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1
Arif, Sardar M. A. Waqar Khan. "Economic, social and cultural rights of women." International Journal of Law and Management 61, no. 1 (February 11, 2019): 191–204. http://dx.doi.org/10.1108/ijlma-01-2018-0002.
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Purpose The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women. Design/methodology/approach This paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women’s Convention and identifies its linkage to ICESCR. Findings ESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women’s ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment. Originality/value The work is original and not published by any other journal so far.
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Berrada, Mohamed. "Demanding what is rightfully theirs. The link between social justice protests and economic, cultural, and social rights." Deusto Journal of Human Rights, no. 10 (December 30, 2022): 55–75. http://dx.doi.org/10.18543/djhr.2621.
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The right to peaceful assembly and association have been central to the notion of human rights since their very first iterations. A selection of key peaceful protest movements in the 21st century shows that the movements themselves are expressing demands that are in line with the human rights approach (Ortiz et al. 2022). Among the main findings is that over half of protest movements incorporate some economic or social justice demand (higher wages, jobs, housing, healthcare, pensions…). This article looks at protest movements that have demands that are linked to rights expressed by the UN International Covenant on Economic, Social and Cultural Rights (United Nations 1966). Though protesters do not express their demands in the language of human rights, their demands for social justice are mostly already enshrined in the declaration. The author compares demands of economic justice to their counterpart in terms of rights, stressing the need for countries to reexamine their own policies considering these protests or potentially face escalating social unrest.
Received: 20 July 2022 Accepted: 30 November 2022
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Strydom, Hennie. "The Protection of Economic, Social and Cultural Rights in International Law." Constitutional Review 5, no. 2 (November 18, 2019): 222. http://dx.doi.org/10.31078/consrev522.
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This contribution commences with a brief overview of the origin of economic, social and cultural rights and their eventual codification in the 1966 International Covenant on Economic, Social and Cultural Rights. The main part then focuses, firstly, on the nature and scope of state obligations for the realization of Covenant rights and the enforcement mechanisms created under the Covenant and its Optional Protocol, and secondly, on the role of the UN Human Rights Council and the UN Security Council. In the conclusion, three contemporary developments are highlighted which could open up new areas in which economic, social and cultural rights could find further application.
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Choirunnisa, Sutiani. "Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn)." Indonesian Journal of International Clinical Legal Education 3, no. 3 (September 30, 2021): 367–80. http://dx.doi.org/10.15294/ijicle.v3i3.48266.
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guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).
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Jadoon, Aisha, and Ali Asghar Chusti. "U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966." Al-Aijaz Research Journal of Islamic Studies & Humanities 5, no. 1 (March 15, 2021): 46–56. http://dx.doi.org/10.53575/u4.v5.01(21).46-56.
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The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.
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Kaduha, I. V. "The right to health care in the system of social human rights." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 313–18. http://dx.doi.org/10.24144/2307-3322.2024.81.3.47.
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In the current academic literature, the right to health is considered in the context of a wide range of disciplines, including medical law, international law and social sciences. An important step in the formation of the legal framework for the right to health was the adoption of the WHO Constitution in 1946, which proclaimed that «the enjoyment of the highest attainable standard of health is a fundamental right of every human being». This declaration became the basis for the further development of international health standards, including the 1966 International Covenant on Economic, Social and Cultural Rights, which in Article 12 recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Research and scholarship on the right to health covers various aspects of this issue, including analyses of national health systems, examination of international standards and their impact on national legislation, and development of recommendations to ensure equal access to health services. Despite the significant achievements in the development of international norms and standards, there are challenges related to their implementation at the national level, including the need to adapt national legislative and institutional frameworks to international obligations.
Ukraine, like many other countries, is striving to meet international standards in the field of the right to health, while facing a number of challenges that require a comprehensive approach to reforming the national healthcare system. Scientific research plays an important role in this process, helping to identify gaps in legislation and practice, as well as to develop sound recommendations for their elimination.
Given these aspects, this article aims not only to analyse the theoretical foundations of the right to healthcare, but also to highlight the practical steps and challenges that Ukraine faces on the way to its full implementation.
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Zendeli, Emine. "The right to education as a fundamental human right." Contemporary Educational Researches Journal 7, no. 4 (December 5, 2017): 158–66. http://dx.doi.org/10.18844/cerj.v7i4.2718.
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The right to education is a fundamental human right proclaimed by Articles 13 and 14 of the United Nations International Covenant on Economic, Social and Cultural Rights (1966). Ratifying this document, state parties fully agree ‘that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms’. The right to education is considered as a fundamental human right in a series of other 20th century international documents, which guarantee and protect this right for everyone, irrespective of race, colour, religion, gender, social status, etc. This paper aims to respond to questions on the observance of this right and whether it has been limited. The research is based on international documents that regulate this specific category, as well as on the respective legislation and practice within educational institutions in the Republic of Macedonia.
Keywords: Education, fundamental human rights, covenant, law.
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Shumylo, Mykhailo. "The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 353–57. http://dx.doi.org/10.36695/2219-5521.3.2020.64.
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The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.
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Shumylo, Mykhailo. "The social doctrine of the catholic church as a foundation for the emergence of the legal regulation in the area of social protection in Europe." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 353–57. http://dx.doi.org/10.36695/2219-5521.3.2020.17.
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The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.
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-, Wahyuningsih. "Prinsip Kesetaraan Gender dan Non Diskriminasi dalam KOvenan ICESCR dan ICCPR." Jurnal Hukum PRIORIS 2, no. 1 (May 12, 2016): 19–27. http://dx.doi.org/10.25105/prio.v2i1.324.
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Universal Declaration of Human Rights recognizes the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world. To exercise those rights, in 1966 General Assembly of the UN has adopted two Covenant, namely International Covenant of Economic, Social and Cultural Rights and International Covenants on Civil and Political Rights. The States Parties of the two Covenants undertake to guarantee that the rights regulated in the covenants language, religion, political or other opinion, national or social origin, property, birth or other status. So that we can conclude that the two Covenant recognize, the existence of gender equality principle and non discrimination principle.
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I. Ifejika, Solomon. "Nigeria and the International Covenant on Economic, Social and Cultural Rights: Straightening the Crooked Path." Pertanika Journal of Social Sciences and Humanities 31, no. 2 (June 16, 2023): 885–901. http://dx.doi.org/10.47836/pjssh.31.2.21.
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As encapsulated in the Universal Declaration of Human Rights of 1948, economic, social, and cultural rights are indispensable components of the fundamental rights that the global community guarantees to all humankind, alongside civil and political rights. Specifically, the United Nations adopted the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1966 to expedite the fulfillment of ESCR while imploring Member States to adopt and domesticate the same to stimulate the realization of these rights at the national level. This study examined Nigeria concerning their effort toward fulfilling the obligation to the ICESCR, which she affirmed. Depending on data derived from secondary sources and analyzed using thematic and content analysis techniques, the study found that Nigeria maintains demonstrable support for the international community in promoting the universal realization of ESCR. Nigeria has ratified and domesticated the ICESCR at the global level and the African Charter on Human and Peoples’ Rights at the regional level and incorporated these rights into their extant 1999 National Constitution. Nevertheless, Nigeria’s path to fulfilling its obligation to the ICESCR is crooked as it faces some underlying problems that impede its effort, including the paradox in its constitution. The study recommends, in addition to other actions, a constitutional reform to repeal Section 6(6)(c) of the 1999 Constitution of Nigeria to categorize ESCR under ‘fundamental rights’ and ascribe them the status of ‘enforceable’ rights under the law to ameliorate these issues.
