Artículos de revistas sobre el tema "International Covenant on the Rights of the Child"
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Emelonye, Uchenna. "Normative Evolution of Child Rights in Nigeria". Journal of Advance Research in Social Science and Humanities (ISSN: 2208-2387) 6, n.º 9 (30 de septiembre de 2020): 01–12. http://dx.doi.org/10.53555/nnssh.v6i9.870.
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The normative bedrock and corner-stone of modern human rights is the ‘International Bill of Rights’ (IBR) suspended by three-prong legs, one of which is the Universal Declaration of Human Rights (UDHR).[1] While the UDHR did not articulate any child-specific human rights provision, a deductive reading of the broad spectrum of rights guaranteed in the Declaration disposes it as one of the strongest normative frameworks for the protection of child rights. As ‘a first step in a great revolutionary process’, the UDHR was intended not to be a binding legal instrument but instead a declaration of basic principles of human rights and freedoms.[2]
In a bid to overcome the weaknesses of the UDHR and create a binding legal instrument, the United Nations Commission on Human Rights drafted a pair of binding covenants to complement the UDHR and constitute two of the three-prong stand of the IBR. They are the International Covenant on Civil and Political Rights (ICCPR)[3] and the International Covenant on Economic Social and Cultural Rights (ICESCR).[4] The ICCPR and ICESCR together with the UDHR form the IBR and jointly precipitated the expansion of international human rights standards in the form of treaties, declarations and conventions.
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Nkosi, Gugulethu. "The International Evolution of the Right of Children to Social Security". Southern African Public Law 30, n.º 2 (1 de diciembre de 2017): 484–503. http://dx.doi.org/10.25159/2522-6800/3590.
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This article seeks to provide an analysis of the right of children to social security as provided for in the various international legal instruments, and as assimilated in other legal documents. Furthermore, it argues that scarcity of resources prevents children from enjoying socio-economic rights, including the right to social security adopted through international instruments and entrenched in domestic laws. The Convention on the Rights of a Child provides for the right to social security in the event of lack of resources to benefit the child. So does the International Covenant on Economic, Social and Cultural Rights and the African Charter on the Rights and Welfare of the Child. In all the said legal instruments, the clauses on social security do not explicitly prescribe the rights that ought to be promoted through it. However, since the jurisprudence on socio-economic rights= emphasises the view that socio-economic rights are interrelated, interdependent and indivisible, it can also be safely said that through social security, beneficiaries, that is children, should be able to enjoy access to other socio-economic rights in general. Therefore, the significance of the right to social security as a means to address poverty and facilitate the development of children is explored.
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Rosen, John F. "Ingredients of Urban Pediatric Health Care: Fourth World Pediatrics". Pediatrics 97, n.º 6 (1 de junio de 1996): 898–99. http://dx.doi.org/10.1542/peds.97.6.898.
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The article by Fairbrother et al1 is an indictment of the quality of care provided to disadvantaged children in "Medicaid Mills" in New York City. The missed opportunities to immunize and to test for lead poisoning and tuberculosis represent misused opportunities that are avoidable and tragic. The International Covenant on the Rights of the Child was adopted by the United Nations (UN) General Assembly on November 19, 1989.2 This covenant stated the principle that children require safeguards and care, including the highest attainable standard of health and access to facilities to ensure that no child is deprived of her or his right to such health services.
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Redgwell, Catherine J. "Reservations to Treaties and Human Rights Committee General Comment No. 24(52)". International and Comparative Law Quarterly 46, n.º 2 (abril de 1997): 390–412. http://dx.doi.org/10.1017/s0020589300060486.
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On 2 November 1994 the Human Rights Committee adopted General Comment No.24(52) relating to reservations made on ratification or accession to the International Covenant on Civil and Political Rights. It is addressed to States party to the Covenant and indicates the manner in which reservations to Covenant guarantees will be treated. The fact that the Committee has issued a general comment on the topic of reservations is clear expression of the Committee's concerns regarding the number and scope of reservations which have been made. In its view these threaten to undermine the effective implementation of the Covenant as well as impair the performance of the Committee in respect of the subject matter to which the reservations apply. Though not as seriously afflicted by reservations as some other human rights treaties, most notably the Convention on the Elimination of Discrimination Against Women and the Convention on the Rights of the Child, the Covenant has nonetheless been the object of some sweeping reservations to which few objections have been made. There is the concern that the integrity of the Covenant may have been sacrificed in order to ensure widespread participation. “Indeed”, suggests Higgins, “one might almost say that there is a collusion to allow penetrating and disturbing reservations to go unchallenged.”
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Tabe, Simon Tabe. "Traditional Law and Discriminatory Customary Practices against Women in Cameroon: A Critical Perspective". African Journal of International and Comparative Law 28, n.º 3 (agosto de 2020): 418–31. http://dx.doi.org/10.3366/ajicl.2020.0321.
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This article highlights the cultural and traditional practices that continue to discriminate against women in Cameroon, given that gender equality has been recognised and guaranteed in the Constitution of Cameroon and all international human rights instruments which Cameroon has ratified, notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, the African Charter on the Rights and Welfare of the Child, and all other international and regional conventions and covenants relating to discrimination against women. The article points out that the status of a woman under traditional law is far less than that of a slave. A woman is regarded as an abominable object and subjected to harmful customary practices. Some customs still continue to affect the physical and psychological development of the village woman. It is suggested that the village woman should be empowered financially, economically and socially to fight against customary practices that violate their rights.
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Wind, Roos, Michel Vols y Berend Roorda. "The Child-specific Right to Adequate Housing in the Convention on the Rights of the Child". International Journal of Children’s Rights 31, n.º 2 (21 de junio de 2023): 444–70. http://dx.doi.org/10.1163/15718182-31020001.
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Abstract Millions of children live on the street or in inadequate housing. The failure of authorities to address these problems violates the right to adequate housing, as laid down in, inter alia, Art. 11(1) of the International Covenant on Economic, Social and Cultural Rights (icescr). Yet, deplorable living conditions make children even more vulnerable than adults, given the negative impact on their development. This calls for a child-specific right to adequate housing tailored to the needs of children. Although one might expect to find such a child-specific right in the Convention on the Rights of the Child (crc), little is known about the crc and housing. This paper is the first to unravel to what extent the crc stipulates a child-specific right to adequate housing and, if so, whether it offers children other entitlements than the general right to adequate housing laid down in Art. 11(1) icescr.
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Hanna, Amy y Gabriela Martinez Sainz. "“I Will Not Stand Aside and Watch. I Will Not be Silent”". International Journal of Children’s Rights 31, n.º 4 (4 de diciembre de 2023): 811–40. http://dx.doi.org/10.1163/15718182-31040002.
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Abstract Children are not typically considered as being “political”, but they do possess the right to freedom of association and peaceful assembly under international human rights instruments such as the International Covenant on Civil and Political Rights, and the UN Convention on the Rights of the Child. Nonetheless, a lack of commentary and jurisprudence on this right of children and young people has left it largely unexplored. This article presents the findings from a digital ethnography during the #FridaysForFuture and #ClimateStrikeOnline strikes in 2020 during which young people claimed their right to freedom of assembly both in person and online. Focusing on the right to freedom of assembly, we apply Bennett and Segerberg’s (2012) concept of “connective action” to conceptualise these rights for children and young people under the uncrc, and present a four-part model that captures young people’s exercise of their rights as “connect”, “express”, “collect” and “enact”.
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Alvarez, José E. "The Missing Global Right to Health". Proceedings of the ASIL Annual Meeting 116 (2022): 3–6. http://dx.doi.org/10.1017/amp.2023.3.
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The World Health Organization's (WHO) Constitution affirms, in its preamble, a fundamental and non-discriminatory right to health and health care. In doing so, it echoes a number of widely ratified treaties and other international legal instruments with a strong claim to having the status of customary international law, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the ILO Convention on Indigenous and Tribal peoples in Independent Countries, and the Standard Minimum Rules for the Treatment of Prisoners. Most recently, the Institut de Droit affirmed that same fundamental right in Article 4 of its September 2021 Resolution on Epidemics, Pandemics, and International Law.
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Schaaf, Robert W. "Compendium of United Nations Norms in Criminal Justice". International Journal of Legal Information 18, n.º 3 (1990): 221–23. http://dx.doi.org/10.1017/s0731126500006740.
