Journal articles on the topic 'Human rights issue'

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1

SIEGEL, Lukáš. "The restrictions of human rights – COVID-19 pandemic and ethical issue." Scientific Papers of Silesian University of Technology. Organization and Management Series 2021, no. 154 (2021): 281–89. http://dx.doi.org/10.29119/1641-3466.2021.154.21.

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Purpose: The purpose of this article is to analyze some of the most significant ethical and human rights impacts of the COVID-19 pandemic. The analysis aims to demonstrate the failures of many political decision that lead to restriction and limitation of human rights. Design/methodology/approach: We analyze various documents, reports and news articles that provide essential information about the different governmental restrictions that may lead to controversial human rights issues. We also use some philosophical texts to support our theoretical basis for the defence of human rights. Overall, we aim to find some of the groups that were vulnerable during COVID-19 pandemic and describe some of the human rights concerns and ethical issues. Social implications: We hope that our article will impact political regulations and restrictions that can have severe human rights implications. We also hope to inspire citizens, scientists and politicians to uphold and protect human rights and dignity during COVID-19 pandemic. Findings: In our article, we have found that many countries had problems with creating rules, restriction and regulations that are upholding and protecting human rights or did not have ethical implications. We have also found that many vulnerable groups were disadvantaged because regulations did not take into account their precarious position. Originality/value: We have analyzed the ongoing ethical and human rights problems with the COVID-19 pandemic because we believe that they present some of the most fundamental challenges to our society. Our analysis tries to demonstrate some of the most fundamental human rights issues and proposes to address these issues to avoid any future failures.
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Trias Trueta, K. "A human rights issue." International Medical Review on Down Syndrome 17, no. 2 (May 2013): 17. http://dx.doi.org/10.1016/s2171-9748(13)70034-5.

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Park, Baekkwan, Amanda Murdie, and David R. Davis. "The (co)evolution of human rights advocacy: Understanding human rights issue emergence over time." Cooperation and Conflict 54, no. 3 (November 9, 2018): 313–34. http://dx.doi.org/10.1177/0010836718808315.

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How does the discussion of human rights issues change over time? Without advocates adopting a human rights issue in the first place, international ‘shaming’ cannot occur. In this article, we examine how human rights discussions converge and diverge around new frames and new issues over time. Human rights norms do not evolve alone; their prevalence, framing, and focus are all dependent on how they relate to other norms in the advocacy community. Drawing on over 30,000 documents from dozens of human rights organizations from 1990 to 2011, we provide a temporal overview and visualization of the ebb and flow of human rights issues. Using our new dataset and state-of-the-art methods from computer science, our approach allows us to quantitatively examine (a) how new issues emerge in the advocacy network, (b) the relationship of these new issues to extant human rights advocacy and information, and (c) how the framing and specificity of these issues change over time. By focusing on the process by which a new issue gets incorporated into the work of advocates, we provide an empirical assessment of the first step in the causal process connecting shaming to improvement in human rights practices.
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Waddington, Lisa. "Disability: A Human Rights Issue." Maastricht Journal of European and Comparative Law 1, no. 4 (December 1994): 334–36. http://dx.doi.org/10.1177/1023263x9400100401.

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Lee, Clark J. "Sleep: a human rights issue." Sleep Health 2, no. 1 (March 2016): 6–7. http://dx.doi.org/10.1016/j.sleh.2015.12.007.

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Truffer, Daniela. "It’s a Human Rights Issue!" Narrative Inquiry in Bioethics 5, no. 2 (2015): 111–14. http://dx.doi.org/10.1353/nib.2015.0037.

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7

Kent, George. "Breastfeeding: A human rights issue?" Development 44, no. 2 (June 2001): 93–98. http://dx.doi.org/10.1057/palgrave.development.1110244.

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8

Maharry, James M. "The issue of animal rights and human rights." American Journal of Obstetrics and Gynecology 164, no. 6 (June 1991): 1543–48. http://dx.doi.org/10.1016/0002-9378(91)91434-x.

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9

Heller, Fredericka. "The issue of animal rights and human rights." American Journal of Obstetrics and Gynecology 166, no. 5 (May 1992): 1588–89. http://dx.doi.org/10.1016/0002-9378(92)91639-r.

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10

Farahat, Anuscheh, and Ingrid Leijten. "Human rights overreach?" Netherlands Quarterly of Human Rights 40, no. 2 (May 24, 2022): 83–97. http://dx.doi.org/10.1177/09240519221099814.