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Moinipour, Shabnam. "The Islamic Republic of Iran and children’s right to education: acceptability & adaptability." Human Rights Education Review 4, no. 2 (May 12, 2021): 26–48. http://dx.doi.org/10.7577/hrer.3930.
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Iran, as a United Nations member state, has made moral and legal commitments to conform to international human rights standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC), which address the right to education. This article reviews Iran’s commitments to children’s educational rights, drawing on the 4-A scheme developed by the former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, whereby education should be available, accessible, acceptable, and adaptable. It examines the State’s obligation to ensure education is acceptable and adaptable. It identifies a number of legal and political reasons why children are unable to claim their educational rights. It calls for substantial educational and societal reform and the prioritisation of the child’s best interests, over those of the State.
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Pillai, Sheeba. "Right to Education under European Convention for the Protection of Human Rights and Fundamental Freedoms 1950." Christ University Law Journal 1, no. 1 (September 1, 2012): 101–15. http://dx.doi.org/10.12728/culj.1.7.
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Right to education is one of the most important human rights and has been widely so acknowledged in several international and regional documents related to human rights. These documents have defined the right in an
elaborate manner placing a lot of emphasis on compulsory elementary education and thereby making it obligatory on the states to provide the same and also guarantee equality of accessibility of education at higher levels. The European Convention on Human Rights 1950 has guaranteed the right to education in Article 2 of Protocol 1.Unlike the International Covenant on the Economic, Social and Cultural Rights 1966 or the other
regional documents, the European Convention on Human Rights 1950 has not defined the right to education in an elaborate manner, in the document. Thus, the burden of making the right to education more resourceful fell
largely upon the shoulders of the enforcement mechanism, they being European Court and European Commission of Human Rights, both constituted by the Convention. This article makes an analysis of the right to education as interpreted by these two authorities.
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Bysaga, Yu. "The right to education: international standards and their influence on the constitutional legislation of the member states of the Council of Europe." Uzhhorod National University Herald. Series: Law 2, no. 79 (October 25, 2023): 303–7. http://dx.doi.org/10.24144/2307-3322.2023.79.2.47.
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The article draws attention to the UN Charter, which proclaims the task of reaffirming faith in basic human rights, in the dignity and value of the human person, in the equality of men and women, and in the equality of rights of large and small nations. Attention is focused on the principle of UN activity - implementation of international cooperation in the promotion and development of respect for human rights and basic freedoms for all, without distinction of race, sex, language and religion. International acts on human rights of a universal nature are characterized, in which for the first time at the international level everyone’s right to education was enshrined: the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention against Discrimination in Education of 1960, the Convention on the rights of the child of 1989. Attention is drawn to the minimum standards of the right to education that the state must ensure. The relationship between the right to education, which was first enshrined at the international level in the Universal Declaration of Human Rights, and human dignity and the value of the human personality is defined. Emphasis is placed on the right to education and criteria for determining the degree of respect and observance of fundamental norms related to this human right throughout the world. The article also raises the question of the influence of international standards of the right to education on the constitutional legislation of the member countries of the Council of Europe - Bulgaria, Poland, Ukraine and other countries.
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Batviniev, V. O. "Normative content of the right to take part in cultural life: international legal aspect." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 264–68. http://dx.doi.org/10.24144/2307-3322.2023.80.2.42.
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The article focuses on the disclosure of the constituent elements of the right to take part in cultural life. It is pointed out that the right to take part in cultural life is enshrined in a number of international human rights instruments (the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention on the Rights of the Child of 1989, the Convention on the Rights of Persons with Disabilities of 2006, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990 etc.) It is emphasised that cultural rights are an integral part of human rights and, like other rights, are universal, indivisible and interdependent. It is emphasised that despite the wide recognition of cultural rights, one of the main reasons for the neglect of such rights is the complexity of their definition. It is characterised the approaches to defining the term “culture”. It is noted that culture is a broad, inclusive concept that encompasses all manifestations of human life, such as ways of life, language, literature, music and song, system of religions or beliefs, rituals, ceremonies, art etc. With regard to the right to “participate” and “take part” in cultural life, the author states that it is characterised by three interrelated components: participation in cultural life, access to cultural life and contribution to cultural life. It is established that the right to take part in cultural life also includes five interrelated essential features: availability, accessibility, acceptability, adaptability, and appropriateness. Availability implies that cultural goods and services should be accessible to all. Accessibility includes four key elements: non-discrimination, physical accessibility, economic accessibility, and information accessibility. Acceptability means that states should consult with the individuals and communities involved to ensure that actions to protect cultural diversity are acceptable. Adaptability means that states should adopt a flexible approach to cultural rights and respect the cultural diversity of individuals and communities. Appropriateness implies that a particular right is implemented in an appropriate and acceptable manner in a given context.
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Timilsana, Binod Khanda. "Right to Education: Scholarship to Ensure Accessibility." Saptagandaki Journal 8 (October 20, 2017): 23–30. http://dx.doi.org/10.3126/sj.v8i0.18459.
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Right to education has a broad scope in human rights instruments including UDHR, 1948 and International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966. Rights to education is a prime concern regarding the accessibility of education and its' compulsorily enjoyment especially in primary level, and generally technical, vocational and up to higher education. Scholarship and incentives have been considered as means to improve the access, participation, enrolment and achievement of the children from the poor and disadvantaged background. Scholarship is generally distributed in different forms of incentives as subsidies, food, dress, hostel facility, allowances, uniform, accommodation and so on. Scholarship impacts positively in accessibility features of students to enjoy rights to education because accessibility has these three overlapping dimensions: Non-discrimination, physical accessibility and economic accessibility.The Saptagandaki Journal Vol.8 2017: 23-30
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Arif, Sardar M. A. Waqar Khan. "Legitimacy of Right to Self-Determination Under International Law." Pakistan Journal of Humanities and Social Sciences 7, no. 1 (March 31, 2019): 15–30. http://dx.doi.org/10.52131/pjhss.2019.0701.0069.
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The term self-determination refers to process by which people determine their political status. It is well established that right to self-determination (RSD) is available to all and based on its historical and conceptual evolution, its status amounts to jus cogens or obligations erga omes. In other words, it is a part of customary international law (CIL). While exercising self-determination, people may freely determine their legal and political status vis-a-vis free to pursue economic, social and cultural (ESC) development by virtue of that right. The important milestones for defining and recognizing RSD are (i) the International Covenant on civil and political rights (ICCPR), 1966 and (ii) the International Covenant on economic, social and cultural rights (ICESR), 1966 which defines RSD. In terms of RSD's implementation, there exist certain hurdles and impediments which lead to non-exercise of this right. In this context, this article focuses on legitimacy and various paradoxes of RSD under International law. It analyses its scope, binding nature and legal status with reference to the occupied people in an occupied territory. It discusses different views in relation to its applicability. The argument developed throughout the article is that by virtue of recognition of RSD, in general, international community may implement RSD of those who are denied so far and ensure its availability to all in practical terms. In particular, such right may be implemented in occupied territories by means of referendum or plebiscite under auspices of the United Nations (UN) for securing rights of those who are struggling since decades. It concludes that, by virtue of implementation and enforcement of RSD in all jurisdictions, universal lasting peace can be established and international security can be ensured.
