista Interdisciplinar de Direitos Humanos 8, no. 2 (November 26, 2020): 189–202. http://dx.doi.org/10.5016/ridh.v8i2.27.

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Como a Geografia contribuiu, contribui e/ou pode contribuir para os avanços (e/ou para os recuos) do processo histórico de construção de uma cultura de respeito à dignidade humana? O objetivo deste sucinto artigo é responder a essa questão, como parte da proposta deste dossiê que almeja a reflexão acerca de como cada ciência, neste caso a Geografia, dialoga com os direitos humanos, no contexto deste tempo de pandemia da Covid-19. Nosso caminho ou método principal é o diálogo teórico com alguns geógrafos/as brasileiros e internacionais, que suscitam a aproximação com aspectos da temática deste escrito. As preocupações com os direitos humanos estão dispersas na Geografia, ou em obras de diversos geógrafos. O ensino de Geografia é um dos instrumentos para a democratização dos direitos humanos em todos os níveis de escolaridade, especialmente na Educação Básica. Geography and human rights: a reflection in time of the pandemic Covid-19 How did Geography contribute, contribute and / or can contribute to the advances (and / or setbacks) of the historical process of building a culture of respect for human dignity? The purpose of this succinct article is to answer this question, as part of the proposal of this Dossier that aims to reflect on how each science, in this case Geography, dialogues with Human Rights, in the context of this time of the Covid-19 pandemic. Our main path or method is the theoretical dialogue with some Brazilian and international geographers, who bring us closer to aspects of the theme of this writing. Concerns about Human Rights are dispersed in Geography, or in the works of several geographers. The teaching of Geography is one of the instruments for the democratization of Human Rights at all levels of education, especially in Basic Education. Keywords: Geography. Human Rights. Teaching Geography. Geoethics.

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Brown, Colin, Priscila Neves-Silva, and Léo Heller. "The human right to water and sanitation: a new perspective for public policies." Ciência & Saúde Coletiva 21, no. 3 (March 2016): 661–70. http://dx.doi.org/10.1590/1413-81232015213.20142015.

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Abstract The recognition of the human right to water and sanitation (HRtWS) by the United Nations General Assembly and Human Rights Council in 2010 constituted a significant political measure whose direct consequences are still being assessed. Previous to this date, the HRtWS and its link to a healthy life and adequate standard of living had been recognised in diverse legal and judicial spheres worldwide, in some cases under the pressure of the initiatives of strong social movements. However, while the HRtWS is recognised by the UN State Members, it constitutes a concept in construction that has not been approached and interpreted in consensual ways by all concerned stakeholders. The present article presents a formal definition of this right with a base in human rights regulation. It attempts to dialogue with the different existing perspectives regarding the impact of its international recognition as a human right. It then elucidates the progressive development of the HRtWS in law and jurisprudence. Finally, it considers the urgency and challenge of monitoring the HRtWS and discusses important implications for public policies.

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Kulvmann, Jesper. "The The absence of legal recognition and its impact on the living conditions of urban Pakistani refugees in Bangkok." Journal of Southeast Asian Human Rights 1, no. 1 (October 13, 2017): 37. http://dx.doi.org/10.19184/jseahr.v1i1.5309.

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Recently, an increasing number of refugees originating from non-neighbouring countries have arrived in Bangkok seeking asylum at UNHCR. As Thailand does not recognize their refugee status and by so their human rights guaranteed in the Declarations of Human Rights, this group of people, referred to as urban refugees, remain in Bangkok illegally during the application process and until possible resettlement. This study examines how restrictions of their human rights, such as absent of fear of arrest, right to work, access to proper housing, education and health provisions, and a prolonged application process affect the physical and mental health of urban refugees. Data are gathered from semi-structured interviews of 53 Pakistani refugees and officers at organisations working with refugees. Depression and declining physical health are common complains while refugee children fail to enrol in formal education. Considering the lack of support for a human rights dialogue in the Thai society it is recommended that a more pragmatic approach, not employing a human rights narrative, is applied to promote the living conditions for urban refugees living in Bangkok.

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SANDHOLTZ, WAYNE. "The ECtHR, transregional dialogues and global constitutionalism." Global Constitutionalism 9, no. 3 (November 2020): 543–51. http://dx.doi.org/10.1017/s2045381720000118.