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Current and future challenges are in need of an effective human rights response. In ensuring this, the question can be asked whether there is such a thing as human rights overreach, and if so, what must be done about it. This contribution deals with this question by, first, outlining various forms of human rights proliferation. For example, proliferation can take the shape of expanding the scope of rights or inventing new human rights. It then illuminates several lines of criticism that can be found in the literature. These concern issues of legalisation and of judicialisation, as well as the indeterminacy of rights. The articles that together form this Special Issue deal with aspects of proliferation and (potential) overreach from different and original angles. After introducing these, it is concluded that the overreach question is even more complex than it seems and requires careful consideration if we want to make human rights more effective and more resilient.
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11

Mitchell, Neil, Rhoda E. Howard, and Jack Donnelly. "Liberalism, Human Rights, and Human Dignity." American Political Science Review 81, no. 3 (September 1987): 921–27. http://dx.doi.org/10.2307/1962683.

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Do international standards regarding human rights require the existence of a liberal regime? This was the thrust of Rhoda Howard and Jack Donnelly's essay in the September 1986 issue of this Review. Neil Mitchell takes vigorous issue with this contention, arguing first and foremost that Howard and Donnelly have not defined liberalism satisfactorily. Howard and Donnelly present a spirited rejoinder.
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Makatini, Linda. "Abortion as a Human Rights Issue." Agenda, no. 17 (1993): 18. http://dx.doi.org/10.2307/4065515.

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13

SHELLEY, LOUISE I. "Human Rights as an International Issue." ANNALS of the American Academy of Political and Social Science 506, no. 1 (November 1989): 42–56. http://dx.doi.org/10.1177/0002716289506001005.

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14

Greaves, T. "Human Rights: An Issue Among Anthropologists." Science 282, no. 5392 (November 13, 1998): 1265d—1265. http://dx.doi.org/10.1126/science.282.5392.1265d.

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15

Callister, Lynn Clark. "A Compelling Human Rights Ethical Issue." MCN, The American Journal of Maternal/Child Nursing 36, no. 3 (May 2011): 203. http://dx.doi.org/10.1097/nmc.0b013e31820fb50e.

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16

Croxatto, Horacio B., and Soledad Díaz Fernández. "Emergency contraception – a human rights issue." Best Practice & Research Clinical Obstetrics & Gynaecology 20, no. 3 (June 2006): 311–22. http://dx.doi.org/10.1016/j.bpobgyn.2005.11.003.

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17

Bogart, W. A. "Is Obesity a Human Rights Issue?" Canadian Journal of Diabetes 39 (April 2015): S1. http://dx.doi.org/10.1016/j.jcjd.2015.01.009.

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Suh, Bo-hyuk. "Division System and Human Rights Issue: Reframing North Korean Human Rights Discussion." Journal of the Humanities for Unification 61 (March 31, 2015): 471. http://dx.doi.org/10.21185/jhu.2015.03.61.471.

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19

Carriere, Kevin R. "Threats to human rights: A general review." Journal of Social and Political Psychology 7, no. 1 (February 8, 2019): 08–32. http://dx.doi.org/10.5964/jspp.v7i1.897.

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It has been seventy years since signing the Declaration of Human Rights, yet human right violations are still happening across the globe. This review asks the question – what is the impact of perceived threat on changing support for human rights into support for not-all-humans’ rights? In approaching human rights violations with a four-level model – institutions, cultures, groups, and individuals –, issues of capabilities, historical emotions, connectedness, and personality emerge. At the heart of these is the impact perceived threat has at each level within each issue. Limitations of current work, disagreements across the literature, and future directions are discussed.
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Mujahid, Ahmad. "Pandangan Mufasir Indonesia Terhadap Isu-Isu Hak Asasi Manusia." MUTAWATIR 9, no. 2 (September 4, 2019): 193–213. http://dx.doi.org/10.15642/mutawatir.2019.9.2.193-213.

