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1
Juwita, Ratna. "The Right to Education in the Era of the ASEAN Community." Asia-Pacific Journal on Human Rights and the Law 21, no. 2 (December 9, 2020): 195–236. http://dx.doi.org/10.1163/15718158-21020002.
Анотація:
Abstract The establishment of the Association of Southeast Asian Nations (asean) Community in 2015, marked a milestone of progressive regionalisation in the Southeast Asia region. The asean Intergovernmental Commission on Human Rights (aichr) and asean Commission on the Promotion and Protection of the Rights of Women and Children (acwc) were designated as pivotal organs to strengthen the realisation of the right to education as part of the rights guaranteed in the asean Declaration of Human Rights. The asean Political-Security and Socio-Cultural communities recognise the importance of human rights. This research analyses the realisation of the right to education by the asean member states. The Concluding Observations from international human rights monitoring organs are explored to describe the empirical situation of each member state. Subsequently, this article scrutinises the aichr and acwc within the framework of the asean community and critically assesses the realisation of the right to education under the works of the aichr and acwc. This article concludes the realisation of the right to education in asean is still challenging due to the problems of, inter alia, low allocation of resources in the education sector, high illiteracy and drop-out rates, gender discrimination in the non-traditional study program and access to quality education, especially for vulnerable groups. The aichr and acwc have not yet formulated specific formal instruments to address these situations. Since their respective establishment only a minor contribution has been made to advance the realisation of the right to education in the asean community. In order to protect the right to education, the aichr and acwc have to be strengthened institutionally and financially. It is also necessary to empower the aichr and acwc by a quasi-legal authority to assess and inquire the asean member states’ human rights’ performance. This step is a necessary for the aichr and acwc to make a tangible contribution to the realisation of the right to education in asean.
2
Bourke, Ashling, Benjamin Mallon, and Catherine Maunsell. "Realisation of Children’s Rights under the UN Convention on the Rights of the Child to, in, and through Sexuality Education." International Journal of Children’s Rights 30, no. 2 (June 6, 2022): 271–96. http://dx.doi.org/10.1163/15718182-30020001.
Анотація:
Abstract Through the framework of the Convention of the Rights of the Child (uncrc), this paper argues that quality sexuality education is fundamental to the realisation of rights for children and young people, particularly those related to their identity, sexual lives and relationships. Beyond the right to education itself and sexual health, sexuality education supports the realisation of a wide range of children’s rights including wellbeing, protection, participation, identity and equality. The paper argues for the specific ways in which quality sex education supports the realisation of such rights and argues for the universal need for such education to be participative to allow children and young people to make empowered decisions about their sexuality and relationships with others.
3
Heyns, Christof, Charles Fombad, Pansy Tlakula, and Jimmy Kainja. "The Right to Political Participation in Sub-Saharan Africa." Global Journal of Comparative Law 8, no. 2 (September 25, 2019): 128–61. http://dx.doi.org/10.1163/2211906x-00802002.
Анотація:
The effective realisation of the right to political participation is essential for the legitimacy of political systems and for enabling the people to shape, and assume responsibility for, their lives. Although the right to political participation is recognised in article 25 of the International Covenant on Civil and Political Rights as well as in other international treaties, its realisation in practice is often partial, it depends on the extent to which numerous interrelated rights, such as those to freedom of expression, access to information and peaceful protest, have been secured. Focusing on sub-Saharan Africa, this article examines the right to political participation as set out in national constitutions and in the instruments of the United Nations, the African Union and sub-regional bodies. It also considers the role of social media in this context. The article concludes by suggesting how this crucial right could be implemented more effectively in Africa.
4
Bhat, Sairam, and Lianne D'Souza. "Eco-Centrism and the Right to Development: Bridging the Dichotomy." Christ University Law Journal 11, no. 1 (January 1, 2022): 35–57. http://dx.doi.org/10.12728/culj.20.2.