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Included among the documentation prepared for the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana August 27-September 7, 1990, is an item that should be of interest to readers of this journal. This is a Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice. Issued with the date May 11, 1990, the document carries the symbol A/CONF.144/INF.2 and covers 140 pages. Part I on “Crime Prevention and Criminal Justice” includes the text of 22 norms and standards and runs to 80 pages. Part II, entitled “Human Rights,” is not detailed here, but includes the texts of the Universal Declaration of Human Rights and the two International Covenants—on Economic, Social and Cultural Rights and on Civil and Political Rights (instruments collectively known as the International Bill of Human Rights). Also included in Part II are the two optional protocols to the Covenant on Civil and Political Rights, the Convention against Torture, the recently adopted Convention on the Rights of the Child (see below) and two other norms concerning the rights of prisoners.
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Elmolla, Jazmine Hesham. "Birth Registration in Crisis: Exploring a Rights-Based Approach to Birth Registration through the Experience of Syrian Refugees". International Journal of Refugee Law 31, n.º 4 (diciembre de 2019): 541–66. http://dx.doi.org/10.1093/ijrl/eez043.
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Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights.
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Rahalus, Margareta, Josina Augustina Yvonne Wattimena y Irma Halimah Hanafi. "Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara". TATOHI: Jurnal Ilmu Hukum 2, n.º 9 (30 de noviembre de 2022): 896. http://dx.doi.org/10.47268/tatohi.v2i9.1429.
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Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.
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Moinipour, Shabnam. "The Islamic Republic of Iran and children’s right to education: acceptability & adaptability". Human Rights Education Review 4, n.º 2 (12 de mayo de 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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Kusmayanti, Hazar, Sonny Dewi Judiasih, Deviana Yuanitasari y Ramalinggam Rajamanicham. "Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India". SASI 30, n.º 2 (30 de junio de 2024): 234. http://dx.doi.org/10.47268/sasi.v30i2.2044.
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Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research: In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
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Hanafi, Haswaniza, Syamirah Rahuman Sadik, Anne Magdalene Pakianathan y Maheran Makhtar. "A Socio-Legal Study on Issues and Factors of Child Labour in Malaysia". Malaysian Journal of Social Sciences and Humanities (MJSSH) 9, n.º 6 (30 de junio de 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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Brems, Eva. "Ethiopia Before The United Nations Treaty Monitoring Bodies". Afrika Focus 20, n.º 1-2 (15 de febrero de 2007): 49–74. http://dx.doi.org/10.1163/2031356x-0200102004.
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Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.
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Wu, Jingjing. "Is China Playing by the Rules? — Assessing China’s Reservations to International Human Rights Treaties". Chinese Journal of International Law 19, n.º 2 (1 de junio de 2020): 253–81. http://dx.doi.org/10.1093/chinesejil/jmaa015.
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Abstract In this paper, I examine two substantive reservations China has made to international human rights treaties, namely China’s reservation to Article 8.1(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 6 of the Convention on the Rights of the Child (CRC), as well as the arguments China adopted to support them in the constructive dialogue between China and the two treaty committees. By positioning China’s reservations and its supporting arguments against the current criteria on making reservations to international human rights treaties, I argue that these two reservations are permissible and the arguments that support them are in general justifiable, all things considered. In conclusion, I reflect on China’s relationship with international human rights treaty bodies through the lens of reservations.
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Del Rosario Grimà Algora, María. "Women, Peace, and Security and Nationality Laws in the Syrian Conflict". LSE Law Review 4 (1 de junio de 2019): 74–103. http://dx.doi.org/10.61315/lselr.33.
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The right to nationality is enshrined in the Universal Declaration of Human Rights and various international and regional human rights treaties, including the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the European Convention on Nationality. Nationality provides a link to a specific state, and, more importantly, it constitutes the condition sine qua non for the deployment of an array of human rights. Yet, states are unwilling to fully defer to international law the determination of the right to a nationality. This, in combination with gender-based discrimination in nationality laws, can strip individuals their right to a nationality. In the case of Syria, women cannot pass on their nationality to their children born in exile, creating a generation of stateless children. This paper analyses how the Women, Peace and Security (‘WPS’) agenda of the Security Council offers a solution to this problem and to challenge Syrian nationality laws. WPS provides a gender perspective and a human rights approach to conflict and post-conflict situations, including displacement. Nationality rights are only merely tackled in the WPS resolutions. Nonetheless, WPS is a strong tool to address the issue of statelessness created by the intersection of gender discriminatory laws, displacement, and an incomplete human rights framework.
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Hretsa, S. M. "Regulatory mechanism for ensuring the fulfillment of human and civil responsibilities". Uzhhorod National University Herald. Series: Law, n.º 67 (16 de enero de 2022): 39–43. http://dx.doi.org/10.24144/2307-3322.2021.67.7.
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The article analyzes the norms of international human rights treaties of a universal nature, of which Ukraine is a member or participant. It has been proved that international human rights treaties of a universal nature are a structural element of the legal mechanism for ensuring the fulfillment of human and civil responsibilities. Among such international treaties are those that contain the responsibilities of man and citizen, as well as enshrine the need for the State party to create an effective regulatory mechanism to ensure the implementation of these responsibilities: the Universal Declaration of Human Rights (Article 1, Article 29), International Covenant on Civil and Political Rights (art. 19, art. 24), International Covenant on Economic, Social and Cultural Rights (Preamble), 1989 Convention on the Rights of the Child (art. 7). It is noted that the states parties to these international human rights treaties have undertaken to establish effective national mechanisms to ensure the fulfillment of the obligations of man and citizen enshrined in these treaties and must fulfill these obligations in good faith by improving national legislation (especially all - constitutional) and the practice of its application. Emphasis is also placed on the draft Universal Declaration of Human Responsibilities and its norms. It is argued that the structural elements of the legal mechanism to ensure the fulfillment of human and civil responsibilities are international law, general principles of law recognized by all nations, the following supporting sources: international court decisions, doctrinal works of the most qualified specialists in international law. It is stated that the performance of the duties of a person and a citizen should not contradict the goals and principles of the United Nations. It is concluded that international human rights treaties of a universal nature apply a universal approach to consolidating the responsibilities of man and citizen.
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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, n.º 79 (25 de octubre de 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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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, n.º 3 (30 de septiembre de 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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Grzejdziak-Przybyłowicz, Agnieszka. "Prawo do nauki. Prawa dziecka-ucznia". Studia Prawa Publicznego, n.º 4(20) (4 de diciembre de 2019): 95–126. http://dx.doi.org/10.14746/spp.2017.4.20.4.
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The subject matter of this article was the right to education with a particular regard to the rights of the child being a pupil and his/her right to personal treatment in the teaching and the whole educational process, the right to the open and motivated assessment of the progress in learning, the right to impact the school life via local government activities, as well as the right to the freedom of conscience and religion, and the right to recognise and preserve the national identity in the teaching process. The issue of pupil’s responsibilities, and in particular compulsory schooling and compulsory education, have also been raised. The article defi ned the right to education and placed it among other acts of international law – the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Declaration of the Rights of the Child, as well as the Convention on the Rights of the Child, known as the World Constitution of the Rights of the Child. In addition to the nature of the right to education, the subject matter of the consideration was also the principles and guarantees of its implementation, contained in the Basic Law. Their analysis led to the conclusion about the limited nature of the right of parents to bring up the child according to their own convictions, the implementation of which should be compatible with the welfare of the child and the constitutionally guaranteed right to receive education. An analysis of the regulations applicable in the prescribed scope statutory, and in particular in terms of universal and equal access to education have also been discussed. The refl ections presented in the article have been enriched with case law examples and judgments delivered by the European Court of Human Rights in Strasbourg, the Supreme Court, and the Common Courts. The analysis of the existing legal references, the doctrine, and the case law has allowed to reach a conclusion on the fundamental nature of the right to education, the implementation of which conditions the development of an individual and the full use of its rights.
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Vandenhole, Wouter. "Economic, Social and Cultural Rights in the CRC: Is There a Legal Obligation to Cooperate Internationally for Development?" International Journal of Children's Rights 17, n.º 1 (2009): 23–63. http://dx.doi.org/10.1163/157181808x358267.