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Arif, Sardar M. A. Waqar Khan. "LEGAL PERSPECTIVES ON SOCIO-ECONOMIC STATUS OF WOMEN IN AZAD JAMMU AND KASHMIR." Jurnal Dinamika Hukum 18, no. 2 (March 27, 2018): 215. http://dx.doi.org/10.20884/1.jdh.2018.18.2.1902.
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This article focuses on legal perspectives of women’s social and economic status in Azad Jammu and Kashmir (AJK). The bulk of international human rights instruments provide that human rights are available to ‘everyone’ as grounded in Universal Declaration of human rights (UDHR), (1948) and other human rights instruments. In relation to women, economic, social and cultural (ESC) rights are specifically grounded in UDHR, Women’s Convention and the International Covenant of Economic, social and cultural rights (ICESCR), (1966). In this context, this paper analyses relevant provisions of women’s rights in order to highlight obligations of AJK pertaining to protection of ESC rights. It discusses the ESC status of women with linkage to Millennium development goals (MDGs). It aims to discuss that what are socio-economic conditions of women in AJK? Is there any pattern of vulner-ability in this respect? In general, ESC rights are considered as mere aspirations and goals therefore the Maastricht guidelines are also formulated. The argument developed throughout article is that though AJK is not a State but is state-like entity and has its human rights obligations, in particular, ESC obligations for promotion and protection of women. The women in AJK are vulnerable and may be empowered by promotion of ESC rights. Keywords: ESC rights, women in AJK, human rights
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Syroid, T. L., L. О. Fomina, and P. V. Fomin. "Protection of labor rights of employees of international intergovernmental organizations: theory and practice." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 446–52. http://dx.doi.org/10.24144/2788-6018.2022.05.82.
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The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them.
It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection.
The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied.
It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.
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Sohaimi, Nor Suzylah, and Rosfaraliza Azura Ramli. "Migrants' Housing: Bridging Human Rights and Sustainable Development Goals for Inclusive Communities in Malaysia." Journal of Strategic Studies & International Affairs 3, no. 1 (July 31, 2023): 100–107. http://dx.doi.org/10.17576/sinergi.0301.2023.09.
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The United Nations issued the Universal Declaration of Human Rights in 1948 and the International Covenant on Economic, Social, and Cultural Rights in 1966. Both recognise the right to an acceptable living standard, which includes appropriate housing. Characteristics of sufficient housing include affordability, habitability, accessibility, location, cultural appropriateness, and access to resources such as services, materials, utilities, and infrastructure. However, housing and migrant settlement challenges have persisted in Malaysia due to a shortage of living space, poor government policies, and societal humiliation. This forces many migrants to live in crowded and unsafe conditions. Surprisingly, compared to other integration initiatives, little attention has been given to the housing component of the integration of regular migrants. This complacency and fragility affect both natives and migrants. The 17 Sustainable Development Goals (SDGs), especially SDG 11: Sustainable Cities and Communities, provide important guiding concepts that support the right to an acceptable standard of life, which includes adequate housing.
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Yashar Aghamaliyeva, Sara. "Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu." SCIENTIFIC RESEARCH 10, no. 6 (June 27, 2022): 35–38. http://dx.doi.org/10.36719/2789-6919/10/35-38.
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International recognition of intellectual property rights was achieved after adopting the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. Afterward, the Agreement on Trade-Related Aspects of Intellectual Property Rights was adopted to establish minimum standards for the regulation of intellectual property by the national legislation of the member countries. On the other hand, there are international agreements, such as the United Nations Universal Declaration of Human Rights of 1948 and the United Nations International Covenant on Economic, Social, and Cultural Rights of 1966, which reflect the fundamental human rights as the right to health and right to access medicine. Key words: trips agreement, doha declaration, intellectual property law, patents, access to medicine Sara Yaşar qızıAğamalıyeva Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu Xülasə Əqli mülkiyyət hüquqlarının beynəlxalq müstəvidə tanınmasına Sənaye Mülkiyyətinin Mühafizəsi üzrə Paris Konvensiyasının və Ədəbi və Bədii Əsərlərin Qorunması haqqında Bern Konvensiyasının qəbulundan sonra nail olunmuşdur. Sonradan üzv ölkələrin milli qanunvericiliyində əqli mülkiyyət hüquqlarının tənzimlənməsinin minimum standartlarını müəyyən etmək məqsədilə TRIPS Sazişi qəbul edilmişdir. Digər tərəfdən isə, sağlamlıq hüququ və tibbə çıxış hüququ kimi əsas insan hüquqlarını özündə əks etdirən Birləşmiş Millətlər Təşkilatının 1948-ci il Ümumdünya İnsan Hüquqları Bəyannaməsi və Birləşmiş Millətlər Təşkilatının 1966-cı ildəki İqtisadi, Sosial və Mədəni Hüquqlar Haqqında Beynəlxalq Paktı kimi beynəlxalq müqavilələr mövcuddur. Açar sözlər: trips sözləşməsi, doha bəyannaməsi, əqli mülkiyyət hüququ, patent, dərman vasitələrinin əlyetərliyi
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Riches, Graham. "The right to food, why US ratification matters." Renewable Agriculture and Food Systems 35, no. 4 (March 26, 2019): 449–52. http://dx.doi.org/10.1017/s1742170519000103.
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Molly Anderson's argument that irrespective of the US refusal to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) it is time for federal food assistance programs such as SNAP mandated through the Farm Bill to adopt a right to food and nutrition approach is foresighted and significant. As is Anne Bellow's succinct and equally powerful proposal for widening the debate to include a system's-based human rights approach to a National Food Plan. Their timely advocacy is compelling given the few influential US food policy voices speaking from a food justice perspective about the dysfunctional industrial food system and the failure of the Federal Government to ensure access to healthy food and food security for all.
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Simović, Miodrag, and Marina Simović. "Victimological analysis of the risk of victimization due to climate change in Bosnia and Herzegovina." Glasnik Advokatske komore Vojvodine 95, no. 4 (2023): 1250–91. http://dx.doi.org/10.5937/gakv95-47886.