Анотація:
The link between human rights and the environment in environmental law and governance has been a rather contentious one. On one hand, environmental norms can advance the pursuit of human rights and human welfare and on the other hand, they can be an impediment in the realisation of human rights. The interface between the human right to development and the eco-centric approach to environmentalism best highlights such paradigmatic tensions in the human-environment dualism. This paper explores the dichotomy between human rights and environmental norms, by evaluating the interaction between eco-centric appeals to environmental protection and the human right to development. It examines how the theoretical underpinnings of the eco-centric approach to environmental governance does not aid in the realisation of the human right to development and how the language of the latter creates resistance to that of the former. The paper also postulates an area of possible convergence by calling for a re-evaluation of these concepts.
5
Knežić, Branislava, and Maja Savić. "Obrazovanje u zatvoru: od prava do realizacije." Obrazovanje odraslih/Adult Education 13, no. 2 2013 (2013): 67–86. http://dx.doi.org/10.53617/issn2744-2047.2013.13.2.67.
Анотація:
Increasing number of returnees, congestion of prisons and bad conditions in prisons do not indicate that the society is coping with delinquency in best possible way. Since 1980s in most western countries and in our country also the concpet of social rehabilitation is being criticised for not bringing a drop in the crime rate or recidivsm. Problem which societies are facing is how to prepare prisoners, while they still serve a sentence, for inegration into society once they have left prison. To achieve this goal education can play a very important role. In this article we will treat different aspects of prison education: how it is regulated by the state and what is its purpose, what is the current situation in our and other countries for prisoners to embrace their right to education, what are the obstacles for education in prisons. On of the main preconditions for imlementation and success of education programmes in prisons is the motivation of inmates to participate. We will show one part of the study conducted in two correctional facilities (Požarevac and Sremaska Mitrovica) on motivation of prisoners for education and their educational needs.
6
Gyuldzhyan, Gaik G. "On legal gaps in the international law related to the realisation of the right of peoples to self-determination." Vestnik of Kostroma State University 28, no. 2 (May 12, 2022): 267–72. http://dx.doi.org/10.34216/1998-0817-2022-28-2-267-272.
Анотація:
The article is devoted to the main gaps in international law, impeding the realisation of the right to self-determination. The current stage of development of international relations entails the need to search for new approaches to resolving conflict situations and to improve existing legal mechanisms, including those related to the realisation of the right of peoples to self-determination. The author analyses the categories of subjects of the right in the issue and the forms of its implementation envisaged for each of them. Special attention in this article is paid to the international law concerning the relationship between the principle of territorial integrity and the right of peoples to self-determination. On basis of conducted analysis the author also formulates the thesis under which the principle of territorial integrity cannot be considered applicable to states that pursue a discriminatory policy against certain peoples living on their territory (primacy of the principle of equal rights and self-determination of peoples in cases where discriminatory policy is conducted against them). Further the author identifies related problems of realisation of the right to self-determination and comes to the conclusion that it is necessary to legally define such subjects at the international level through the adoption of a comprehensive international legal act on the right to self-determination.
7
Kamga, Serges Djoyou. "THE G77 AND THE RIGHT TO DEVELOPMENT." Latin American Report 31, no. 1 (August 4, 2016): 58–76. http://dx.doi.org/10.25159/0256-6060/428.
Анотація:
Established in 1964, the G77 is the largest intergovernmental organisation representing developing countries in the United Nations. It was established to ensure a just world order and to ensure the realisation of the controversial right to development (RTD). The aim of this article is to explore the role of the G77 in fostering this realisation. To this end, it examines the platforms on which the G77 operates at the UN and beyond to explore the likelihood to lead to the achievement of the RTD. It finds that the UN Second, Third and Fourth Committees provide opportunities where the G77 can use its number to vote on various issues related to the realisation of the RTD. However, the G77 faces challenges related to the non-binding feature of the right, the constant opposition of many powerful Western countries that take important RTD decisions away from the UN, such as the World Trade Organisation, the International Monetary Fund and the G8 and the G20. To mitigate these challenges, the article calls on China’s influence in these fora to claim the RTD.
8
Marais, ML, S. Drimie, and C. Boshoff. "Determinants for realisation of the right to food among adolescents in Sterkspruit, eastern cape province, South Africa." African Journal of Food, Agriculture, Nutrition and Development 21, no. 05 (July 6, 2021): 18131–53. http://dx.doi.org/10.18697/ajfand.100.19310.