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AbstractSeveral provisions of the Convention on the Rights of the Child contain references to international cooperation, sometimes in combination with a reference to the needs of developing countries. This article explores whether these references, in light of the interpretation given by the Committee on the Rights of the Child and of other human rights treaties which contain similar wording (in particular the International Covenant on Economic, Social and Cultural Rights and the Disability Convention), amount to a legal obligation to cooperate internationally for development in the field of economic, social and cultural rights. While it is not possible to establish the existence of a legal obligation to provide development assistance in general – which would amount to an extraterritorial obligation to fulfil – legal obligations to respect and protect economic, social and cultural rights of children in third countries do apply. Moreover, the CRC Committee has clarified some specific obligations of fulfilment for donor countries, such as, amongst others, the allocation of 0,7 per cent of GDP to development assistance, and the adoption of a rights-based approach to development cooperation, in which children's rights are mainstreamed.
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Serdyuk, Andriy, Nadija Polka, Natalia Medvedovska, Iryna Stovban y Mykola Kvach. "Analysis of initiatives for regulatory provision of formation, preservation and strengthening of reproductive health". JOURNAL OF THE NATIONAL ACADEMY OF MEDICAL SCIENCES OF UKRAINE, n.º 3 2021 (29 de octubre de 2021): 209–17. http://dx.doi.org/10.37621/jnamsu-2021-3-7.
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The article presents the results of studying the legal regulation of the right to reproductive health in Ukraine. The issue becomes relevant due to the growth of negative medical and demographic trends of negative natural growth, population aging, the spread of destructive behavioral stereotypes and poverty of the population of Ukraine, combined with environmental degradation and insufficient physical, territorial and economic availability of quality medical services. In such circumstances, the search for ways to overcome the identified trends, intensify the processes of population reproduction, strengthening its reproductive and labor potential becomes a priority. The aim of the study was a retrospective analysis of the legislative provision of reproductive health, reproductive rights and family planning, maternity protection as the basis for the formation of reproductive health in Ukraine. The materials for the study were domestic and foreign legal framework of legislative and policy documents of the UN, WHO, the World Medical Assembly and the World Bank on the problem. The research methods were: system analysis, bibliosemantic, content analysis. Results. The current norms of international legislation in the field of reproductive health are analyzed, starting with the Charter of Human Rights (Universal Declaration of Human Rights, 1948; International Covenant on Economic, Social and Cultural Rights, 1966; International Covenant on Civil and Political Rights ", 1966; Convention on the Rights of the Child, 1989), a number of treaties and protocols," International Convention on the Elimination of All Forms of Racial Discrimination ", 1961, revised in 1994. ; "Convention relating to the Status of Refugees", 1951, revised in 2002), numerous documents (declarations, covenants, agreements) relevant to the formation of reproductive health, determined the rights of every person and child to life, liberty, security, the highest attainable standard of physical and mental health, affordable health care, gender equality. Resolutions, regulations and declarations developed and approved by the World Medical Assembly (WMA), most of which have been ratified by Ukraine and adapted to the realities of the domestic legal framework in the current post-Soviet legal framework, have also been studied. During the years of independence in Ukraine there was an improvement of legislative regulation of the right to reproductive health in accordance with modern international standards and concepts, most initiatives for the development of this rule in Ukraine had international origins, especially regarding the legal right of every citizen families, opportunities for equal access to medical services in case of reproductive dysfunction, including the need for assisted reproductive technologies. The issues of legislative provision of women's health care before, during and after childbirth, prevention of sexually transmitted infections, reduction of abortions in combination with the program of actions with consolidation of the right of men and women to inform about the range of modern safe and means, contraception, infertility prevention and the possibility of using modern assisted reproductive technologies of family planning, were considered separately. Conclusions. The study concludes that domestic national legislation generally complies with the provisions of international legal acts of a universal nature, the legislative and regulatory framework in the field of reproductive health meets the established principles of public policy and European legislative initiatives ratified by Ukraine. Unstable financing of planned measures affects their effectiveness; state control over the implementation of legislation in this area is ineffective. The current moratorium on the planning and approval of national programs complicates the implementation of previously planned measures. The level of public awareness about the causes of reproductive problems, legislative reproductive rights and ways to prevent diseases remains low. Legal nihilism, combined with the spread of destructive behavioral stereotypes in society, contributes to the deterioration of reproductive health and the health of the general population. Key words: preservation and strengthening of reproductive health, family planning, normative-legal provision.
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Ćmikiewicz, Marta. "Realizacja prawa do prywatności w rozumieniu poszanowania życia rodzinnego i wykonywania opieki rodzicielskiej w warunkach ubóstwa. Uwagi na gruncie wybranych norm prawa międzynarodowego publicznego i Europejskiej konwencji praw człowieka". Studia Prawa Publicznego, n.º 1 (45) (15 de marzo de 2024): 135–57. http://dx.doi.org/10.14746/spp.2024.1.45.6.
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Interference in family life is a particular form of threat to poor families, especially when the only impetus for state action in the form of an interference in the right to privacy is the poor material situation of the family. The article reflects on the possible threats to the realisation of family life within the framework of the right to privacy established under public international law, in particular the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the European Convention on Human Rights (ECHR). In the view of the Human Rights Committee, the family should be oriented towards enabling the child to remain in the care of his or her parents or to return to their care or to other family members. The Committee on the Rights of the Child points out that the implementation of the right to privacy prohibits the recognition of material poverty as a basis and justification for taking a child out of parental care and into foster care. The European Court of Human Rights case law presented in the article confirms that children from poor families are at risk of being taken away from their parents and placed in foster care due to the financial status of the family, which may constitute a violation of the Article 8 of the ECHR. The fact that state authorities wrongly equate the lack of sufficient resources to support the family with child neglect poses a threat to the family life of poor individuals. Victims of violations of family bonds through harm to the private lives of family members should be protected under the human rights system. The following analysis makes it possible to identify the relevant problems from the point of view of the impoverished person or/and family, such as the questioning of parental capacity as a consequence of the erroneous equation of poverty with child neglect, or the withdrawal of the right to material assistance, all of which affect the realisation of family life, and further enables the identification of legal remedies for protection.
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Rіabovol, L. "FORMATION OF A SAFE SCHOOL ENVIRONMENT IN THE CONDITIONS OF ARMED CONFLICTS AS A REQUIREMENT / RECOMMENDATION OF THE UN". Scientific Notes Series Law 1, n.º 12 (octubre de 2022): 164–70. http://dx.doi.org/10.36550/2522-9230-2022-12-164-170.
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The article analyzes the documents of the United Nations (UN) (declarations, conventions, resolutions) to establish requirements / recommendations to create a safe school environment. It is established that the UN attaches great importance to the issue of full realization of the right to education and the creation of a safe school environment in general and in particular in armed conflicts and in the post-conflict period. This is confirmed by the developed set of documents enshrining the right to education (Universal Declaration of Human Rights (1948), International Covenant on Economic, Social and Cultural Rights (1973), Convention on the Rights of the Child (1989)), and emphasizing the importance of its full implementation (Resolution «Transforming our world: the 2030 Agenda for Sustainable Development» (2015)) and the need to create a safe school environment (Convention on the Protection of Civilian Persons in Time of War (1949), Resolution «The Right to Education in emergencies» (2010), the Declaration on the Safety of Schools (2015), the Resolution «International Day for the Protection of Education from Attacks» (2020), etc.). It was found that the UN considers the creation of a safe school environment as a condition for the full realization of the right to education, condemns attacks on educational institutions and those who study and work in them, because such attacks violate international humanitarian law and negatively affect the implementation the right to education and have serious negative consequences. The analysis of the relevant acts showed that the UN calls on the parties to armed conflicts to provide quality education at all levels, to create favorable conditions for education, a protected school environment, and to keep educational institutions as safe spaces for students and teachers. UN acts, such as the Resolution on the Rights of the Child (1997), reveal an important thesis – to prevent violations of children's rights in some countries it is not enough to ratify certain international instruments, to implement appropriate rules in national legislation to ensure effective social security measures, education and health of children, law enforcement and justice.
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Yakubovska, N. O. "INTERNATIONAL DEVELOPMENT COOPERATION — MORAL DUTY OR LEGAL OBLIGATION?" Наукові праці Національного університету “Одеська юридична академія” 12 (6 de mayo de 2019): 273–82. http://dx.doi.org/10.32837/npnuola.v12i0.234.
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The article finds the answer to the question whether under international law states are obliged to cooperate in development. The analysis of the texts of relevant multilateral treaties and state«s practice has confirmed that states obligation to cooperate in the development stems from the UN Charter, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, as well as customary international law. It was concluded that the provisions of the relevant international legal instruments are of a general nature and do not define precisely states« duties in the field of development cooperation.