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AbstractIn A Cosmopolitan Legal Order, Stone Sweet and Ryan suggest that ‘from the standpoint of global law, we see that the [European Court of Human Rights] has taken its place in a pluralist, rights-based international order, as one trustee of this global order’. This article is a preliminary attempt to evaluate signs of movement toward global rights review. A multi-level charter of rights exists in the network of international and regional human rights treaties and in national constitutions. An incipient structure of global rights review exists in the form of the regional human rights courts, which see themselves as trustees of the larger global human rights system. Judicial dialogue among the regional courts allows for informal, decentralized coordination among them. The European Court of Human Rights serves as a point of reference for the African and Inter-American systems, though these also cite each other. Transregional judicial dialogue establishes a rudimentary, informal and decentralized mechanism of coordination among bodies that exercise a review function in the multi-level system of international human rights.

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Pfeifer, Geoff. "Balibar, citizenship, and the return of right populism." Philosophy & Social Criticism 46, no. 3 (June 27, 2019): 323–41. http://dx.doi.org/10.1177/0191453719860228.

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Arendt famously pointed out that only citizenship actually confers rights in the modern world. To be a citizen is to be one who has the ‘right to have rights’. Arendt’s analysis emerges out of her recognition that there is a contradiction between this way of conferring rights as tied to the nation-state system and the more philosophical and ethical conceptions of the ‘rights of man’ and notions of ‘human rights’ like those championed by thinkers such as Immanuel Kant who understands rights belonging universally to all humans as a result of facts having to do with what it means to be human. Étienne Balibar, in his recent work, adds to this by pointing out that there is a contradictory movement between this universalizing tendency in philosophical thought and the production of the citizen-subject out of the exclusionary acts of law and force. In this article, I put Balibar’s work in dialogue with the contemporary moment where we are witnessing the re-emergence of a nativist right populism. I use Balibar to help distinguish between three modes of political existence that we find today. Two of these three are more or less well understood. They are the non-citizen, who has no – or almost no – rights in a given nation-state and the citizen who enjoys the full benefit of the rights a given nation-state has to give. The third category is what I term the ‘nominal citizen’. This last category is somewhere in between full citizenship and non-citizenship. Individuals in this last category have rights in name but are largely unable to exercise them. Understanding this last category can, among other things, help us at least partially make sense of the return of right populism and also help us see the ways in which the modern category of citizenship, with its contradictions as elaborated by Balibar, can provide a means for resistance.

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Koperek, Jerzy, Adam Koperek, and Abraham Kome. "TODAY’S THREATS OF HUMAN RIGHTS IN THE CONTEXT OF PROTECTION OF THE RIGHT TO LIFE." Scientific Journal of Polonia University 29, no. 4 (June 18, 2018): 128–34. http://dx.doi.org/10.23856/2915.

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In the modern world protecting the right to life encounters various obstacles. Personalistic ethics encouraging attitudes pro vita is also taking the dialogue with contemporary philosophical and political currents, including those that do not accept the integral concept of man, but rather they are in favor of his reductionist vision, which in turn it lead to reduced ability to protect human rights, despite their proclamation as the rights of individuals. Appearing in this position „anthropological error”, it also leads to a reductionist vision of social structures such as family, society, nation or state. Moreover, such a vision of man and the world around him, it also determines the constitutional dimension of the state. Consequently, this leads to the creation and operation of various forms of democracy that instead create conditions for legal protection of the right to life from conception to natural death, legalize abortion and euthanasia. This is a serious contemporary threat to the right to life.

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Thelle, H. "Review: Bridging the Global Divide on Human Rights. A Canada- China Dialogue: Bridging the Global Divide on Human Rights. A Canada- China Dialogue." European Journal of International Law 15, no. 3 (June 1, 2004): 596–600. http://dx.doi.org/10.1093/ejil/15.3.596-a.

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Podolska, Anna. "Between Informal Dialogue and Official Criticism." International Community Law Review 21, no. 5 (November 12, 2019): 409–20. http://dx.doi.org/10.1163/18719732-12341410.