Анотація:
Globally, the youth population aged between 10 and 24 years is the fastest growing and faces health and nutritional challenges affecting their growth and development, livelihoods and future careers. The government needs to take necessary action towards the full realisation of the right to health, water, education and adequate standards of living, amongst others. A cross-sectional descriptive study using a mixed method approach was conducted. The study aimed at gaining an insight into perceptions about underlying factors, having an impact on the realisation of the Right to Food (RtF)of adolescents in the Sterkspruit area of the Senqu sub-district (Eastern Cape Province). It, furthermore, explored possible solutions and opportunities to facilitate the progressive realisation of the RtF for adolescents in this area. In-depth interviews were held with eight (8) key informants who were actively involved in the community. Fifty (50) adolescents aged 10 to 19 years completed a self-administered questionnaire and participated in Focus Group Discussions, stratified for gender and age. Through content analysis of qualitative data, transcripts were coded and emerging themes were grouped, using the ATLAS.ti 7 text analysis programme. Sixteen (16) percent of the adolescents sometimes had access to only one food source at home and have experienced hunger at times. The most pressing issues identified by participants, which compromises the realisation of adolescents’ right to food and health, was hunger caused by a combination of a monotonous diet, lack of agrarian resources, unemployment and mismanagement of Child Support Grants. Although government was regarded as the main duty-bearer responsible for the realisation of the RtF, it was perceived to be inefficient in taking sustainable measures to enhance food security in this resource-poor area. Very few participants identified adolescents’ own responsibility as rights-holders. The implementation of a human rights-based approach is needed for both the duty-bearers and rights-holders to facilitate adolescents’ physical and economic access to sufficient, safe and nutritious food.
9
Koonan, Sujith. "Revamping the Groundwater Legal Regime in India: Towards Ensuring Equity and Sustainability." Socio-Legal Review 2016, no. 2 (January 2016): 45. http://dx.doi.org/10.55496/yrux4355.
Анотація:
The evolution of a separate groundwater law in India is a relatively new development. This development marks a shift from the dated common law rule that recognises the uncontrolled right of landowners over groundwater, which perpetuated gross inequity in accessing groundwater by restricting access only to landowners. In this context, framing of new groundwater laws is seen as a key step towards addressing the aggravating problems of depletion and contamination of groundwater along with eliminating inequity in accessing groundwater. Access to groundwater is also directly related to the realisation of the right to water because groundwater is the most important source for drinking and other domestic purposes. Therefore, a legal framework ensuring sustainable use of, and equitable access to, groundwater will have tremendous impact and influence on the effective realisation of the right to water in the Indian context. In this background, this article examines the capacity of the existing and evolving groundwater law in India to ensure equity, sustainability and realisation of the right to water. This article also highlights the gaps in the existing legal framework in this regard and suggests basic principles, norms and approaches that should form the underlying elements of the groundwater legal regime to make it capable of ensuring sustainability, equity and human rights
10
Agarwal, Dr Anita. "An Overview of the Developments in the Discipline of Human Rights." Praxis International Journal of Social Science and Literature 6, no. 6 (June 25, 2023): 85–89. http://dx.doi.org/10.51879/pijssl/060613.
Анотація:
Human rights must be maintained and made available to everyone since they are necessary for the whole development of each person's individuality within society. The inevitable expansion of government control over people's behaviour has led to a demand for protection, which is in no way to be viewed as beneficial. The realisation that all laws, whether they are rules of municipal law or that of international law, should have as their purposes the protection of human rights in the interest of humanity was brought about by people's realisation that their rights also required the protection by states. All people have the same basic legal rights, regardless of their gender, colour, nationality, ethnicity, language, religion, or any other distinction. Human rights cover a wide range of rights, such as the freedom from slavery and torture, the right to life and liberty, the freedom of speech, the right to a job and an education, among many more. These rights apply to everyone without exception.
11
Paul Mbuya, Alphonce. "Protection of Older Persons’ Right to Healthcare by United Nations Human Rights Treaties." International Journal of Legal Developments & Allied Issues 08, no. 05 (2022): 36–47. http://dx.doi.org/10.55662/ijldai.2022.8501.