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This article argues that the attitude of Indonesian mufassir is not always parallel in respond to the concept of Human Rights. This is shown from our discussion of three contextual issues in human rights: freedom of religion, freedom to find a mate, and death sentence, which are exemplified by comparing to the three Indonesian mufassir: Hamka’s Tafsir al-Azhar, Hasbi ash-Shiddieqy’s Tafsir al-Nur and Tafsir al-Bayan, and Quraish Shihab’s Tafsir Al-Mishbah. The article concludes: First, in respond to the human rights issues, Indonesian commentators tend to be responsive. All three exegetes denied those who claimed that Islam was spread with violence and those who opposed the death penalty. Second, on the relationship between human rights and Islam, the commentators have similarities and differences with human rights. Among these similarities, for example, is the issue of religious freedom. As for the issue of freedom to choose a mate and a death sentence, they are taking a different position from human rights. On the issue of death penalty, the commentators emphasize to not only looking from the side of the killer, but also from the right of the murder.
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21

Malek, Md Abdul, and Muhammad Abdur Razzak. "Rights of the elderly: an emerging human rights discourse." International Journal of Law and Management 59, no. 2 (March 13, 2017): 284–302. http://dx.doi.org/10.1108/ijlma-03-2016-0036.

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Purpose This paper aims to demonstrate the specialty of the elderly issues and acknowledge the existence of their specific human rights that propose for a special treatment to be given or shown to them as priority as women or children, etc. Indubitably, the very issue is timely in all perspective. Because it is now axiomatic that the fastest growing elderly population becomes a challenge for the whole world for manifold reasons. They include, inter alia, the lack of a social security apparatus or if any, they are insufficient; the weakening of traditional family bonding; almost no explicit references to elderly people in existing international human right laws; and mere stand-by of soft law addressing the rights of the elderly over time. Consequently, these all have probably failed to meet the most urgent needs of this growing demographic. Design/methodology/approach This paper is an effort made to recognize the “particular vulnerability” of the older persons and with identification of “specific rights”, advocate for special treatment for them and, optimally, the realization of their rights with respect. Findings In addition, this treatise attempts to focus on the nature and constitutional importance of elderly rights with the aim of providing the elderly with social security and prioritization; and more particularly, scrutiny of the impending and timely imperative for formulation of new legal instrument so as to adequately address the issue globally.
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22

Donnelly, Jack. "International human rights: a regime analysis." International Organization 40, no. 3 (1986): 599–642. http://dx.doi.org/10.1017/s0020818300027296.

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After laying out a typology of international regimes, eight international and regional human rights regimes are analyzed in order to (1) examine the utility of regime analysis in noneconomic issue-areas, and (2) assess the nature, extent, and evolution of international cooperation on human rights. There has been a remarkable growth of international action since 1945, when human rights were not even widely accepted as a legitimate issue-area. This growth can be explained largely by expanding perceptions of moral interdependence and community, increased national commitment, the growing ideological appeal of human rights, and changes in the distributions of international power. These same factors, however, suggest only limited future growth. On a broader theoretical plane, the case of human rights suggests a significant, if limited and principally heuristic, utility for regime analysis, especially to the extent that international relations is becoming increasingly concerned with specific issues.
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23

Ham, Leigh. "Human Rights In Childbearing 1. Basic Human Rights And Their Application In Childbearing." Practising midwife 25, no. 08 (September 1, 2022): 14–17. http://dx.doi.org/10.55975/ekqn7825.

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In this article, I give an overview of the basics of human rights law and how they apply to the United Kingdom. The application of this legislation is then considered from the perspective of childbearing, exploring key rights that may arise in daily practice. The article concludes by considering the issue of human rights in the current context of maternity care, acknowledging that the complexity of this issue goes beyond simply understanding the legal frameworks midwives have a legal duty to adhere to. This is the first article in an 11-part series.
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24

Na, Hye Young, and Sang Il Ryu. "The Critical Review of the Discourse of North Korean Human Rights and International Anti-corruption: Focused on the Paradox of Human Rights and Sovereignty." Crisis and Emergency Management: Theory and Praxis 12, no. 8 (August 31, 2022): 29–38. http://dx.doi.org/10.14251/jscm.2022.8.29.