Статтю присвячено пошуку відповіді на питання, чи зобов'язані держави згідно з міжнародним правом співробітничати в цілях розвитку. У статті проведений аналіз текстів відповідних багатосторонніх міжнародних договорів і практики держав. Підтверджено, що обов'язок держав співробітничати в цілях розвитку випливає зі Статуту ООН, Міжнародного пакту про економічні, соціальні і культурні права, Конвенції' про права дитини, Конвенції' про права інвалідів, а також звичаєвих норм міжнародного права. Зроблено висновок, що положення відповідних міжнародно-правових актів носять загальний характер і не визначають конкретні обов'язки держав у сфері співробітництва в цілях розвитку.
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Heathcote, Louisa Elsie. "Chemical Castration: Limiting an Absolute Human Right". IKAT: The Indonesian Journal of Southeast Asian Studies 3, n.º 2 (23 de marzo de 2020): 201. http://dx.doi.org/10.22146/ikat.v3i2.52282.
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In 2016, the Indonesian government enacted Government Regulation in Lieu of Law Number 1 of the year 2016, adapted into Law number 17 of the year 2016. This regulation introduces chemical castration as a criminal sanction for child sex offenders, spurring human rights concerns. This article aims to assess whether chemical castration constitutes cruel, inhuman, or degrading treatment from the perspective of Article 7 of the International Covenant on Civil and Political Rights and whether such a human rights violation can be justified. This article employs the normative research method, studying principles of law, systems of law, the synchronization of the law, the history of the law and policies, and laws in comparison to one another. The article bases its findings on laws, books, journals, judgments, and other documents.This article finds that firstly, chemical castration constitutes cruel, degrading, or inhuman treatment and secondly, that such a violation can be justified according to the limitations of human rights. The significance of this article is the basis for the increased limitation of human rights to advance the cause of child protection.
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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, n.º 80 (20 de enero de 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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Ibrokhimova, Zulkhumor. "The conception of crimes against the family in the Criminal Code of the Republic of Uzbekistan". Jurisprudence 1, n.º 1 (12 de marzo de 2021): 46–53. http://dx.doi.org/10.51788/tsul.jurisprudence.1.1./eraq9604.
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This article reveals an analysis of the legal framework for criminal liability for committing intentional acts against the interests of the family, considers the concept of crimes against the family, the classification of crimes of this category, based on various criteria. The author notes the introduction of responsibility for crimes against the family on the basis of such international legal acts, including the provisions of the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, and the 1989 UN Convention on the Rights of the Child. According to the Universal Declaration of Human Rights (p. 3 of Art. 16) and the International Covenant on Civil and Political Rights (p. 1 of Art. 23), since the family is a natural and fundamental unit of society and has the right to protection from society and the state. In considering the problems of responsibility of crimes committed against the interests of the family, the author applied such methods of scientific knowledge as analysis of legal norms, analysis of statistical data and materials of criminal cases, comparative legal analysis, as well as logical methods in the form of analysis, synthesis, etc. Based on this analysis, it was concluded that in Chapter 5 of the Criminal Code, for the first time, the consolidation of the norms on crimes was carried out, the main object of which is social relations that ensure the normal development and upbringing of minors, as well as the correct one that meets the needs of the individual and society. In the course of considering theoretical views on the classification of this kind of crimes, the author singled out the types of subdivision most often found in the scientific literature into two subgroups: crimes against the family and crimes against minors. Taking into account the critical analysis, based on the current criminal legislation of the Republic of Uzbekistan, the author identified groups of crimes that infringe on the family structure, the interests of the family, as well as a group of crimes aimed at obstructing the moral, moral, mental, physical development of minors (Art. 122, 124 , 125 UK); crimes that undermine kinship and family foundations in society.
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Vlašković, Veljko. "PRAVO DETETA NA SLOBODU VEROISPOVESTI U KONTEKSTU RODITELjSKOG PRAVA NA VASPITAVANjE I OBRAZOVANjE DETETA". Glasnik prava IX, n.º 2 (2018): 67–83. http://dx.doi.org/10.46793/gp.0902.067v.
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The right of the child to freedom of religion belongs to a group of child's participation rights that is of exceptional importance both in terms of child's development and in the context of the identity of a child. However, this right has less legal and practical scope than other child's participation rights. The basic reason for limited range of the child's right to freedom of religion is that the mentioned right is primarily exercised within the legal space in which parents exercise the right to raise and provide education to a child. Simultaneously, the right of the child to freedom of religion has external limitations set by the rights and interests of third parties, as well as the interests of wider social environment. The child's right to freedom of religion comprises two distinctive elements which may be referred as internal and external element of the right. Thus, the internal element of the right includes freedom to have or to adopt a religion or belief of his/her choice. On the other hand, the external component of this right involves freedom to manifest his/her religion or belief in worship, observance, practice and teaching. The United Nations Convention on the Rights of the Child explicitly recognises only external element of the child's right to freedom of religion. That is why the content of this right should be primarily determined in the line with the European Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol No. 1 to this Convention and International Covenant on Civil and Political Rights that offer more complete approach to the right to freedom of religion. Generally, The UN Committee on the Rights of the Child is more reluctant to suggest stronger application of the child's right to freedom of religion at the expense of parental responsibility comparing to cases when other participation rights of a child are at stake. To be more precisely, the closer determination of this right is left to national legislations. Therefore, three different approaches to the scope of a child's rights to freedom of religion may be distinguished in terms of national laws. The first approach may be designated as paternalistic one since the child's right to freedom of religion is primarily subordinated to parental rights to raise and provide education to a child. Unlike this approach, dogmatic standpoint implies the existence of official and dominant religion where parents are obliged to raise their child in accordance with religious rules. From the child rights-based aspect, the most adequate standpoint is to adopt participatory approach where the child of certain age is empowered to fully exercise the right to freedom of religion. Concerning parental rights to provide religious education to their children, it is important to consider case law of the European Court of Human Rights in respect to state interference with the one's right to manifest his/her religion or belief. It may be concluded that a state does not have a duty to provide educational program that will correspond to each and every parent's desire.
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Bhardwaj, Chhaya. "Ioane Teitiota v New Zealand (advance unedited version), CCPR/C/127/D/2728/2016, UN Human Rights Committee (HRC), 7 January 2020". Environmental Law Review 23, n.º 3 (septiembre de 2021): 263–71. http://dx.doi.org/10.1177/14614529211039469.
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A 2019 decision by the Human Rights Committee concerning the status of Teitiota and his family as “climate change refugee” in New Zealand has become a hotspot for discussion concerning application of the principle of non-refoulement under human rights treaties. The decision concludes that there may be circumstances where the principle of non-refoulement under human rights treaties may apply to people fleeing climate change in their country of origin, if the people are able to provide evidence on “imminent threat to life.” While the Committee did not recognize Teitiota and his family as climate change refugees, under Article 6 of the International Covenant on Civil and Political Rights, it also ruled that this case may open pathways for application of non-refoulement in future. The author analyzes the key elements of the decision, while also highlighting that the Committee failed to apply the “best interest of the child” principle under analysis of Article 6.
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Mavrov, Momchil. "INTERNATIONAL PROTECTION OF THE RIGHT OF EQUAL ACCESS TO HEALTH CARE OF PEOPLE WITH DISABILITIES". Knowledge International Journal 28, n.º 6 (10 de diciembre de 2018): 2057–61. http://dx.doi.org/10.35120/kij28062057m.
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The right to equal access to health care is a fundamental irrevocable right for every person which should be guaranteed in every legal system. It is clear from the established international standards in the field of health that the right of access to healthcare guarantees universal access on an equal basis to really available quality and acceptable health services and health facilities. According to the World Health Organization, access to health services also includes health promotion and disease prevention. In regard to people with disabilities and disadvantaged people, ensuring effective access to healthcare is extremely important, in mind their vulnerability and increased need for moral, social and financial support. The international community has always paid serious attention to the protection of the fundamental rights and freedoms of people with disabilities, especially their health care rights. Evidence for this positive policy is the many legal acts adopted within the United Nations system and within the European Union.The most important of these acts are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, all adopted by the United Nations, as well as the Charter of Fundamental Rights of the European Union, the European Disability Strategy and other European acts. The listed legal instruments proclaim the right of every person to the highest attainable standard of health and as an element of it is protected and the right to equal access to quality health care for all persons.At the same time with creating an appropriate legal framework to protect the health rights of people with disabilities, specialized bodies have been set up within the United Nations system and within the European Union to monitor and control the implementation of international treaties. This approach of the international community deserves support, as only the introduction of comprehensive and adequate measures could provide for a sufficiently high level of protection of the rights of persons with disabilities, who as full citizens of society should have equal and appropriate conditions for full exercising their subjective health rights, without discrimination on the basis of their disability.