Анотація:
This article examines the protection of older persons’ right to healthcare by the United Nations (UN) Human Rights treaties. Although there are diverse scholarly views on its nature and scope, health is firmly recognised as a right by UN human rights treaties which define health as a right and impose certain obligations on states for realising it. Therefore, the inclusion of the right to health in various human rights instruments is the basis for understanding the normative framework of the right as it applies to older persons and the nature of the measures which states must take to ensure its realisation. At the UN level, human rights treaties offer very limited protection to older persons, in part due to the absence of a specific treaty on older persons. However, soft law instruments adopted under the auspices of the said treaties elaborate the application of specific rights (including healthcare) to older persons. It is argued that the limited protection of older persons’ rights in the UN treaties should not be an excuse for states to take special measures to ensure realisation of older persons’ right to healthcare. Moreover, elaboration of older persons’ rights in general comments adopted by UN treaty bodies is a clear indication of the need for a specific UN treaty for recognising and protecting older persons’ rights, including healthcare which has been identified as a critical issue affecting older persons worldwide.
12
Pushkar, Pavlo, and Oleksii Ivanets. "Right to freedom of religion and the principle of neutrality of the state in in the case-law of the European Court of Human Rights and the decisions of the Committee of Ministers of the Council of Europe. Ukrainian Perspective and view to the future." Ukrainian Journal of International Law 3 (September 30, 2020): 41–55. http://dx.doi.org/10.36952/uail.2020.3.41-55.
Анотація:
This article suggests a review of the case-law of the European Court of Human Rights and the practices of the Committee of Ministers of the Council of Europe as sources of evaluation of the material and procedural requirements as to the right to freedom of expression. These practices, being synchronised and coherent, are aimed at ensuring implementation of the requirements of the Convention. The right to freedom of expression reflects several aspects of realisation of this right – its realisation as an individual and its collective dimension – together with other persons, or even refusal to exercise a right to freedom of religion. Also, most importantly, the article deals with the requirements of the procedural protection of this right, supplemented guarantees of preventive nature and procedural nature aimed at ensuring effective protection of the right domestically. Such measures include domestic administrative or judicial action. The right to freedom of religion is a right, which integrates some aspects of its subsidiary implementation. In particular, in determining existence of legitimate aim and proportionality of interference with the right to freedom of religion. The article also discusses the relevance of “margin of appreciation” and “proportionality” as elements that influence academic discussions and public criticism of some of the approaches taken by the European Court of Human Rights in assessing compliance of measures taken by the states to limit exercise of freedom of religion.
13
Agbor, Avitus A. "Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform." Potchefstroom Electronic Law Journal 20 (December 11, 2017): 1–29. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1764.
Анотація:
Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a State Party to most of these human rights instruments, is bound to adopt measures aimed at giving effect to the rights contained therein. One of such steps, in my opinion, is the enactment of domestic legislation that defines the content of these rights; stipulates the forums where remedies for human violations could be pursued; specifies what kinds of remedies a victim of a human rights violation would get at the end; and lastly, defines who can access such forums. Unfortunately, the lack of domestic legislation that meets these requirements means the right to an effective remedy for a human rights violation in Cameroon cannot be realised. It is argued in this paper that the critical nature of the right to a remedy, given its bearing on other substantive human rights as well as the protection and promotion of human rights, warrants progressive efforts undertaken by the State in order to give effect to this right. Therefore, the sheer lack of a legislative instrument in this regard makes it very difficult for the pursuit of a right to a remedy when there is a violation of human rights. As evidenced by legislative developments in numerous African States that are States Parties to these international instruments, there is growing consensus that the enactment of domestic legislation that answers the questions of content; forums; outcomes and access is a positive and vital step towards the realisation of the right to an effective remedy for a human rights violation.
14
Mc Murray, I., and L. Jansen Van Rensburg. "Legislative and other measures taken by government to realise the right of children to shelter." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (July 10, 2017): 53. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2845.
Анотація:
The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1)(c) and children's right to basic shelter. The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid. It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development facilitators. As far as the resource problem is concerned, corruption in municipalities should be eradicated, while municipal capacity to manage and mobilise resources must be enhanced. The importance of co-operative government cannot be over emphasised. Without an effective integrated plan of action, which includes cooperation between all three spheres of government, as well as the participation of civil society, especially people who are directly affected by the implementation of socio-economic rights, realising the right of children to shelter will only exist on paper.