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The corruption scandal of North Korea has seen by UN reports said the food and humanitarian aid being diverted to corrupt bureaucrat, whereby requesting to open an investigation. Given int'l inquiry, North Korea has responded by the paradox of human rights and sovereignty, which reflected human security and the principle of nonintervention. That is not, however, only North Korea's assertion in which some way analogous to a long-standing claim of the third world : the issue of North and South, and imperialism versus anti-colonialism. From the sense, the analysis has focused the normative issue of human rights and state sovereignty, and has explored the sphere of the notion in which North Korea engaged the Third World enquiring the justice of the core in line with anti-corruption regime's evolvement. Secondly, it evolved to show what attributes the paradoxical logic to North Korean regime's highly rigid political sense, namely sovereign priority.
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25

Lim, Hoe. "Trade and Human Rights What’s at Issue?" Journal of World Trade 35, Issue 2 (April 1, 2001): 275–300. http://dx.doi.org/10.54648/338376.

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26

Alleyne, George A. O. "Health and Human Rights: The Equity Issue." Health and Human Rights 2, no. 3 (1997): 65. http://dx.doi.org/10.2307/4065155.

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Zyberi, Gentian, Johan Karlsson Schaffer, Carola Lingaas, and Eduardo Sánchez Madrigal. "Special Issue: The Future of Human Rights." Nordic Journal of Human Rights 40, no. 1 (January 2, 2022): 1–12. http://dx.doi.org/10.1080/18918131.2022.2082011.

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28

Thomas, Dorothy Q., and Michele E. Beasley. "Domestic Violence as a Human Rights Issue." Human Rights Quarterly 15, no. 1 (February 1993): 36. http://dx.doi.org/10.2307/762650.

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Albisa, C. "Welfare reform as a human rights issue." American Journal of Public Health 89, no. 10 (October 1999): 1476–78. http://dx.doi.org/10.2105/ajph.89.10.1476.

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Joel, Lucille A. "Women's Health as A Human Rights Issue." American Journal of Nursing 97, no. 4 (April 1997): 7. http://dx.doi.org/10.1097/00000446-199704000-00002.

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31

Gibney, Mark, and Peter Haschke. "Special Issue on Quantitative Human Rights Measures." Journal of Human Rights 19, no. 1 (January 1, 2020): 1–2. http://dx.doi.org/10.1080/14754835.2019.1684883.

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32

Rossnagel, Alexander. "The plutonium issue: Terrorism vs human rights." International Journal of Human Rights 1, no. 3 (September 1997): 1–18. http://dx.doi.org/10.1080/13642989708406673.

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Aerts, Ann. "Leprosy: the world’s oldest human-rights issue." Nature 567, no. 7746 (March 2019): 30. http://dx.doi.org/10.1038/d41586-019-00740-7.

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Conaghan, Joanne, and Susan Millns. "Special Issue: Gender, Sexuality and Human Rights." Feminist Legal Studies 13, no. 1 (January 2005): 1–14. http://dx.doi.org/10.1007/s10691-004-1453-y.

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35

Cole, Thomas B., and Annette Flanagin. "Theme Issue on Violence and Human Rights." JAMA 292, no. 24 (December 22, 2004): 3030. http://dx.doi.org/10.1001/jama.292.24.3030.

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Akabayashi, Akira. "Female circumcision—A health issue or a human rights issue?" Health Care Analysis 6, no. 1 (March 1998): 55–58. http://dx.doi.org/10.1007/bf02678082.

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Lephard, Elizabeth. "Human Rights In Childbearing 5. Protecting Human Rights In Intrapartum Care." Practising midwife 26, no. 01 (January 1, 2023): 14–17. http://dx.doi.org/10.55975/ymnt2253.

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Human rights in the UK are upheld by the Human Rights Act, which ‘compels public organisations to treat everyone equally, with fairness, dignity and respect’.1 As midwives in the UK we practise according to the Nursing and Midwifery Code, which enshrines the concept of human rights at the heart of midwifery. However we must be honest in recognising that these basic rights are not always upheld in our workplaces; an issue that can arguably be linked to the significant strains on maternity services. This article explores practical ways in which we can protect human rights in intrapartum care.
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Markovich, Stephanie. "Balancing State Sovereignty and Human Rights." Potentia: Journal of International Affairs 1 (October 1, 2009): 57–74. http://dx.doi.org/10.18192/potentia.v1i1.4368.