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The idea that every human being has the right to a clean and healthy environment has captivated the imagination of people worldwide. Is this the case with environmental human rights? The United Nations Charter (1945), the Universal Declaration of Human Rights (1948), and the two human rights covenants - The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (both were adopted in 1966 and entered into force in 1977) omit any reference to whether being human encompasses such a right. Socioeconomic and cultural rights include the rights to dignity, education, health, food, water, sick leave, family leave, and employment, while the right to a healthy environment presents a boundary between these and various other rights. In an attempt to address this issue, the authors first analyze the meaning of the right to environmental protection. They specifically scrutinize the outcomes of the European Climate Conference regarding the scientific contributions to climate change transformations on the European continent, held on May 15th and 16th, 2023, in Warsaw. Additionally, the paper presents insights into climate change and the victimization of citizens, along with the risks of victimization associated with these changes. Building on the discussion, special attention is directed towards the issue of the relationship between Bosnia and Herzegovina and the United Nations Convention on the Law of the Sea (UNCLOS). To achieve an adequate standardization and regulation level, urgent preventive measures are proposed to address victimization in the context of climate change in Bosnia and Herzegovina with the aim of ensuring the right of all citizens to live in a safe, clean, healthy, and sustainable environment.
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Syroyid, Tetyana. "Women’s right to health – modern challenges: international legal aspect." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4 (December 29, 2020): 74–81. http://dx.doi.org/10.31733/2078-3566-2020-4-74-81.
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The article contains a detailed analysis of international legal acts regulating women's right to health; the focus is on problematic aspects that need to be addressed, including: violence, HIV / AIDS, protection during a pandemic of COVID-19. The article highlights the provisions of the following universal and regional acts of a general nature: the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Declaration on the Elimination of Violence against Women (1993), Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (2011), Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2003). The article also covers proceedings of international intergovernmental forums, strategic documents, reports of the UN Secretary-General focusing on the general protection of women's rights and, in particular, the right to health, including the Vienna Declaration and Program of Action (1993), the Beijing Declaration (1995), Global Strategy for Women's and Children's Health (2010), Global Strategy for Women's, Children's and Adolescent's Health (2016-2030), Strategic Preparedness and Response Plan (2020), Report of the Secretary-General UN "Shared Responsibility, Global Solidarity: Responding to the Socio-Economic Impacts of COVID-19" (2020) etc. The emphasis is placed on the importance of general and special recommendations developed by international treaty monitoring bodies - the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women in the field of women's health, which oblige states to comply with, protect and enforce rights in this area. In order to improve the situation in the field of protection of women's rights, the appropriate conclusions and recommendations on the im-plementation of the provisions of these acts into national state legislation have been made.
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Tyshchyk, Borys, and Anna Kishko. "УТВОРЕННЯ УПА ЯК ПРОЯВ ПРАВА УКРАЇНСЬКОГО НАРОДУ НА САМОВИЗНАЧЕННЯ ТА НАЙБІЛЬШИЙ БІЙ В ЇЇ ІСТОРІЇ." Visnyk of the Lviv University. Series Law, no. 77 (December 12, 2023): 88–94. http://dx.doi.org/10.30970/vla.2023.77.088.
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The article is devoted to the study of historical and legal aspects of realization of the right of the Ukrainian people to self-determination in the context of formation and activity of the Ukrainian Insurgent Army (UPA), state and legal views of its leaders. The right of a nation to self-determination is considered as one of the basic principles of modern international law, which nowadays is confirmed by a number of international legal treaties, such as: the UN Charter (1945), the International Covenant on Economic, Social and Cultural Rights (1966), the International Covenant on Civil and Political Rights (1966), the Covenants of 1966, the Declaration on the Principles of International Law of 1970, the documents of the Conference on Security and Cooperation in Europe (1975), the Vienna Declaration of 1986, the documents of the Copenhagen Meeting, the Conference on the Human Dimension of the OSCE of 1990, UN General Assembly Resolution «Universal realization of the right of peoples to selfdetermination» (1994) and other important international legal acts. The issues and peculiarities of the realization of the right of the Ukrainian people to selfdetermination are considered, taking into account its modern understanding as «the sovereign right of the nation, regardless of its size, level of development and other characteristics, to free separation from other peoples and the formation of its own sovereign state; the right of a nation to decide its own destiny, to determine the form of statehood, to be part of another state». The transition of departments of the Ukrainian insurgent army to large-scale operations in 1943. A historical and legal assessment of the so-called «Battle of Hurby» – the largest and longest UPA battle against the NKVD – is provided. Keywords: the nation's right to self-determination, the history of Ukrainian law, international law, the Ukrainian Insurgent Army, Battle of Hurby.
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Pawi, Andi Anugrah. "Peran Who Dalam Penghormatan Hak Asasi Manusia di Masa Pandemi Covid-19." Ascarya: Journal of Islamic Science, Culture, and Social Studies 1, no. 1 (January 31, 2021): 24–35. http://dx.doi.org/10.53754/iscs.v1i1.3.
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The research objective is to determine the role of non-state actors, in this case, the World Health Organization (WHO), in responding to efforts to respect human rights despite the COVID-19 pandemic. This research is motivated by the fact that many countries have committed violations of human rights in this COVID-19 pandemic. Like Italy which as a whole imposes a lockdown and does not respect other human rights, Indonesia is implementing travel tires against foreign nationals who come from the UK, where this can be said to be a form of discrimination committed against only certain citizens of the country, and others. Because of this, it is important to look from another perspective regarding respect for human rights at this time in order to achieve respect for human rights. As for the things that WHO has done in the form of giving a message by the Director-General of WHO, saying that the COVID-19 pandemic is a global issue that must uphold human rights in its prevention and dissemination procedures, the use of the constitution of the International Health Regulations (IHR) as an effort to carry out monitoring of countries on the implementation and implementation of regulations related to the prevention of COVID-19, to providing recommendations and guidance on an ongoing basis with due regard to the humanitarian situation based on the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966), International Covenant on Political Rights (ICCPR, 1966), and the Universal Declaration of Human Rights (UDHR, 1948).
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Monteiro, Pearl. "Misogyny: Are Personal Laws Androcentric?" ULP Law Review 15, no. 1 (October 25, 2021): 79–94. http://dx.doi.org/10.46294/ulplr-rdulp.v15i1.7942.
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The age-old prejudice of misogyny is still retained in insidious form even in legislations. There are numerous international conventions, as well as Constitutional provisions which claim to set man and woman on an equal plane. In India, one legislative sphere which prima facie appears to perpetuate the gender divide are the personal laws. In India, except for the State of Goa, personal matters are determined on the basis of religion. Different religions follow different laws, but what is common to them all, is the secondary position accorded to women. This paper discusses the international provisions dealing with equal human rights such as, Charter of the United Nations, 1945, The Universal Declaration of Human Rights,1948, International Covenant on Civil and Political Rights, 1966, International Covenant on Economic, Social and Cultural Rights, 1966 and The Convention on the Elimination of All Forms of Discrimination against Women. The paper elaborates on the Constitutional provisions providing for equality as well investigates whether the personal law provisions applicable to the Hindu, Muslim, and Christian women dealing with marriage, divorce, guardianship, and inheritance are discriminatory and misogynistic in nature. The paper studies the laws from date of enactment till the present day. The method of study is doctrinal. As a road map or suggestion, the analogous provisions of the Uniform Civil Code in Goa are highlighted. Judicial precedents are cited, suggestions are put forward.