15
Rahbari, Ladan, and Mahmoud Sharepour. "Gender and Realisation of Women’s Right to the City in Tehran." Asian Journal of Social Science 43, no. 3 (2015): 227–48. http://dx.doi.org/10.1163/15685314-04303002.
Анотація:
The right to the city consists of the right to appropriate spaces and participate in processes therein. Appropriation is referred to having share of the space, using it, owning it and valuing it because it has use value. Participation in the city includes decision making, constructing and living in the urban space. Components of right to the city can be approached from three dimensions, namely the politico-economic, physical and socio-anthropological. Based on the three levels of urban analysis introduced by Henry Lefebvre, the three dimensions can be further categorised. The right to the city has not been realised equally for men and women. Structural constraints have limited women’s participation and appropriation of the city. By extracting the components of the two dimensions of the right to the city, and by applying a quantitative methodological approach, this article aims to investigate gender differences in realisation of right to the city in the Iranian capital city.
16
Hensel, Sebastian, and Dawid Kielak. "Nielsen realisation for untwisted automorphisms of right-angled Artin groups." Proceedings of the London Mathematical Society 117, no. 5 (June 19, 2018): 901–50. http://dx.doi.org/10.1112/plms.12150.
17
Ibe-Ojiludu, Somadina. "Enhancing Human Development in Nigeria Through Constitutional Reform via the Human-Rights-Based Approach to Development." African Journal of International and Comparative Law 32, no. 2 (May 2024): 293–304. http://dx.doi.org/10.3366/ajicl.2024.0487.
Анотація:
Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria’s human development by showing that the violation of human rights law is at the heart of Nigeria’s lack of human development. It offered some constitutional reform proposals that could potentially cure the country’s perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise human development in Nigeria using the human-rights-based approach to development by way of constitutional reform? While acknowledging the weakness in the often argued importance of making chapter 2 of the 1999 Constitution justiciable, it made a case for the introduction of suo motu intervention by the judiciary in order to boost the realisation of rights that enhance human development: Right to health, right to education and right to a decent standard of living. It also argued for the relaxation of the rigidity of dualism in the 1999 Constitution in order for Nigerians to benefit from certain doctrines, like the principle of progressive realisation, which favour the aforementioned rights that enhance human development. To buttress this point, the paper then cited the innovative section 254(c)(2) of the 1999 Constitution which, to promote the plight of the Nigerian worker, did something similar with regard to the accommodation of international law instruments related to industrial relations.
18
Mofokeng, Tlaleng. "Who believes black women? Applying the right to health framework to undo epistemic injustice." Stellenbosch Law Review 34, no. 2 (2023): 249–60. http://dx.doi.org/10.47348/slr/2023/i2a1.
Анотація:
Epistemic injustice has a significant impact on black women’s experiences of healthcare. The failure of medical professionals to consider the experience of black women impairs the realisation of their right to health. Moreover, it embeds the disadvantages that these women face, undermining the realisation of substantive equality. This lecture considers how the medical community’s failure to believe and listen to black women constitutes an example of epistemic injustice. First, it discusses the prevalence of so-called “sex testing” in sports and how it is often used to target black female athletes as an example of epistemic injustice. In particular, it focuses on the impact of sex testing on the career of Caster Semenya. Secondly, it addresses how the forced sterilisation of black women in South Africa is another example of epistemic injustice in healthcare, negatively impacting their rights. Finally, it considers the criminalisation of sex work in South Africa as a third example of epistemic injustice that has substantially affected the rights of mostly black women.
19
Ganberov, Dashqin. "Main Models of Realisation of the Right of Association in the Azerbaijan Republic." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 22 (2022): 89–99. http://dx.doi.org/10.25143/socr.22.2022.1.089-099.
Анотація:
Establishment and development of civil society is possible under conditions ensured by a legal state. It indicates that legal state and civil society can also be viewed as the embodiment of human rights and freedoms and specifically the right to associate. This is explained by movement of various factors. Features of the historical and cultural development, democratic, political and legal traditions, specificity of the political and legal system, differences in the perception of law as the universal social regulator of public relations. Establishment and ultimately completion of establishment of the legal state is associated with maximum guarantee for human rights and freedoms, responsibility of the government before the citizens and the state, raising the credibility of law and strict observance to it by all state bodies, public organisations, communities and citizens as well as the effective functioning of the law-enforcement bodies. While analysing the current state and perspectives of the right to association in the Republic of Azerbaijan, it is necessary to evaluate the state of the civil society again.