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Itasari, Endah Rantau. "Perlindungan Hukum Terhadap Hak Pendidik Di Wilayah Perbatasan Indonesia Dan Malaysia". Media Komunikasi FPIPS 19, n.º 2 (31 de agosto de 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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O'Sullivan, Maria. "‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia". Netherlands Quarterly of Human Rights 23, n.º 2 (junio de 2005): 243–72. http://dx.doi.org/10.1177/016934410502300204.
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This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.
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Susanto, Fransiska Ayulistya. "PERLINDUNGAN HAK ASASI MANUSIA BAGI PENGUNGSI DI NEGARA NON-ANGGOTA KONVENSI STATUS PENGUNGSI 1951 [Human Rights Protection for Refugees in Non-Member Countries of the 1951 Refugee Status Convention]". Law Review 20, n.º 2 (26 de noviembre de 2020): 169. http://dx.doi.org/10.19166/lr.v20i2.2689.
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<p><em>Refugee problems become global problems not only for destination country but also for the transit or non-parties country on Status of Refugees Convention 1951. The problem arises when the transit or non-parties country ignore the existence of the refugees in their territory consequently, many refugees could only depend on their protection under UNHCR help. Even if, the territorial state is not the party of 1951 convention, however, they still have responsibility under another Human Rights Convention to give protection to the refugees. Therefore, how far the refugees shall be protected under the transit territory? This article will have analyzed minimum protection under Human Rights instruments and Customary International Law that could give to the refugees. Under the International Covenant on Civil and political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on The Rights of the Child and Customary International Law, the state territory shall give protection without any discrimination to the refugees, even if they are not the party of 1951 convention. Even though, the protection that refugees get from transit state slightly different than protection from state parties, however, they shall get to be protected.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Masalah pengungsi sudah menjadi permasalahan global yang tidak hanya berpengaruh terhadap negara tujuan saja, namun juga pada negara transit atau negara yang bukan merupakan negara anggota Konvensi Status Pengungsi 1951. Masalah timbul saat negara-negara transit atau negara non-anggota mengabaikan keberadaan pengungsi di teritori negara mereka, sehingga banyak pengungsi yang hanya menyandarkan nasibnya di tangan bantuan UNHCR. Meskipun negara teritorial bukan merupakan negara anggota Konvensi Status Pengungsi 1951, namun mereka seharusnya tetap memberikan perlindungan kepada pengungsi. Pertanyaannya, seberapa jauh negara harus memberikan perlindungan kepada pengungsi? Artikel ini akan menganalisis perlindungan minimal di bawah Hak Asasi Manusia yang harus diberikan negara non-anggota kepada pengungsi yang ada di wilayahnya. Menurut Konvenan tentang Hak-Hak Sipil dan Politik, Konvenan Hak-Hak Ekonomi, Sosial dan Budaya, serta Konvensi Perlindungan Anak dan juga hukum kebiasaan internasional, negara teritorial haruslah memberikan perlindungan tanpa diskriminasi kepada pengungsi, meskipun negara teritorial tidak menjadi para pihak dari Konvensi Status Pengungsi 1951. Meskipun perlindungan yang diberikan kepada pengungsi oleh negara transit sedikit berbeda jika dibandingkan perlindungan dari negara anggota konvensi, mereka tetap harus mendapatkan perlindungan.</p>
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Akattu, Enock. "Realization of the Right to Education". Msingi Journal 1, n.º 1 (4 de septiembre de 2018): 3–39. http://dx.doi.org/10.33886/mj.v1i1.66.
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This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya
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Majcher, Izabella. "GCM Objective 13: In Search of Synergies with the UN Human Rights Regime to Foster the Rule of Law in the Area of Immigration Detention". Laws 11, n.º 4 (23 de junio de 2022): 52. http://dx.doi.org/10.3390/laws11040052.
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Reflecting the focus of this Special Issue on “Rule of Law and Human Mobility in the Age of the Global Compacts,” this article contributes to the discussion on the threats to the rule of law posed by immigration detention through the lens of the Global Compact for Safe, Orderly and Regular Migration (GCM). In GCM’s Objective 13, states committed to use immigration detention only as a measure of last resort, work towards alternatives and draw from eight sets of actions to realise this commitment. Given the attention the GCM attracts, its nonbinding character and the voluntary nature of its review can be used by states as justification for their inadequate implementation of binding human rights obligations and insufficient reporting on implementation to the supervising bodies. While acknowledging these challenges to the rule of law, this article explores the ways the GCM can actually foster the rule of law in the area of immigration detention. To strengthen the rule of law principles of legality, legal certainty, prohibition of arbitrariness, access to justice and the right to an effective remedy, Objective 13 needs to support a binding human rights regime by preventing arbitrary detention and its implementation at the domestic level. The article discusses the interplay between Objective 13 on the one hand, and, on the other, the International Covenant on Civil and Political Rights, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and Convention on the Rights of the Child at three levels—the detention provisions, the support provided to states for the implementation of these provisions and the monitoring of states’ implementation—and it proposes means to strengthen the synergies between the two frameworks.
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Adjei, Justice Sir Dennis. "Freedom of Expression and its Legal Consequences in the Era of Social Media". Amicus Curiae 5, n.º 3 (1 de julio de 2024): 564–91. http://dx.doi.org/10.14296/ac.v5i3.5712.
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Freedom of expression has become a household phrase, but its meaning is deeper than first appears, as found in some international instruments and national laws. The Universal Declaration of Human Rights, the first human rights instrument adopted by the United Nations (UN) General Assembly Resolution in Paris on 10 December 1948 to abate human rights violations and atrocities after the Second World War, addressed freedom of expression as one of the touchstones of democracy. Presently, all 192 member states of the United Nations have signed up to it, by virtue of the other UN treaties they have signed, even though it was intended to be a soft law. The Declaration was signed as a soft law to be respected but was without binding force. however, through the passage of time, it has become a customary international law with binding force. Freedom of expression, which is an inalienable right, permits human beings, among other things, to seek information, and if received, the recipient may impart the same through any media, regardless of frontiers, to inform and educate people about their rights. The importance of freedom of expression is that it is one of the pillars of human rights and is found in all the relevant international and regional human rights instruments. The international human rights instruments that have provisions on freedom of expression are: the International Covenant on Civil and Political Rights (ICCPR), which came into force on 23 March 1976, after it had been adopted for signature, ratification and accession by the UN General Assembly on 16 December 1966; the International Convention on the Elimination of All Forms of Racial Discrimination, which was adopted by the UN General Assembly on 21 December 1965; and the Convention on the Rights of the Child, which was adopted by the UN General Assembly on 20 November 1989 and came into force in September 1990. All three regional human rights instruments have recognized freedom of expression as an indispensable part of human rights and have provisions for it. The three regional human rights instruments are: the European Convention on Human Rights (ECHR), which was signed in Rome in 1950 and came into force on 3 September 1953; the African Charter on Human and Peoples’ Rights 1981 (ACHPR), which came into force on 21 October 1986; and the American Covenant on Human Rights (ACHR), which was adopted in 1969 and came into force on 18 July 1978. Freedom of expression is also recognized by the Declaration of Human Rights Defenders, which came into force in 1998 to protect human rights defenders within the context of their work. The rights specifically mentioned in the declaration include freedom of expression. There are also national laws on freedom of expression. The position of Ghana is contained in Article 21 of the Constitution of Ghana 1992, which guarantees freedom of speech and expression, which include freedom of the press and other forms of media such as social, print and electronic media. The article shall address the limitations placed on freedom of expression, even though it appears to be absolute when one reads Article 19 of the Universal Declaration of Human Rights. Article 19 of the ICCPR seems to suggest that freedom of expression is not absolute, and a person who seeks information may impart it through any media, including social media, upon receipt of the same, provided the information put out on media, including social media, is within the limitations placed on freedom of expression. Article 9 of the ACHPR also suggests that the right to receive information is absolute, but the right to express and disseminate opinion shall be within the law prescribed by the member states. Freedom of expression is a term of art and such freedom may be expressed in the form of writing, orally, print, or any other form of art or pictorial representation, and the limitations are placed on any of the modes and forms of expression stated above. Article 13 of the ACHPR prescribes criminal punishment for a person who goes beyond the limitations placed on freedom of expression with the aim of protecting public order, social order, national security, public health, public morality, and respecting the rights or reputations of others. The article aims to discuss all the limitations imposed on freedom of expression, including those punishable either civilly or criminally, or both, for the purposes of respecting the rights of others and not defaming or slandering another person, protecting national security, public order, public health, or morality. The recent trend of events is that people go on social media to defame others, violate their rights, cause fear and panic, and publish information about security threats, public order, and morality with impunity under the guise of freedom of expression. Social media, as a set of interactive internet applications, facilitates the creation, curation and sharing of the contents of information created either by individuals or in collaboration with others, and at the moment it seems to be the fastest form of media. The article shall discuss freedom of expression and its limitations from different human rights instruments and domestic statutes in respect of sanctions that can be imposed on a person who goes beyond their rights to violate the rights of others or defame others, or on a person who has published material that would affect the security of the state, public order, public health, or morals. It shall further discuss the forum where an action may be brought against the person who violates the rights of others in the name of freedom of expression and the appropriate forum where a person charged with an offence under it may be prosecuted. Keywords: admissibility of evidence; communication; African Charter on Human and Peoples’ Rights; criminalization of freedom of expression; documentary information; freedom of expression; International Covenant on Civil and Political Rights; limitations on freedom of expression; social media; Universal Declaration of Human Rights.