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To what extent are state officials held accountable for their actions? This essay will examine a specific aspect of this question, namely whether there is an exception to the general rule that the Head of State, Head of Government and Foreign Minister are immune from prosecution in another country’s national courts for serious international crimes. It will begin with a brief review of the relevant treaty provisions relating to immunity of state officials. Second, it will examine some pre-Arrest Warrant case law specifically on the issue of potential exceptions to the immunity rule for state officials. Third, it will review the Arrest Warrant Case, an ICJ decision that halted this trend and discuss some of the issues left unresolved by the decision. Fourth, it will review the ICJ’s discussion of immunity post-Arrest Warrant in Djibouti v. France. Finally, it will explore the concept of jus cogens and whether this could help reconcile the competing interests (state sovereignty and accountability for serious international crimes) at play in this issue. This essay will conclude that while the jus cogens nature of serious international crimes does not equate to an automatic carte blanche for removing immunity, it does strongly support the developing norm of limited exceptions to the general rule of immunity.
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Brabeck, Mary M., and Lauren Rogers. "Human Rights as a Moral Issue: Lessons for moral educators from human rights work." Journal of Moral Education 29, no. 2 (June 1, 2000): 167–82. http://dx.doi.org/10.1080/713679341.

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Ravnbøl, Camilla Ida. "The Human Rights of Minority Women: Romani Women's Rights from a Perspective on International Human Rights Law and Politics." International Journal on Minority and Group Rights 17, no. 1 (2010): 1–45. http://dx.doi.org/10.1163/157181110x12595859744123.

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AbstractThis article explores the complexities surrounding the human rights of minority women. With analytical focus on Romani women in Europe it seeks to contribute with new insight into the grey areas of rights issues, where groups within special rights categories share different human rights concerns, by being both women and members of a minority group. Through an investigation of how contemporary human rights law and politics serve to address the concerns of Romani women, it sheds light on the challenges that the Romani women's issue presents to the international human rights framework. 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” is re-introduced as a concept to frame such new approaches to the human rights of Romani women. The article is a summary version of the thesis “The Human Rights of Minority Women: Challenging International Discourses with the Case of Romani Women”, for which the author was awarded the Martin Alexanderson Research Scholarship, administered by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Lund, Sweden. This summary version brings forward the main arguments of the thesis which was an awarded EMA thesis 2006–2007 of the European University Institute in Venice. For this reason it does not present any new findings or data after 2007 but merely summarises the main chapters of the thesis. The thesis investigated the complexities surrounding Romani women's human rights at UN and European level. Thus, national systems and the regional systems in the Americas and Africa are excluded. The empirical data comes primarily from the European region.
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Leijten, Ingrid, and Kaisa de Bel. "Facing financialization in the housing sector: A human right to adequate housing for all." Netherlands Quarterly of Human Rights 38, no. 2 (June 2020): 94–114. http://dx.doi.org/10.1177/0924051920923855.

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Housing is increasingly seen as a vehicle for wealth accumulation rather than a social good. ‘Financialization’ of housing refers to the expanding and dominant role of financial markets and corporations in the field of housing, leading to unaffordable and insufficient housing and discrimination. Although clearly linked to the right to adequate housing, financialization and its effects are not often viewed from a human rights perspective. This article fleshes out this important link by illuminating the standards set in relation to the right to adequate housing enshrined in Article 11(1) ICESCR. It is shown that recently, human rights bodies have confronted the issue of financialization more directly, translating general requirements to this particular issue. Moreover, efforts at UN level are mirrored in initiatives at the local level, signalling the beginning of a shift towards a paradigm that complies with human rights. The financialization of housing and the response of human rights also allow for addressing a more general issue, namely the potential of majority protection in times of human rights backlash. In this regard, it is worth emphasising that human rights such as the right to adequate housing protect not only the extreme poor. In the context of financialization, this may contribute to better housing conditions as well as reconnect people to their human rights.
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Leijten, Ingrid. "Human rights v. Insufficient climate action: The Urgenda case." Netherlands Quarterly of Human Rights 37, no. 2 (April 24, 2019): 112–18. http://dx.doi.org/10.1177/0924051919844375.

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Climate change is a human rights issue, but what exactly can courts require States to do in this regard? This contribution discusses the Dutch Urgenda case, in which the Court of Appeals recently found a violation of Articles 2 (right to life) and 8 (right to respect for private and family life) of the European Convention on Human Rights and ordered the State to reduce greenhouse gas emissions by 25% by 2020. Looking at the case law of the European Court of Human Rights on environmental issues, as well as the nature of positive obligations, it appears that Urgenda involves a more abstract situation and a more precise positive obligation than is usually the case in human rights adjudication. Because ex post facto complaints are no solution, and in light of the growing number of Urgenda-like cases pending before (international) courts, efforts need to be made to ensure that human rights `fit' climate change cases and courts can provide effective protection in this regard.
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Sofi, Mohammad Dawood. "Reading Rashid Al-Ghannushi’s Debate on Human Rights." Australian Journal of Islamic Studies 3, no. 1 (June 10, 2018): 45–62. http://dx.doi.org/10.55831/ajis.v3i1.75.