20
Okorie, Chijioke. "Realising a ‘Right’ to Research in Nigeria and South Africa: The Role of the Executive Arm of Government." Journal of Comparative Law in Africa 10, no. 2 (2023): 141–73. http://dx.doi.org/10.47348/jcla/v10/i2a5.
Анотація:
Development agendas and plans such as South Africa’s National Development Plan 2030 and Nigeria’s National Development Plan 2021–2025, indicate the need for, and benefits of, development research to sharpen countries’ innovative edge and to contribute to global scientific and technological advancement. Recent scholarship has highlighted the positive impact on national development of copyright exceptions allowing for the right to research. This can be in the form of either a complete defence to copyright infringement, or, as user rights. However, the realisation of a right to research has been limited by a copyright legislative framework that may be challenging to interpret. Other hindrances to realising the right to research are limited access to courts for interpretation due to limited resources and also as a result of the inherent institutional limitations of courts to consider only the case pleaded by parties before them. In this environment, the role of the executive arm of government in driving the realisation of a right to research is crucial. Yet, there’s been no executive action to provide for the much-needed clarification to concretise and promote the right to research to actualise development goals. Focused on Nigeria and South Africa, this paper explores the duties imposed on the institutions of executive government and applies administrative law principles to indicate a policy toolkit within copyright statutes that may be deployed to realise a right to research and engender guidance for researchers, copyright owners, users and audience of research.
21
Roux-Kemp, Andra Le. "The Enforceability of Health Rights in Kenya: An African Constitutional Evaluation." African Journal of International and Comparative Law 27, no. 1 (February 2019): 126–49. http://dx.doi.org/10.3366/ajicl.2019.0262.
Анотація:
Kenya's recently promulgated 2010 Constitution has been met with much enthusiasm and expectation after a difficult and protracted history of constitutional development and reform. This article considers and evaluates the key constitutional provisions with regard to the recognition of health rights in Kenya together with other health-related provisions, and with specific reference to the realisation and enforceability thereof. This evaluation will be conducted from a comparative perspective with references made to other African constitutions and case law. It is the objective of this article to offer a critical evaluation of the health rights included in the Kenyan Bill of Rights in relation to its African counterparts and to consider the possibilities and potential obstacles for the realisation and enforcement thereof. It is evident from this comparative evaluation that the Kenyan Bill of Rights contains pioneering provisions with regard to the right to health that can bring about meaningful changes for Kenyan citizens through effective socio-economic rights jurisprudence.
22
Verdoodt, Valerie, Robbie Fordyce, Lisa Archbold, Faith Gordon, and Damian Clifford. "Esports and the Platforming of Child’s Play During covid-19." International Journal of Children’s Rights 29, no. 2 (June 15, 2021): 496–520. http://dx.doi.org/10.1163/15718182-29020013.
Анотація:
Abstract The coronavirus pandemic has significantly restricted children’s opportunities for play and socialisation with friends in physical outside spaces. As a consequence, children’s participation in educational, play and entertainment activities are now predominantly taking place online. One form of online play which has become immensely popular with a young audience, is esports. However, esports and the platforming of play have been associated with public health concerns and excessive commercialisation. This paper will therefore address these issues through the lens of children’s rights, in particular the right to play and the right to protection from exploitation. It will explore whether esports can contribute to the realisation of the right to play and enable other rights such as the right to development, assembly and freedom of expression during covid-19.
23
Teeuwen, Aekje. "Procedural Rights Supporting Expeditious Trials for Juveniles." Asia-Pacific Journal on Human Rights and the Law 22, no. 2 (November 29, 2021): 150–85. http://dx.doi.org/10.1163/15718158-22020004.
Анотація:
Abstract Delays pending trials can negatively impact juveniles. Encouragingly, the right of juvenile defendants to be tried within a reasonable time has been enshrined in international and regional human rights instruments. To support and strengthen the realisation of this specific right, several additional procedural entitlements, to which existing scholarship has paid limited attention, are of importance. This article focuses on how the rights to an effective remedy and legal representation can support the fulfilment of expeditious trials for juveniles. Furthermore, it analyses to what extent these two identified rights have been incorporated into significant international human rights standards and, specifically, in the Cambodian, Philippine and Vietnamese legislative frameworks. It identifies lessons Cambodia can draw from the latter two countries.