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Dennis, Michael J. "Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation". American Journal of International Law 99, n.º 1 (enero de 2005): 119–41. http://dx.doi.org/10.2307/3246094.
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Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The Court indicated that the obligations assumed by Israel under the International Covenants on Civil and Political Rights (ICCPR) and on Economic, Social and Cultural Rights (ICESC), and the Convention on the Rights of the Child (CROC) applied in the occupied territories and that the construction of the security barrier constituted “breaches” by Israel of various of its obligations under these instruments.
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Erdem Turkelli, G., W. Vandenhole y A. Vandenbogaerde. "NGO Impact on Law-making: The Case of a Complaints Procedure under the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child". Journal of Human Rights Practice 5, n.º 1 (6 de febrero de 2013): 1–45. http://dx.doi.org/10.1093/jhuman/hus034.
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MANGORA, Т. "Legal regulations against human trafficking". INFORMATION AND LAW, n.º 2(41) (27 de junio de 2022): 154–63. http://dx.doi.org/10.37750/2616-6798.2022.2(41).270382.
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Legislative support for combating human trafficking is represented by such documents as the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties of 2.12.1949, the International Covenant on Civil and Political Rights of 16.12.1966, the Convention on the Elimination of All Forms of Discrimination against Women. December 18, 1979, Declaration of European Recommendations on Effective Measures to Prevent Trafficking in Women for the Purpose of Sexual Exploitation, 1997, Council of Europe Joint Action Document, 1997, UN Convention against Transnational Organized Crime, November 15, 2000, Protocol on the prevention, prevention and punishment of trafficking in human beings, especially women and children, the Recommendation of the Committee of Ministers of the Council of Europe “On sexual exploitation, pornography, prostitution and trafficking in human beings and adolescents” and others. National anti-trafficking legislation includes: the Constitution of Ukraine, the Criminal Code of Ukraine, the Laws of Ukraine: “On Combating Trafficking in Human Beings”, “On Preventing and Combating Domestic Violence”, the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016. № 111 “On approval of the State Social Program to Combat Trafficking in Human Beings until 2020”, Order of the Ministry of Education and Science of 08.04.2016 № 405 “On approval of the action plan of the Ministry of Education and Science to combat trafficking in human beings until 2020”.Modern international legal regulation of combating trafficking in human beings includes a fairly large array of various legal acts, including: the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties, the UN Convention on Transnational Crime and the Protocol to Prevent and Suppress trafficking in human beings, especially women and children, and the ILO Convention, the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, etc. And although international norms are quite clear, there are still gaps in that implementation. Yes, the Palermo Protocol calls for a comprehensive approach to combating human trafficking, but it is still not fully implemented. States often try to combat trafficking only in terms of migration or solely in terms of combating crime on their territory, but such a shameful phenomenon as human trafficking is unfortunately a global problem and must be addressed systematically and jointly. States must recognize and implement all international treaties relating to trafficking in human beings in order to make every effort to combat this problem. Ukraine has launched a large-scale anti-trafficking campaign in the post-Soviet space. Since independence, national legislation aimed at eliminating trafficking in human beings has been developed based on international best practices, and a set of measures to improve the effectiveness of combating the threat of trafficking and ensuring the security of the country's population has been implemented within the framework of state programs to combat trafficking and illegal migration. In order to minimize the phenomenon of human trafficking, efforts are being consolidated at the regional and interagency levels by strengthening international cooperation and implementing best practices.
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Luna, Alden Reuben. "Distorting boundaries, amalgamating perspectives: A proposed integration of international law on protection of refugees and stateless persons in higher education curricula". Bedan Research Journal 7, n.º 1 (30 de abril de 2022): 278–317. http://dx.doi.org/10.58870/berj.v7i1.41.
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The United Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights, are endowed with reason and conscience and should act towards one another in a spirit of brotherhood (Article 1),” and are “entitled to all the rights and freedoms outlined in (said) Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. (Article 2)” This formal declaration is supposed to be a simple institutionalization of a generally recognized realism – those human beings are born with inherent dignity, from which fundamental basic human rights flow and which provides reasonable justification for fostering justice and equality despite each person’s individuality. It is an affirmation that amidst personal and cultural divergences, human beings are called upon to respect each other primarily on account of their shared humanity, and not based on wealth, power, educational background, race, gender, and other social clusters – to treat each other fairly without discrimination. However, while the aforementioned international convention narrates a chronicle filled with beautiful social expectations, reality may be chanting a different narrative. Across different epochs, stories of horrifying violations of human rights have reverberated throughout the world. The infamous holocaust during the 2nd World War, the genocide of the Tutsis in Rwanda, and the martial law defilements during the Marcos regime in the Philippines are just some of the many horrific instances of human rights violations that have shocked humanity. One of the more prominent reasons for the occurrence of different human rights violations is deleterious discrimination – the arrogant sense of superiority that some assert over others, the conceited belief of being entitled with a guaranteed place atop the zenith of societal hierarchies at the detriment of those who do not share the same shade, nook or status. To address these discriminatory leanings of different cultures and States and provide international legal frameworks for ensuring that basic human rights are genuinely protected and promoted, the United Nations (U.N.) was created. To realize the objectives for its establishment, sundry international conventions have been crafted, negotiated, issued, and implemented. In the area of human rights protection, the primordial international convention is the UDHR. Two social groups that suffer from significant discrimination as to their capacity to properly enjoy and exercise basic human rights are refugees and stateless persons, which are governed by the 1951 United Nations Convention Relating to the Status of Refugees, and its 1967 Protocol, and the 1954 Convention Relating to Status of Stateless Persons, respectively. Because of their conditions and contextual situations, they are very vulnerable to being discriminated against and abused. This humanitarian crisis has been haunting the worldfor decades already and has also been knocking at the doorsteps of the Philippines in recent times, whose presence in the country has been rapid. Unfortunately, very few are aware of their existence, much less care about the predicaments and struggles of refugees and stateless persons worldwide and in the Philippines. It is in this context that the researcher is proposing the integration of international law on human rights, particularly that which relates to the protection of refugees and stateless persons, in the curriculum of higher education institutions (HEIs) in the Philippines.ReferencesAssociation of Southeast Asian Nations (2022). The Regional Comprehensive Economic Partnership, https://asean.org/?static_post=rcep-regional-comprehensive -economic-partnershipCommission on Higher Education (2012). Policy-Standard to Enhance Quality Assurance (QA) in Philippine Higher Education through an Outcomes-Based and Typology-Based QA. CHED Memorandum No. 46 series 2012. https://ched.gov.ph/wpcontent/uploads/2017/10/CMO-No.46-s2012.pdfCommission on Higher Education (2013). General Education Curriculum: Holistic Understandings, Intellectual and Civic Competencies. CHED Memorandum No. 20, 2013. https://ched.gov.ph/wpcontent/uploads/2017/10/CMO-No.20-s2013.pdfConcern Worldwide USA. https://www.concernusa.org/story/largestrefugee-crises.Davis, O. (Trans.). (2004). The World of Perception, Routledge.Department of Justice. (1998). Establishing a Procedure for Processing Applications for the Grant of Refugee Status. Department Order. No. 94, 2. 