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Ruman, Yustinus Suhardi. "Inklusi Sosial dalam Program Kartu Jakarta Sehat (KJS) dan Kartu Jakarta Pintar (KJP) di DKI Jakarta." Humaniora 5, no. 1 (April 1, 2014): 113. http://dx.doi.org/10.21512/humaniora.v5i1.2989.
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Article focuses on elaborating social inclusion in health and education policy in DKI Jakarta through Kartu Jakarta Sehat and Kartu Jakarta Pintar program. The program is composed by the governor and vice governor of DKI Jakarta, Joko Widodo and Basuki Tjahaja Purnama. By using interpretative method, secondary data and social exclusion and inclusion concept, this article shows that Kartu Jakarta Sehat and Kartu Jakarta Pintar program can be valued as social inclusion program. Through Kartu Jakarta Pintar program everyone who is the citizen of DKI Jakarta can participate in basic education; and through Kartu Jakarta Sehat all citizens of DKI Jakarta get merely health services. The policies make education and health services more open for all people. Participation in education and getting health services are the rights of all people. These rights were acknowledged by international community through International Convension about economic, social and cultural rights in 1966. This convention was ratified by the Indonesian Government through Law Number 11, 2005. So the normative basis of Kartu Jakarta Sehat and Kartu Jakarta Pintar Program is identified as inclusion policy in accordance with the expectation of international community and also is appropriate with the Law of Indonesia.
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Gilbert, Bruce. "Socio-environmental rights and the riddle of history." Revista da Faculdade de Direito da UFG 42, no. 1 (June 20, 2018): 145–58. http://dx.doi.org/10.5216/rfd.v42i1.53334.
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Abstract: Broadly speaking, this paper is about the relationship of the human rights tradition to substantive issues of social justice, including class exploitation and environmental destruction. These themes I take to be of global concern, but I will examine them today as they arise from conflicts and struggles situated in Brazil. The key to the argument is to show that the human rights tradition recognizes necessary features of self-determination, and that claims for socio-environmental rights in Brazil and elsewhere derive their legitimacy from the same kind of argument that justifies individual rights, such as the 1948 United Nations Declaration, and collective rights, such as the International Covenant on Economic, Social and Cultural Rights of 1966 and the United Nations Declaration of the Rights of Indigenous Peoples of 2007. That is, I will try to show that individual, collective and socio-environmental rights are each necessary conditions but, on their own, insufficient conditions for the possibility of self-determination. The need for such rights emerges in the history of the struggle for justice. This this paper will also defend the claim that the universality of rights necessarily emerges from the historicity of social life and solves what Marx calls the “riddle of history.”
Keywords : Socio-enviromental rights; riddle of history.
Resumo: De um modo geral, este artigo trata da relação da tradição dos direitos humanos com questões substantivas de justiça social, incluindo a exploração de classes e a destruição ambiental. Esses temas são de interesse global, mas vou examiná-los hoje, pois eles surgem de conflitos e lutas no Brasil. A chave do argumento é mostrar que a tradição dos direitos humanos reconhece as características necessárias à autodeterminação, e que as reivindicações por direitos socioambientais no Brasil e em outros lugares derivam sua legitimidade do mesmo tipo de argumento que justifica os direitos individuais, como o Declaração das Nações Unidas de 1948, e direitos coletivos, como o Pacto Internacional sobre Direitos Econômicos, Sociais e Culturais de 1966 e a Declaração dos Direitos dos Povos Indígenas das Nações Unidas de 2007. Ou seja, tentarei mostrar que os direitos individuais, coletivos e Direitos socioambientais são, cada um, condições necessárias, mas, por si só, condições insuficientes para a possibilidade de autodeterminação. A necessidade de tais direitos surge na história da luta pela justiça. Este artigo também defenderá a afirmação de que a universalidade dos direitos surge necessariamente da historicidade da vida social e resolve o que Marx chama de "enigma da história".
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Vallee, Mickey. "The Rhythm of Echoes and Echoes of Violence." Theory, Culture & Society 34, no. 1 (July 8, 2016): 97–114. http://dx.doi.org/10.1177/0263276416648466.
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This paper contributes to non-ocularcentric theory and theorizing by way of a methodological application and extension of Henri Lefebvre’s Rhythmanalysis. It explores the cultural dynamics of echoes and history, using as an instrumental case study Steve Reich’s 1966 tape-loop composition, Come Out, to elucidate the ambivalent and contradictory relations of time, temporality, and possibility. While the focus is primarily on the text of Come Out and its context of police brutality and civil rights, it moreover contributes to an enriched and historically grounded understanding of rhythmanalysis while engaging with rhythmanalysis as a methodology, based on the expanded conception of echoes proposed.
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Riquelme Cortado, Rosa. "Entrada en vigor, general y para España, del Protocolo Facultativo del Pacto Internacional de Derechos Económicos, Sociales y Culturales." Deusto Journal of Human Rights, no. 11 (December 11, 2017): 75. http://dx.doi.org/10.18543/aahdh-11-2013pp75-107.
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<p>The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESC) entered into force on 5 May 2013, generally and for Spain, thereby establishing, as an essential procedure, the filing of communications by individuals or groups of individuals claiming to be victims of a violation by a State Party of any one of the rights set forth in the Covenant. The principle of indivisibility and interdependence between all human rights acts as its supporting pillar for the correction of the discriminatory protective regime brought about in 1966 by the <em>twin covenants </em>(International Covenant on Civil and Political Rights). The process through which the Protocol to the ICESC came into being, however, did not ignore the insistent debate arising from the <em>justiciability </em>of economic, social and cultural rights, which has an effect on the limits set for the monitoring procedures provided forth therein in order to ensure compliance with the rights protected by the Covenant; that is, the filing of <em>individual communications</em>, its main <em>leitmotiv</em>, of <em>communications between States </em>and <em>inquiry </em>into grave or systematic violations of this range of rights, as well as the complementary mechanisms of <em>international assistance and cooperation </em>of the trust fund in particular.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Sheredʹko, O. M. "Jusnaturalism as the foundation of the concept of international protection of human rights in H. Lauterpacht’s works." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 392–96. http://dx.doi.org/10.24144/2307-3322.2021.64.72.
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Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law. Analyzing the works by H. Lauterpacht, we can say that the scholar was the founder of international human rights law. Natural law and natural human rights, according to H. Lauterpacht, have been the unchanging basis of human rights of all times.The origins and periodization of jusnaturalism in the works of leading international law scholar are considered. The main statements of the representatives of the natural law concept of different times, in particular, the basic ideas in the works of Socrates, Aulis Aarnio, Francisco de Vitoria, Francisco Suarez, Alberico Gentili, Thomas Hobbes, Samuel von Pufendorf, Hugo Grotius are outlined.The views of prominent philosophers are the foundation of the concept of jusnaturalism.
Numerous supporters of the concept of natural law in different periods of history testify to its importance at every stage of human rights development.International law in this matter is a kind of second stage of recognition and protection of human rights, after recognition in the national law of states.International law is designed to consolidate the rights granted by nature to the human in the international arena.H. Lauterpacht saw the real recognition and protection of human rights by enshrining them in an international document signed by all countries of the world.The scientist proposed a draft international document on the recognition of human rights at the international level called International Bill of the Rights of Man. The provisions proposed in this document were later enshrined in international instruments such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the International Covenant on Civil and Political Rights of 1966.