24
da Lomba, Sylvie. "Irregular migrants and the human right to health care: a case-study of health-care provision for irregular migrants in France and the UK." International Journal of Law in Context 7, no. 3 (September 2011): 357–74. http://dx.doi.org/10.1017/s1744552311000188.
Анотація:
AbstractInternational human rights law attaches the right of health care to the person. States, however, predicate this right on membership in the national community and access to publicly subsidised health care is normally contingent on national membership. With this in mind, this article considers the significance of a human rights approach to access to health care and undertakes a comparative study of health-care provision for irregular migrants in France and the UK. Irregular migrants are ineligible for national membership because they have breached immigration laws. Consequently their right to health care may only arise from international human rights law. This comparative study, however, shows that states resist the idea of a right to health care for people they regard as a threat to national sovereignty. Yet the author posits that the exercise of the government's immigration power may be reconciled with the realisation of irregular migrants' human right to health care.
25
Schiel, Rebecca, Malcolm Langford, and Bruce M. Wilson. "Does it Matter: Constitutionalisation, Democratic Governance, and the Human Right to Water." Water 12, no. 2 (January 26, 2020): 350. http://dx.doi.org/10.3390/w12020350.
Анотація:
States are urged frequently by the UN, policymakers, and activists to recognise the human right to water domestically. However, does such legal incorporation, often in national constitutions, affect water policy and the realisation of the right? While several qualitative studies report positive impacts, initial quantitative assessments have questioned the systematic positive impact of the national recognition of the human right to water. Yet, such quantitative analyses of the effects of constitutional rights to water often overlook important mediating policy factors. We test specifically whether strong democratic governance is a significant condition for ensuring that the constitutional recognition of the human right to water has concrete outcomes. Results of a multivariate regression analysis on a global sample of 123 states over a 15-year period provide two findings. First, the constitutionalisation of the right to water and other economic, social, and cultural rights (ESCRs), in national constitutions alone is not associated with material benefits related to the human right to water. Second, the constitutionalisation of those rights can have positive material benefits for water access when the rights are foregrounded in democratic governance.
26
Patrinos, Dimitri, Robyn McDougall, Michael J. S. Beauvais, and Bartha Maria Knoppers. "Whither Health Research." International Journal of Children’s Rights 31, no. 4 (December 4, 2023): 865–89. http://dx.doi.org/10.1163/15718182-31040005.
Анотація:
Abstract Under Article 24 of the Convention on the Rights of the Child (crc), children have the right to the highest attainable standard of health. One component of this right that has received little attention is the connection between children’s health and their participation in health-related research. This represents a missed opportunity in the full realisation of the right to health. This paper accordingly argues that Article 24 should obligate or incentivise State Parties to create more research opportunities for children in implementing this right. It explores the links between paediatric research and children’s health, highlighting the impacts of the lack of research on the paucity or absence of many treatment and prevention options for childhood diseases. It also considers the application of other rights which may be implicated in paediatric research. While paediatric health-related research is imperative, it must occur within a framework which respects all children’s rights.
27
Stoczkiewicz, Marcin. "The Right to a Life-Sustaining Climate System: Selected Case Law." Chinese Journal of Environmental Law 7, no. 2 (December 14, 2023): 301–15. http://dx.doi.org/10.1163/24686042-12340112.
Анотація:
Abstract This article analyses the legal discourse concerning the right to a life-sustaining climate system. The subject of analysis is the discourse around selected landmark cases in which arguments were raised about the need to protect a stable climate for the sake of protecting fundamental constitutional rights threatened by the climate crisis (Juliana v United States, Urgenda v Netherlands, Neubauer v Germany, and Hawai’i Electric Light Co.). The analysis is conducted from the point of view of the legal sources (applicable legal norms, clearly recognised constitutional rights) from which this unenumerated fundamental right is derived. This analysis allows us to assume that the right to a life-sustaining climate system is understood in legal discourse as: (i) a constitutional right derived from the right to life, liberty and property as necessary for their realisation, or (ii) a constitutional right encompassed by the right to a clean and healthy environment, or even as (iii) a constitutional right that is a predicate of all constitutional rights. In the author’s view, this right can also be understood as an unexpressed item (aspect) of the right to life.