1998. https://www.refworld.org/docid/3ede2d914.html.Department of Justice. (2012). Establishing the Refugees and Stateless Status Determination Procedure Department. Circular No. 058, s. 2012. https://www.refworld.org/docid/5086932e2.htmlDepartment of Labor and Employment (2012). Revised Rules for the Issuance of Employment Permits to Foreign Nationals. DOLE Circular No. 120-12, 2012. https://www.dole.gov.ph/news/department-order-no-120-12-amending-certain-provisions-of-department-order-no-97-09/Department Order no. 186 s. 2015. https://www.dole.gov.ph/php_assets/uploads/2017/11/DO-186-17-Revised-Rules-For-The-Issuance-Of-Employment-Permits-To-Foreign-Nationals.pdfDOLE-DOJ-BI Joint guidelines on the issuance of work and employment permits to foreign nationals, s. 2019Edie, J. (Ed., Trans.). (1964) The primacy of perception and its philosophical consequences, The Primacy of Perception and Other Essays on Phenomenological Psychology, the Philosophy of Art, History and Politics, Northwest University Press.Executive Order No. 459, s. 1997. Official Gazette. https://www.officialgazette.gov.ph/1997/11/25/executive-order-no-459-s-1997/Fisher, A. (Trans.). (1963). The Structure of behavior, Beacon Press.Gray, R. (n.d.). Lies, propaganda and fake news: A challenge for our age (BBC), citing Paul Resnick, Professor of Information at the University of Michigan, and Will Moy, Director of Full Fact, https://www.bbc.com/future/article/20170301-lies-propagandaand-fake-news-a-grand-challenge-of-our-age.Heidegger, M. (1977) The questions concerning technology.Hinman, L. Ethics. Wadsworth.History. United Nations, https://www.history.com/topics/world-warii/united-nations.Institute on statelessness and inclusion, Statelessness in numbers: 2020. Langer, M., (1989). Merleau-Ponty’s phenomenology of perception: A guide and commentary. The Macmillan Press Ltd.Lowe, V. (2007). International Law. Oxford University Press. Mercy corps. https://www.mercycorps.org/blog/worlds-5-biggestrefugee-crises.Merleau-Ponty, M. (1964). The primacy of perception and other essays on Phenomenological Psychology, the philosophy of art, history and politics, (An Unpublished Text), edited by James M. Edie. trans. Arleen B. Dallery. Northwest University Press.Republic Act no. 7610. (1992). Special Protection of Children Against Abuse, Exploitation and Discrimination Act https://pcw.gov.ph/republic-act-7610-special-protection-ofchildren-against-abuse-exploitation-and-discrimination-act/Republic Act No. 9208. (2003). Official Gazette. https://www.officialgazette.gov.ph/2003/05/26/republic-act-no-9208/Republic Act No. 9745 (2009). Official Gazette. https://www.officialgazette.gov.ph/ 2009/11/10/republic-act-no-9745/Republic Act No. 8329. (1997). https://www.officialgazette.gov.ph/1997/06/30/republic-act-no-8329/Republic Act no. 10172. A.O. No. 1, s. 1993. (2012). Rules and regulations governing the implementation of republic act no. 10172. A.O. No. 1, s. 1993. Official Gazette. https://www.officialgazette.gov.ph/2012/10/24/ irr-nso-administrative-orderno-1-s-2012/Republic Act No. 11767. (2022). Official Gazette. https://www.officialgazette. gov.ph/2022/05/06/republic-act-no-11767/Shaw, M. (2017). International Law, 8. Cambridge University Press.Spiegelberg, H. (1976). The Phenomenological movement, 2(2) The Netherlands: Martinus NijhoffSupreme Court of the Philippines. (2022). Rule on facilitated naturalization of refugees and stateless persons. https://sc.judiciary.gov.ph/24524/The Constitution of the Republic of the Philippines (1987) https://www.officialgazette.gov.ph/constitutions/1987-constitution/The Refugee convention. (1951). The Travaux preparatoires analyzed with a commentary by Dr. Paul Weis. https://www.unhcr.org/4ca34be29.pdfUnited Nations Department of Economic and Social Affairs Disability (2022). Convention on the Rights of Persons with Disabilities (CRPD) https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.htmlUnited Nations High Commissioner for Refugees (1951) United Nations Convention relating to the status of refugees. https://www.unhcr.org/1951-refugee-convention.htmlUnited Nations High Commissioner for Refugees (1954) Convention relating to status of stateless persons https://unhcr.org/ibelong/wpcontent/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdfUnited Nations High Commissioner for Refugees (1961) Convention onthe reduction of statelessness https://unhcr.org/ibelong/wpcontent/uploads/1961-Convention-on-the-reduction-of-Statelessness_ENG.pdfUnited Nations Human Rights (1965). International convention on the elimination of all forms of discrimination (CERD). General Assembly resolution 2106 (XX) https://www.ohchr.org/en/instrumentsmechanisms/instruments/international-convention-eliminationall-forms-racialUnited Nations Human Rights (1966). International covenant on civil and political rights (CCPR). General Assembly resolution no. 2200A (XXI). https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rightsUnited Nations Human Rights (1966). International covenant on economic, social and cultural rights (CESCR). General Assembly resolution no. 2200A (XXI). https://www.ohchr.org/en/instruments-mechanisms/ instruments /international-covenanteconomic-social-and-cultural-rightsUnited Nations Human Rights (1979). Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). UnitedNations General Assembly. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-allforms-discrimination-against-womenUnited Nations Human Rights (1984). Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly resolution no. 39). https://www.ohchr.org/en/instruments-mechanisms /instruments/convention-against-torture-and-other-cruel-inhuman-ordegradingUnited Nations Human Rights (1989). Convention on the Rights of the Child (CRC). General Assembly resolution 44. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention- rights-childUnited Nations Human Rights (1990). International convention on the protection of the rights of all migrant workers (CMW) General Assembly resolution 45/158. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-rights-all-migrant-workersUnited Nations. Peace, dignity,and equality on a healthy planet. Statute of the International Court of Justice. https://www.un.org/en/aboutus/un-charter/statute-of-the-international-court-of-justiceUnited Nations High Commissioner for Refugees UNHCR, https://www.unhcr.org/philippines.html.United Nations High Commissioner for Refugees UNHCR, #IBelong, https://www.unhcr.org/ibelong/global-action-plan-2014-2024/United Nations High Commissioner for Refugees UNHCR, Nationality and Statelessness, Handbook for Parliamentarians.United Nations High Commissioner for Refugees UNHCR, Ukraine Refugee Situation, Operational Data Portal, https://data.unhcr.org/en/situations/ukraine.United Nations High Commissioner for Refugees UNHCR USA, https://www.unhcr.org/en-us/the-global-compact-on-refugees.html.
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Navabinejad, Shokoh. "Chief-Editor's Note: The role of the family in child education". Applied Family Therapy Journal 4, n.º 3 (2023): 1–2. http://dx.doi.org/10.61838/kman.aftj.4.3.1.
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The family has the most critical, valuable, and effective roles among all institutions, organizations and social institutions. The family is the most natural and legitimate unit of reproduction and the most comprehensive social unit. The family has educational and social importance. People step into the realm of existence from the family and in the family, and society also comes from the formation of individuals. Therefore, it is one of all society’s main pillars and symbols. The normality or abnormality of society depends on the general conditions of the families, and none of the social harm occurs without the influence of the family. The main and obvious role of the family is reproduction and the transfer of cultural and religious values and heritage from one generation to another. Raising the generation and, providing basic human needs and creating psychological, emotional and social balance in the members are among the importance of the family. In Islam, the family is considered a solid foundation and a fundamental social institution. The family is established through marriage as a contract based on rights and laws based on death and mercy. Forming a family is a covenant and a commitment between a man and a woman, whose purpose is to provide human needs and peace and tranquility to each other. Parenting is mandatory and a social necessity. It is a skill that we must learn before having children so that parent-child relationships are formed properly. Parenting is a set of methods that parents use for the growth and development of their children. The methods play a role in satisfying the needs, learning, behavior, performance, way of thinking, communication, and raising their child. Therefore, it can be said that learning the skills of growth in child rearing is one of the primary and vital foundations of raising children.