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Turuta, O., and O. Turuta. "Artificial intelligence through the prism of fundamental human rights." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 49–54. http://dx.doi.org/10.24144/2307-3322.2022.71.7.
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The article analyzes the development of artificial intelligence and its impact on human rights. The ways of introducing artificial intelligence technologies into various spheres of human life are determined. It is considered how different artificial intelligence systems are used today in the world and how they can help and harm society. The analysis of the impact of artificial intelligence on human rights is based on documents widely used in Europe and containing a wide range of human rights, the General Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights, economic, social and cultural rights of 1966 and the Charter of Fundamental EU rights. The misuse of artificial intelligence algorithms creates many problems, such as violation of the right to life, the right to privacy, restriction of freedom of speech and opinion, violation of the right to a fair trial and the presumption of innocence, the right to equal opportunity and non-discrimination, the right to work, etc. Since artificial intelligence technologies use certain data sets, the violation of the rights of certain groups of the population is most often observed. These may include women and children, as well as certain ethnic, racial or religious groups. The article concludes that the introduction of artificial intelligence technologies in various areas of life can qualitatively change them and increase the effectiveness of any human work. However, the rapid development of technology can have a negative impact on human rights. Risks to fundamental human rights stem from the inability to foresee the consequences of such new technology. Governments of the world and companies using artificial intelligence technologies should be aware of the imperfection of the data on which the technology is trained, and take care to prevent discrimination and violations of human rights, be ready to provide timely and effective remedies in cases where decisions made by machines, turn out to be wrong.
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Itasari, Endah Rantau. "Perlindungan Hukum Terhadap Hak Pendidik Di Wilayah Perbatasan Indonesia Dan Malaysia." Media Komunikasi FPIPS 19, no. 2 (August 31, 2020): 84. http://dx.doi.org/10.23887/mkfis.v19i2.27919.
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Penelitian ini bertujuan untuk mengetahui perlindungan hukum yang diberikan oleh negara kepada warga negaranya khususnya di wilayah perbatasan antara Indonesia dengan Malaysia berkenaan dengan hak pendidikan yang diterima oleh warga negara Indonesia. Metode penelitian yang digunakan ialah menggunakan penelitian hukum yuridis normatif. Hasil penelitian menunjukan bahwa hak-hak warga negara Indonesia khususnya tentang hak pendidikan telah diberikan dalam undang-undang Republik Indonesia, dan diatur di dalam undang-undang hak asasi manusia dimana setiap warga negara diberikan hak pendidikan dan hak pekerjaan di wilayah kedaulatan Indonesia, bahkan Bangsa Indonesia telah meratifikasi peraturan Internasional The Universal Declaration on Human Rights (UDHR) 1949, The International Covenant on Economic, Social and Cultural Rights (ICESCR)1966 dan dalam The Convention on The Rights of The Child 1989 yang seluruhnya memberikan perlindungan hukum kepada setiap warga negara di dalam memperoleh pendidikan. Jadi pemerintah pusat wajib memberikan hak pendidikan kepada seluruh warga negara yang ada di wilayah perbatasan tanpa terkecuali karena hal ini merupakan amanat konstitusi Indonesia.
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K. Ryan, Mary. "Filming Change: Civil Rights through the Lens of Guess Who’s Coming to Dinner? and To Kill a Mockingbird." [Inter]sections 9, no. 23 (January 4, 2021): 1–16. http://dx.doi.org/10.31178/inter.9.23.1.
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The 1960s were a turbulent decade in the United States. Significant social changes, especially in the realm of antiracism and antisexism, were afoot. Concurrently, in an echo to such dramatic social change, popular culture was also evolving. This article examines two relevant films to evaluate their ability to perform a moral critique of gender and racial politics in the 1960s. Alongside an analysis of social and political trends and Supreme Court cases, I compare two critically acclaimed industry films, To Kill a Mockingbird (1962) and Guess Who’s Coming to Dinner (1967), to better understand cultural and political reforms in the 20th century.
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Chirkin, Veniamin E. "50 YEARS OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF 1966 AND SOME SOCIOECONOMIC ISSUES OF THE CONSTITUTIONAL LAW." Public international and private international law 1 (February 5, 2020): 3–7. http://dx.doi.org/10.18572/1812-3910-2020-1-3-7.
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Wada, Takeshi. "Event Analysis of Claim Making in Mexico: How are Social Protests Transformed into Political Protests?" Mobilization: An International Quarterly 9, no. 3 (October 1, 2004): 241–57. http://dx.doi.org/10.17813/maiq.9.3.7wx2pt66130718v3.
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Why do citizens demand certain kinds of citizenship rights rather than another in a given context? This article extends the idea of political and cultural opportunities to Mexico's authoritarian context to explore why Mexicans, who had prioritized social rights over other rights, came to emphasize political rights in a context of neoliberalism. In particular, I ask how this transformation from social protests to political protests happened when neither political nor cultural opportunities appeared to be conducive to it? I gathered 1174 episodes of popular protests between 1964 and 2000 from Mexican newspapers and employed a quantitative event analysis to examine discursive aspects of claims making. In the neoliberal period, demands for social rights and material issues were made increasingly in conjunction with demands for political rights. Mexicans came to realize that their everyday needs and redistributive demands would not be satisfied without dealing with undemocratic political system. It is this change in people's recognition that pushed political claims making to the forefront of popular contention in Mexico.
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Heesterman, Wiebina. "The Right to Food and the Planetary Boundaries Framework." Science Progress 100, no. 1 (March 2017): 5–24. http://dx.doi.org/10.3184/003685017x14858552487427.
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The ‘Right to Food’ is a legal entitlement owed to all human beings established in international law more than half a century ago. Fulfilment of the right has been entrusted to states parties to the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR). However, in practice, the right is often breached because of hostility or indifference from individuals or institutions refusing access to provisions, or because of vicissitudes of nature. Adverse impacts due to human interference in natural processes are increasingly noticeable in the area of food production. These processes have been classified into nine distinct categories, all of which need be kept within certain margins, so-called ‘Planetary Boundaries’, which delineate a safe operating space for humanity. This paper discusses the impact each of these human-induced developments has on the provision of food as well as the other way round and what the consequences would be if the boundaries were exceeded. Yet there are means of keeping the worst consequences of most of these processes at bay. The paper explores some of these.
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Gebrekidan, Fikru Negash. "Disability Rights Activism in Kenya, 1959–1964: History from Below." African Studies Review 55, no. 3 (December 2012): 103–22. http://dx.doi.org/10.1017/s0002020600007228.