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Abstract There are various forms of jurisdictional dialogue. In addition to drawing from the case law of another court or seeking direct assistance of such another court in passing the judgment, we can notice in practice situations when by issuing a verdict the courts are communicating with each other. The rulings of the Bundesverfassungsgericht, the Court of Justice of the European Union, and the European Court of Human Rights regarding the free movement of judgments in the European Union and protection of fundamental rights are the example of such activities. Each of these bodies was interpreting separately the extent to which the mechanisms of recognising and executing the judgments may interfere with the level of protection of fundamental rights. A common conclusion concerns assigning the priority to protection of fundamental rights, while individual bodies were determining differently the standards of such protection. The analysed judgments can be construed as a communication between these bodies. Although no direct discussion takes place between these courts, this is still a form of interaction which affects the development of the case law and understanding of the boundaries of mutual recognition of judgments and protection of human rights within judicial proceedings.

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Abdelgawad, Elisabeth Lambert. "Dialogue and the Implementation of the European Court of Human Rights' Judgments." Netherlands Quarterly of Human Rights 34, no. 4 (December 2016): 340–63. http://dx.doi.org/10.1177/016934411603400405.

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Due to the intergovernmental and confidential regime set up by the European Convention on Human Rights in view of supervising the execution of the judgments of the European Court of Human Rights, this field was for many years little suited to dialogue. However, a culture of dialogue has gradually emerged at the European and national levels in order to offer more transparency and legitimacy to the system; the ambitious gamble was that it would speed up and improve the compliance with the judgments of the Court. The current picture still seems to be diversified, with more bilateral and expert dialogue focused on the most serious cases at European level. Meanwhile, a strategy for a more open and constructive dialogue with a very large panel of actors seems to be promoted in some countries. Has dialogue provided a relevant laboratory model to improve good governance and compliance with the judgments of the Court? This article reviews the impact of this new practice. The author concludes that there remains large room for improvement.

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Farget, Doris. "Words that Fly Back and Forth Between Two Mutually Oblivious Worlds: What is the Legal Meaning of an “Indigenous Way of Life”?" Canadian Journal of Law & Jurisprudence 27, no. 1 (January 2014): 239–58. http://dx.doi.org/10.1017/s0841820900006329.

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This article highlights the trajectory of indigenous peoples’ territorial claims when they appear before certain international and regional authorities that protect human rights. It demonstrates that the right of indigenous peoples to have their ways of life respected is a misguided and hollow response to their claims, at best approximate and ambiguous. However, the right to communal property of ancestral lands and essential resources entrenched by international courts, even if it directly echoes back to indigenous claims, is formulated in a specific language and vocabulary and according to categories defined by the dominant society. As a consequence, rights derived from this process are confined to an intrastate pluralism, since they are shaped by sources of law defined by member states that have signed regional charters and conventions protecting human rights. In the absence of a reciprocal intercultural dialogue that would facilitate a mutual circulation of ideas in the language and based on the beliefs held by indigenous and non-indigenous peoples – the only real tool for effective decolonization – the initial hypothesis, that the communal right to ownership facilitates the decolonization process, is partially invalidated.

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Camilleri, Joseph A. "Regional human rights dialogue in Asia pacific: Prospects and proposals*." Pacifica Review: Peace, Security & Global Change 10, no. 3 (October 1998): 167–85. http://dx.doi.org/10.1080/14781159808412859.

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Buchwalter, Andrew. "Reframing the intercultural dialogue on human rights: A philosophical approach." Contemporary Political Theory 16, no. 1 (February 2017): 176–80. http://dx.doi.org/10.1057/cpt.2015.73.

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Hrubec, Marek. "The Global Struggle for Human Rights: A Dialogue among Cultures." Perspectives on Global Development and Technology 9, no. 1-2 (2010): 39–60. http://dx.doi.org/10.1163/156914910x487906.

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Winston, Morton Emanuel. "Social Dialogue and the Legitimation of Corporate Human Rights Policies." Nordic Journal of Human Rights 25, no. 04 (April 28, 2008): 399–419. http://dx.doi.org/10.18261/issn1891-814x-2007-04-04.

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Crawford, Christopher. "Dialogue and Rights-Compatible Interpretations under Section 3 of the Human Rights Act 1998." King's Law Journal 25, no. 1 (April 15, 2014): 34–59. http://dx.doi.org/10.5235/09615768.25.1.34.

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Marouf, Fatma E., and Deborah Anker. "Socioeconomic Rights and Refugee Status: Deepening the Dialogue Between Human Rights and Refugee Law." American Journal of International Law 103, no. 4 (October 2009): 784–96. http://dx.doi.org/10.1017/s0002930000160038.

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