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Kaur, Navdeep. "AWARENESS OF RIGHT TO EDUCATION AMONG SECONDAY SCHOOL TEACHERS". JOURNAL OF SOCIAL SCIENCE RESEARCH 6, n.º 2 (27 de diciembre de 2014): 1004–8. http://dx.doi.org/10.24297/jssr.v6i2.3484.
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Education is a human right and essential for realization of all other human rights. It is a basic right which helps the individual to live with human dignity the right to education is a fundamental human rights. Every individual, irrespective of race, gender, nationality, ethnic or social origin, religion or political preference, age or disability, is entitled to a free elementary education. Hence the present study has attempted to find out awareness of right to education among secondary school teachers. The sample of 200 secondary school teachers was taken. A self made questionnaire comprising 34 multiple choice items was used by the investigator. It was found that both Government and Private secondary teachers have equal information regarding RTE, whereas Male school teachers are more aware of RTE than Female secondary school teachers Education is the foundation stone of national development. No nation can develops without education. The function of education is to accelerate the progress and development of nation. Education is the only means which brings about national integration. Educational achievement of a nation is also an indicator of national pride. During the pre-british Indian the indigenous secondary education was imparted in Pathshalas, Gurukuls, Gurudwaras and other religious organization. Education was banned for women and for scheduled classes and poor people. After sometimes Christian missionaries and East Indian Company established a few schools with the purpose of spreading Christianity in India. The first organized step to established planned primary schools of four years duration in India was established when Macaulay presented his famous minutes in 1835 with a view to popularize English education. In 1854 Woods Dispatch laid stress on imparting education atleast upto the primary level to the Indians. Later many commissions and committees were set up like India Education Commission 1882, Government resolution on education policy 1904, Gopal Krishan Gokhales Resolution 1911,Hartog committee 1929, Wardha Scheme 1938 and Sargent report 1944. All of them laid stress on free & compulsory primary education. After independence India adopted Article-45 directive principle of state policy laid down in Indian Constitution. The Article says, The state shall endeavour to provide within a period of ten years from the commencement of the constitution free & compulsory education for all children untill they complete the age 6 to 14 years. Kothari Commission (1964-66) recommended qualitative improvement for the purpose of science education, work experience, vocalization of education and development of social, moral and spiritual values, improvement in methods of teaching curriculum, teacher training etc. were recommended. National Policy on Education (1986) emphasized on two aspects. One on the universal enrollment and universal retention of children upto 14 years of age and another on the substantial improvement in teaching quality of education. In order to improve the education of school, Operation, Blackboard was introduced by National Policy on Education. The programme of action (1986) was laid down, the purpose of Operation Blackboard is to ensure provision of minimum essential facilities in secondary schools, material facilities as learning equipment, use of blackboard implies that there is an urgency in this programme. In India, the desire for compulsory education figured in the writing and speeches of our leader before independence. But for national development and national integration, creation of good citizens, preparation for life, development of character, development of individuality, adaptation to environment and making man civilized. India just implemented the Right to Education on 27rd August (Thursday), 2009 by 86th Constitutional amendent. It says, the state shall provide free and compulsory education to all children the age of 6 to 14 years in such manner as the state may, by law, determine. Today education is considered an important public function and the state is seen as the chief provider of education through the allocation of substantial Budgetry resources and regulating the provision of education. The pre-eminent role of the state in fulfilling the Right To Education is enshrined in 1966 International Covenant on Economic, Social and Cultural rights. With regards to realizing the Right to Education the World Declaration on Education for All states that partnerships between government and non-government organizational, the private sector, local communities, religious groups, and families are necessary. The realization of Right to Education on a national level may be achieved through compulsory education or more specifically free and compulsory primary education as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. So as India is first to made education compulsory and free for all. Formal Education is given to everybody without any discrimination of sex, caste, creed and colour. Education is the powerful tool. which accelerates the process of national growth and development. Moreover, economically and socially marginalized adults and children can left themselves out of miseries of darkness and participate fully as variable assets for their nation only with the help of education. Thus, education is a key towards a successful life. Keeping in view the importance of education, the secondary education in India has been made compulsory through 86th constitutional amendment. Moreover Right to Education has declared as fundamental right by this amendment under Article-emerge as a global leader in achieving the millennium development goal of ensuring that all children complete their secondary education by 2015 as set by UNESCO. The secondary stake holders for providing education are the parents and social authorities and both these entities have to be active: parents, by sending education is supported, thus, it is important that teacher should be aware of Right to Education. If teacher are well aware of Right to Education then only he/she can make the students to enjoy its benefits and motivate them to enroll in education. Moreover, if the teacher is fully awakened about the Right Education only then he/she will not dare to exploit the child.
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Natamiharja, Rudi y Al Gizca Rasya. "Mapping International Laws on Human Rights in the 1945 Constitution of the Republic Indonesia". Journal of Advance in Social Sciences and Policy 1, n.º 1 (17 de mayo de 2021): 18–26. http://dx.doi.org/10.23960/jassp.v1i1.26.
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Human rights are granted by all people regardless of discriminatory differences. In this sense, human rights must be respected, guarded, and protected by individuals, broad society, and the State. Generally, human rights are outlined in several international instruments such as Universal Declaration on Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1976. From a national perspective, Indonesia has played its roles in addressing and combating human rights violations by adopting some international provisions into the 1945 Constitution of the Republic Indonesia (Article 28) and ratifying several international instruments on human rights. Recognizing the correlation between international and national law, the study intends to examine to what extent Indonesia has adopted human rights material in international provisions into its constitution. The result of this study shows that almost all contents on human rights in article 28 of the 1945 Constitution of the Republic Indonesia are also contained in the Universal Declaration on Human Rights 1948. Several provisions on the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1976 seem very similar to provided contents on the UDHR 1948. Therefore, it is undebatable that ICCPR and ICESCR also influence the inclusion of human rights contents in the 1945 Constitution on the second amendment in 2000.
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Strydom, Hennie. "The Protection of Economic, Social and Cultural Rights in International Law". Constitutional Review 5, n.º 2 (18 de noviembre de 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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Of the Journal, Editorial board. "International Covenant on Civil and Political Rights". Ukrainian Religious Studies, n.º 2 (27 de septiembre de 1996): 70–71. http://dx.doi.org/10.32420/1996.2.45.
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INTERNATIONAL DECISION ON CIVIL AND POLITICAL RIGHTS Adopted and opened for signature, ratification and accession by resolution 2200 A (XXI) of the United Nations General Assembly on December 16, 1966, entered into force on March 23, 1976.
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Chan, Johannes. "State Succession to Human Rights Treaties: Hong Kong and the International Covenant on Civil and Political Rights". International and Comparative Law Quarterly 45, n.º 4 (octubre de 1996): 928–46. http://dx.doi.org/10.1017/s0020589300059789.
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In 1976 the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) and extended it to Hong Kong. Under the Covenant the United Kingdom assumed an obligation to submit periodic reports to the Human Rights Committee on the measures it has adopted to give effect to the rights recognised by the Covenant and on the progress made in the enjoyment of these rights.1 The United Kingdom has submitted four periodic reports on Hong Kong, in 1978,2 1988,3 19914 and 1995.5
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-, Wahyuningsih. "Prinsip Kesetaraan Gender dan Non Diskriminasi dalam KOvenan ICESCR dan ICCPR". Jurnal Hukum PRIORIS 2, n.º 1 (12 de mayo de 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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Hossain, Kamrul. "Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?" International Community Law Review 10, n.º 3 (2008): 295–318. http://dx.doi.org/10.1163/187197308x346823.
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AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the time of the adoption of the Covenants. The concept of indigenous peoples' rights has developed relatively recently. Thus, whether indigenous peoples are 'peoples' within the meaning of the Covenant, and thereby may be capable of enjoying the right to self-determination has been an unsettled case. When in many countries indigenous peoples form a minority, they are, however, identical as distinct from other minority groups in those countries because of their own way of livelihood and preservation of traditional culture and knowledge. Recent normative development pronounced by the Human Rights Committee suggests that indigenous peoples should be treated as 'peoples' within the meaning of Article 1 of the Covenant and as 'people' they have right to enjoy their traditional way of livelihood including right to enjoy their culture. Thus, the main focus of the article is to examine whether a human rights approach to indigenous peoples' rights has evolved to challenge the international regulatory approach currently applicable to the management of Whale and Polar Bear regime and their traditional hunt by the indigenous peoples.