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Human rights, a hotly debated issue in the 1970s Muslim world, engaged diverse groups like governments, political activists, civil society members, intellectuals, thinkers and even common people. Though not a novel development, the phenomenon represented renewed interest by individuals and groups regarding many issues, including democracy and secularism. Shaykh Rāshid al-Ghannūshi ̇̄ – the ‘most adroit and flexible’ Tunisian Islamic reformist leader and primary ideologue of Ḥizb al-Nahḍah – is a prominent voice who discussed widely the issue of human rights. In this regard, his famous book al-Ḥurri ̇̄yyāt al-‘Ᾱmah fi ̇̄ al-Dawlah al-Islāmiyyah represents a core strand of his thought. In the contemporary era, Ghannūshi ̇̄, through his prolific writing and appealing intellectual discourse, especially on the issues of Islam–West relations, democracy, pluralism and human rights, engages the minds of intellectuals globally. Considering the global importance of this religio-political thinker, the current study, while exploring how the concept of human rights emerged in the West, will examine and explore objectively Ghannūshi ̇̄’s views on human rights. Moreover, this article will focus on understanding his vision about hotly debated issues such as apostasy, freedom in Islam and the West, and the rights of women.
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Chebotareva, Irina, Olesia Pashutina, and Irina Revina. "Human Rights Waiver in Criminal Proceedings in Terms of the European Court of Human Rights: ‘Russian Cases’." Journal of Advanced Research in Social Sciences 3, no. 4 (December 30, 2020): 50–58. http://dx.doi.org/10.33422/jarss.v3i4.535.

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The article investigates the general position of the European Court of Human Rights on the admissibility and validity of the waiver of rights, the features of the European mechanism for protecting human rights in case of the waiver of the right; studies the case-law practices in criminal cases of the Court in relation to Russia where the Court considered the presence/absence of the waiver of the right. The practice of the ECHR reveals the widespread occurrence of human rights violations in the Russian criminal proceedings with the alleged waiver of the right in the framework of criminal procedure. These includes the situations when the Government claimed that the Applicant had waived his/her right and the Applicant did not agree with this fact and insisted that he had been deprived of the opportunity to exercise his/her right. According to the ECHR, violations of human rights established in the Convention are related not only to shortcomings in the legal system but also to improper law enforcement that does not comply with the Convention requirements. Based on the analysis of the ECHR’s general approaches to the waiver of the right, the authors revealed the compliance of the Russian criminal procedure with the requirements of the Court to the waiver of the right and the guarantees established for it. To achieve the objectives in the HUDOC database of the European Court, using search requests we identified cases against Russia considered by the Chamber and the Grand Chamber, in which the ECHR examined the issue of the presence/absence of the waiver of the right in the criminal procedure. As a result, 40 judgments in which the Court directly considered the issue of the presence/absence of the waiver of the right in the criminal procedure in Russia were selected. We studied and analysed the selected judgments.
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Ukropina, Dejan. "Refugees and human rights." Glasnik Advokatske komore Vojvodine 68, no. 9 (1996): 185–90. http://dx.doi.org/10.5937/gakv9605185u.

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The major cause of migrations of refugees and internally displaced persons is violation of human rights in -their country of origin. Organized protection of refugees started in 1951. when the UNHCR was founded. Since then many international and regional legal instruments for their protection were established. The problem of refugees and internally displaced persons is global and multidimensional, and the solution have to be comprehensive and to adress all aspects of the issue. One of the best solutions is voluntary repatriation.
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46

Chervyakov, M. E., and V. S. Litvinova. "On the issue of human rights classification: theory and practice issues." Аграрное и земельное право, no. 9 (2021): 27–30. http://dx.doi.org/10.47643/1815-1329_2021_9_27.

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47

Kulick, Andreas. "Corporate Human Rights?" European Journal of International Law 32, no. 2 (May 1, 2021): 537–70. http://dx.doi.org/10.1093/ejil/chab040.