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Abstract:This article examines the early history of disability rights activism in Kenya. The transitional years from colonialism to independence were a period of great expectations. For persons with disabilities in particular, decolonization held additional possibilities and potential. National independence promised not just majority rule but also an all-inclusive citizenship and the commitment to social justice. Among the visually impaired of Kenya, such collective aspirations led to the birth of the Kenya Union of the Blind in 1959. In 1964, after years of futile correspondence with government officials, the Union organized a street march to the prime minister's office to attract attention to its grievances. The result was a government panel, the Mwendwa Committee for the Care and Rehabilitation of the Disabled, whose published report became the blueprint for social and rehabilitation programs. The government possessed limited resources, and the reforms that ensued were long overdue. Yet the sociohistorical dynamics behind the march are of particular significance. From the social historian's point of view, they affirm not only the historical agency of persons with disabilities, but also the need to recast and broaden the scope of African social history.
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West, Michael O. "“Equal Rights for all Civilized Men”:." International Review of Social History 37, no. 3 (December 1992): 376–97. http://dx.doi.org/10.1017/s0020859000111344.
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SummaryBetween 1924 and 1961 elite Africans in Southern Rhodesia (colonial Zimbabwe) waged a protracted political struggle for the right legally to drink “European” liquor, which had been banned to colonized Africans under the Brussels Treaty of 1890. Refusing to be lumped with the black masses and basing their claim on the notion that there should be “equal rights for all civilized men”, elite Africans argued that they had attained a cultural level comparable to that of the dominant European settlers and should therefore be exempt from the liquor ban. This struggle, which ended successfully in 1961, also highlights other important themes in the history of the emergent African elite in Southern Rhodesia, most notably its political tactics and consciousness. The quest for European liquor helped to hone political skills as well, as a number of individuals who participated in it later became important African nationalist leaders.
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Syroyid, Tetyana. "International legal standards for ensuring the right of minors deprived of liberty to health." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 32–37. http://dx.doi.org/10.31733/2078-3566-2020-3-32-37.
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The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.
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Galdenzi, Paolo. "Cultural Relations Among States: is a Legal Adaptation Required?" McGill GLSA Research Series 2, no. 1 (October 25, 2022): 20. http://dx.doi.org/10.26443/glsars.v2i1.183.
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Cultural rights are an integral part of human rights. According to the International Covenant on Economic, Social and Cultural Rights (art. 15), the latter include the right to take part in cultural life, to enjoy the benefits of scientific progress and to benefit from the results of any scientific, literary or artistic production. In order to promote the cultural dimension of human rights, cultural relations among States represent an important tool since they foster initiatives in different sectors (i.e., cinema, literature, music, design, fashion), thereby giving people a better chance to enjoy and develop cultural rights. This essay will highlight the importance of properly defining and regulating cultural relations among States through an adaptation of international law, which currently lacks any provision on the issue. Although some international instruments mention cultural relations, they never provide a comprehensive legal framework for their development: The Vienna Convention on Diplomatic Relations (1961) merely acknowledges the existence of “cultural relations”; while the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) aims to encourage dialogue among cultures (art. 1), but never refers to cultural relations. In order to fill this legal gap, this article will first examine some international tools connected with cultural relations. Secondly, it will consider the possibility to adopt a new Convention or act of soft law to define their core principles and values. The overarching argument will hold that an adaptation of international law would help guarantee that the overall outcomes of cultural relations are greater connectivity, better mutual understanding, and enhanced sustainable dialogue between states, people and non-state actors, thereby significantly promoting a human rights-based approach to culture.
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Hanafi, Haswaniza, Syamirah Rahuman Sadik, Anne Magdalene Pakianathan, and Maheran Makhtar. "A Socio-Legal Study on Issues and Factors of Child Labour in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 9, no. 6 (June 30, 2024): e002865. http://dx.doi.org/10.47405/mjssh.v9i6.2865.
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This research paper critically examines the multifaceted issue of child labour, shedding light on its complexities, evaluating existing legal frameworks, and proposing comprehensive solutions. Focusing primarily on Malaysia, the study navigates through international standards, notably the United Nations Convention on the Rights of the Child 1989 (CRC), which unequivocally prohibits economic exploitation and hazardous work for children, emphasizing their holistic development and protection. The analysis encompasses a thorough review of Malaysia’s legislative landscape, including key statutes such as the Children and Young Persons (Employment) Act 1966, Sabah Labour Ordinance (Cap 67), and Sarawak Labour Ordinance (Cap 76). This research highlights the gaps in Malaysian laws, particularly the absence of explicit guidelines on work allowed to be done by children. Furthermore, the research situates child labour within the broader human rights discourse, drawing on international instruments like the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the 1989 United Nations Convention on the Rights of the Child (CRC). The findings underscore the urgent need for holistic solutions that extend beyond legal reforms, such as refining definitions within existing legislation, aligning Malaysian laws with international standards, enhancing enforcement mechanisms, and incorporating explicit provisions on employer responsibilities. The paper advocates for a nuanced understanding of child labour's interconnectedness with broader rights, emphasizing the importance of a comprehensive approach to eradicating this pervasive issue, which calls for collective action to create a world where every child is afforded the right to a childhood free from exploitation, ensuring their well-being, dignity, and the realization of their full potential.
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Mardiyono, Mardiyono. "TANGGUNG JAWAB NEGARA DAN MEKANISME PENYELESAIAN EXTRAJUDICIAL KILLINGS 1965." Refleksi Hukum: Jurnal Ilmu Hukum 1, no. 1 (December 17, 2016): 29. http://dx.doi.org/10.24246/jrh.2016.v1.i1.p29-44.
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<p><strong>Abstrak</strong><br />Persoalan extrajudicial killings 1965 merupakan kejahatan terhadap kemanusiaan dan<br />termasuk kejahatan HAM berat sesuai Pasal 7 UU No. 26 Tahun 2000. Penghukuman<br />yang dilakukan tanpa proses pengadilan merupakan pengkhianatan terhadap nilai-nilai<br />kemanusiaan yang terkandung dalam Pasal 1 ayat (3) Undang-Undang Dasar 1945. Dalam<br />Masstricht Guidelines on Violations of Economic, Social and Cultural Rights, negara<br />berkewajiban melindungi hak-hak sipil dan politik, hak-hak ekonomi, sosial dan budaya,<br />dengan memberlakukan tiga jenis kewajiban pada Negara, yaitu: kewajiban untuk<br />menghormati, melindungi dan memenuhi. Kegagalan untuk melakukan salah satu dari<br />tiga kewajiban tersebut merupakan pelanggaran hak yang dilakukan oleh negara. Terkait<br />dengan extrajudicial killings 1965, negara dapat memikul kewajiban baik sebagai akibat<br />dari perbuatannya sendiri (acts of commision) maupun oleh karena pembiaran (acts of<br />ommission).<br /><br /><strong>Abstract</strong><br />The infamous tragedy of extrajudicial killings in Indonesia in 1965 could be categorized as<br />crimes against humanity, as well as a serious violation of human rigts as set forth in<br />Article 7 of Law No. 26, 2000 and Article 1 Paragraph (3) of the Constitution of 1945. In the<br />Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, the state is<br />obliged to protect the civil, political and economic rights, as well as social and cultural<br />rights. to impose state obligations (the obligation to respect, protect and fulfill). Failure to<br />do any of these constitutes a violation of rights by the state. In relation to extrajudicial<br />killings that took place in 1965, the state may assume obligations both as a result of his<br />own actions (acts of commission) as well as because of its omission.</p>
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Eley, Geoff. "The German Right from Weimar to Hitler: Fragmentation and Coalescence." Central European History 48, no. 1 (March 2015): 100–113. http://dx.doi.org/10.1017/s0008938915000060.