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Abstract Do corporations have human rights? This article addresses, to date, a rather understudied issue of the corporations and human rights debate: whether and to what extent corporations can be bearers of human rights, with a focus on the European Convention on Human Rights and the European Court of Human Rights (ECtHR) jurisprudence. In a nutshell, it argues that what subsequently will be called ‘the individualistic approach’ – that is, purporting that the corporate form itself cannot be bearer of human rights – counter-intuitively leads to almost unfettered human rights entitlements of corporations. Thereby, this article provides a critique of both established corporate law thinking as well as the dominant view in human rights scholarship. Instead, it is submitted that taking the corporate form seriously and granting it some entitlements to some extent under a functionalist theory emerges as the preferable approach – theoretically, doctrinally and practically. The article draws on ECtHR jurisprudence, general legal as well as corporate law theory and comparative constitutional law in order to corroborate its argument.
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48

Evans, Tony. "Human rights: a reply to Geoffrey Best." Review of International Studies 17, no. 1 (January 1991): 87–94. http://dx.doi.org/10.1017/s0260210500112331.

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Geoffrey Best's article ‘Whatever Happened to Human Rights9 in the January 1990 issue of the Review touches upon many important questions which are well known to human rights scholars. These include such political, legal and philosophical difficulties as defining the concept of self-determination, the prospects for implementing certain economic and social rights and the role of international law in improving human right standards. By examining the work of René Cassin in his role as a member of the Commission for Human Rights during the early years of the United Nations, Best points to these difficulties while attempting to achieve two further objectives. The first is to provide an appreciation of Cassin's personal qualities, and the second, to demonstrate that had Cassin's views been more closely adhered to human rights would in some way be healthier today. Although Best's article is the edited text of a lecture, and is consequently not the tightly argued piece we might expect from a more considered paper prepared especially for publication, several of his claims are either questionable or mistaken.
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49

Duhaime, Bernard. "Women's Rights in Recent Inter-American Human Rights Jurisprudence." Proceedings of the ASIL Annual Meeting 111 (2017): 258–60. http://dx.doi.org/10.1017/amp.2017.38.

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While certain aspects of women's rights had been addressed in earlier OAS instruments and more generally in the American Declaration on the Rights and Duties of Man and in the American Convention on Human Rights, many consider that the issue of women's rights was first incorporated in the normative corpus of the Inter-American Human Rights System (IAHRS) with the 1994 adoption of the Belém do Pará Convention on the Prevention, Punishment, and Eradication of Violence Against Women. This treaty obliges states to prevent, punish, and eradicate violence against women, taking special account of vulnerabilities due to race, ethnic background, migrant status, age, pregnancy, socioeconomic situation, etc. It defines the concept of violence against women and forces states to ensure that women live free of violence in the public and private sphere. It also grants the Commission and the Court the ability to process individual complaints regarding alleged violations of the treaty. Since 1994, the Commission has also established a Rapporteurship on the rights of women, which assists the IACHR in its thematic or country reports and visits, as well as in the processing of women's rights–related petitions. In recent years, the jurisprudence of the Commission and the Court has addressed several fundamental issues related to women's rights, in particular regarding violence against women, women's right to equality, and reproductive health.
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50

IZA, DANIELA GONZÁLEZ. "HUMAN RIGHTS IN THE DIGITAL ERA: CHALLENGES AND OPPORTUNITIES FROM THE UNITED NATIONS HUMAN RIGHTS SYSTEM." MALIM: JURNAL PENGAJIAN UMUM ASIA TENGGARA (SEA JOURNAL OF GENERAL STUDIES) 22, no. 1 (November 20, 2021): 1–13. http://dx.doi.org/10.17576/malim-2021-2201-01.

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One of the most important changes in our era is the ones promoted by the digital technology, which has meant a challenge in the promotion of human rights. Not only do we talk about the vulnerability to privacy, but also the possible biases of algorithms and other risks that represent potential violations to human rights. International organizations, such as the United Nations, have taken this issue in their hands, although the lack of development of norms regarding digital technology and human rights. The main objective of this paper is to analyze the way the non-conventional and conventional mechanisms of the United Nations Human Rights System have treated this issue. Through a document review, some actions and interpretations made by these will be analyzed, in order to determine some opportunities and challenges in the way the United Nations has approached to this issue. Keywords: United Nations; Human rights; Digital technology
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