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As archival scholarship on National Socialism moved under way during the later 1960s, study of the Right's broader intellectual history relied on a small number of then canonical works—by Klemens von Klemperer (1957), Otto E. Schüddekopf (1960), Fritz Stern (1961), Hans-Joachim Schwierskott (1962), and Kurt Sontheimer (1962), shadowed by Armin Mohler's Die konservative Revolution in Deutschland 1918–1932. Grundriβ ihrer Weltanschauungen (1950)—soon to be joined by George Mosse (1964), Herman Lebovics (1969), and Walter Struve (1973). At this stage, with the exception of Fritz K. Ringer's The Decline of the German Mandarins (1967) and Reinhard Bollmus's study of Alfred Rosenberg's office and its opponents (1970), there was virtually nothing taking a broader social or institutional approach to the contexts of Nazi ideology and the sociology of knowledge under the Third Reich. Gerhard Kratzsch's Kunstwart und Dürerbund. Ein Beitrag zur Geschichte der Gebildeten im Zeitalter des Imperialismus (1969) stood very much alone as a nuanced, archivally researched case study alive to the complex ambivalences of cultural nationalism in the Wilhelmine years.
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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
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The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
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Nurhidayatuloh, Nurhidayatuloh, and Febrian Febrian. "ASEAN and European Human Rights Mechanisms, What Should be Improved?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 01 (April 2019): 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
Full textAbstract:
The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
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Basha, Kosovar. "The Education of Albanians in Yugoslavia after the Second World War until 1974." Historijski pogledi 6, no. 9 (June 20, 2023): 205–24. http://dx.doi.org/10.52259/historijskipogledi.2023.6.9.205.
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The paper carefully deals with the constitutional aspect and the development of education in Yugoslavia, with special emphasis - Albanians. After the Second World War, Yugoslavia faced numerous problems both politically and economically. The first reforms that this country had to undergo initially required help from countries such as the Soviet Union. Among the first steps to be taken were the legislative reforms undertaken in 1946 by adjusting the Yugoslav Constitution. This constitution sanctioned important aspects of the political, economic, educational and cultural life of the country. The political life after the Second World War in Yugoslavia had undergone radical changes making it possible for countries like Macedonia to become independent states or to be created from scratch. The only country which was politically eliminated in this aspect was Kosovo, which was left under Serbia from 1945. By oppressing Kosovo politically in all aspects of life, Serbia exercised a segregationist policy towards the Albanian people of Kosovo. Harsh measures were exercised against the Albanian minority, including their relocation to Turkey through various Yugoslav-Turkish agreements, the imprisonment of many political personalities, etc. Political rights of expression were denied and political pressure continued at the national level. These forms were present continuously and did not stop until 1968 when the political situation began to change. Indeed, the Albanian minority in Yugoslavia made good use of the political circumstances after 1968 when, in general demonstrations in all the cities of Kosovo, they opted for more national rights and requested the establishment of the University of Prishtina. Non-Albanian minorities were included in the Yugoslav republics in all spheres of life. Since they were not in large numbers, their presence was not revealed apart from the Hungarians. The Hungarian minority also began to enjoy greater rights with the amendment of several articles of the constitutions of 1946, 1953, 1963 and 1974. The presence of Hungarian schools was evident with several such schools and a lot of students who were allowed to use and be instructed in their mother tongue. Other small minorities such as Russians, Bulgarians, Germans and others were few in number. The Albanian population in Yugoslavia was distributed across several republics such as Serbia, Kosovo, Macedonia, Montenegro and to a lesser extent Croatia and Slovenia. Political power in Yugoslavia which was largely led by Serbs until 1966 through the iron hand of Alexander Rankovic did not allow the Albanians to even use their national flag and to express any kind of dissatisfaction through various demonstrations or manifestations. The period between 1966-1974 was decisive for Albanians in Yugoslavia, especially since many important steps were taken in political terms, such as the replacement of Serbian politicians with Albanians, the establishment of many different schools and the massification of higher education in general. The Yugoslav constitutions with their reforms changed the direction of comprehensive development of political, social, economic and cultural life for all non-Albanian and Albanian minorities in Yugoslavia. The author has followed the descriptive and analytical scientific methods for dealing with this important issue for general historiography. A serious Yugoslav and Albanian literature covering this socially and scientifically important study has been used.
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Cook, Vaneesa. "Martin Luther King, Jr., and the Long Social Gospel Movement." Religion and American Culture: A Journal of Interpretation 26, no. 1 (2016): 74–100. http://dx.doi.org/10.1525/rac.2016.26.1.74.
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AbstractHistorians have posited several theories in an attempt to explain what many regard as Martin Luther King, Jr.'s radical departure, in the late 1960's, from his earlier, liberal framing of civil rights reform. Rather than view his increasingly critical statements against the Vietnam War and the liberal establishment as evidence of a fundamental change in his thinking, a number of scholars have braided the continuity of King's thought within frameworks of democratic socialism and the long civil rights movement, respectively. King's lifelong struggle for racial justice in America, they argue, was rife with broader and more radical implications than that of a national campaign for political inclusion. His message was global, and it was revolutionary. However, when depicting him exclusively in the context of black radicals during “the long civil rights movement,“ or the labor movement, these scholars have a tendency to downplay the most fundamental component of King's activism - his religion. More so than he referenced the brave black leaders of previous civil rights campaigns, King drew upon the writings and ideas of social gospel thinkers, such as Walter Rauschenbusch and Reinhold Niebuhr. By analyzing King within the context of “the long social gospel movement” in addition to “the long civil rights movement,” we can explain his radical social mission in terms of race and class, but without marginalizing the Christian values at the core of his calling.
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DUAN, RUODI. "Solidarity in Three Acts: Narrating US black freedom movements in China, 1961–66." Modern Asian Studies 53, no. 05 (May 14, 2019): 1351–80. http://dx.doi.org/10.1017/s0026749x1700052x.
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AbstractThe political campaigns and events that comprised the US civil rights movement, as well as the urban race riots that coloured the 1960s, garnered widespread public attention and press coverage within the People's Republic of China (PRC). In the years between the Sino-Soviet Split in 1961 and the beginning of the Cultural Revolution in 1966, China strove to substantiate its commitment to US black liberation in three key respects: consistent news reporting, sentimental receptions of visiting black activists, and local gatherings that publicized up-to-date information on US anti-racist struggles and featured ordinary citizens sharing notes of empathy. This multidimensional Chinese engagement of US black freedom struggles helped to cement both intra-national and international solidarities. The party state, its mouthpieces, and everyday students and workers echoed Mao Zedong's dictum that racial discrimination was a matter of class struggle. Embedded within their observations was a critical analysis of African American history and social movements in relationship to US capitalism. Their narrations of black resistance and Afro-Asian solidarity, while intimately bound up with nation-state interests, shed light on the intricate nexus of race, revolution, and international class struggle that defined the global Cold War.