28
Le, Tung Son, and Van Tien Tran. "The conflict between the right to access S&T information and copyright protection from a legal perspective." Ministry of Science and Technology, Vietnam 63, no. 10 (October 25, 2021): 46–51. http://dx.doi.org/10.31276/vjst.63(10).46-51.
Анотація:
The right to access scientific and technological (S&T) information and copyright are two important legal institutions that play an important role in promoting creative activities, creating a foundation for the realisation of human and civil rights (such as the right to study and research; the right to access and enjoy cultural values, and the right to participate in spiritual and cultural life), and creating a driving force to promote the development of a learning society and a knowledge economy. However, in fact, through research on the current legal situation, these two legal institutions are having certain conflicts. On the basis of analysing the legal situation and identifying existing conflicts between the right to access science and technology information and copyright, the article proposes policy solutions to overcome these conflicts.
29
Raudeliūnaitė, Rita, and Vida Gudžinskienė. "Socialinių pedagogų ir socialinių darbuotojų patirtis realizuojant vaiko dalyvavimo teisę vaikų dienos centruose." Socialinė teorija, empirija, politika ir praktika 27 (December 28, 2023): 168–81. http://dx.doi.org/10.15388/stepp.2023.27.10.
Анотація:
The objective of the study is to reveal the realities of the realisation of the right of the child to participate in children’s day care centres based on the experience of social pedagogues and social workers. Qualitative research was chosen for the study by using the method of semi-structured interview. 11 professionals, who work in children’s day care centres in different Lithuanian regions, participated in the study. The study identified the expression of the realisation of the right of the child to participate in children’s day care centres. The expression of the right of the child to participate in children’s day care centres is associated with a positive position of the professionals in the practice of the child’s right to participation, their cooperation with the child, their mutual cooperation, their cooperation with the child’s parents/guardians and other institutions when realising the right of the child to participation. The positive position of the professionals is expressed through the understanding of the importance of this right and inclination to realise it, the acknowledgement of the child as an active participant in decision-making, openness to the opinion of the child and nonsuppression of their opinion. The cooperation of the professionals with the child is expressed through the creation of the relationships, which are based on mutual trust, the informing of the child that his opinion is important, that he can express it and be heard, the provision of information to the child in a way that is understandable to him while empowering him to participate in decision-making, the listening to the child and his support, the taking into account the child’s opinion while responding to his best interests, the analysis of situations and the discussion of various solutions with the child in a way understandable to him, assistance when taking decisions related to him, the involvement of the child and the taking into account his needs and interests when planning and organising socio-educational activities, the encouragement of the child to assume his obligations and responsibilities. The cooperation of children’s day care centres professionals is expressed though their favourable and unified approach towards this right, their involvement in the realisation of this right and the sharing of the experience when realising this right. The cooperation with the child’s parents/guardians is expressed through the assistance to them in understanding the importance and expression of this right, their consulting and assistance while creating conditions for this right to be expressed at home. The cooperation with other institutions is expressed through the sharing of information and insights on the positive aspects of the realisation of this right and the discussion of arising difficulties and possibilities to overcome them.
30
Raudeliūnaitė, Rita, and Vida Gudžinskienė. "THE REALISATION OF CHILDREN’S RIGHT TO PARTICIPATION IN COMMUNITY CHILDREN’S CARE HOMES." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 2 (July 3, 2023): 146–57. http://dx.doi.org/10.17770/sie2023vol2.7064.
Анотація:
The article reveals the findings of a qualitative study the aim of which was to identify the realities of the realisation of the children’s right to participation in the community children’s care home (hereinafter referred to as CCCH). Research questions of the study: What are real possibilities for children to realise their right to participate in the decision taking in CCCH? How are children involved in decision taking? Nine social workers, working in CCCHs in different locations in Lithuania, participated in the study.The study revealed that to realise the child’s right for participation a positive attitude of an employee towards child’s participation. The positive attitude of an employee should be linked to a child-centre approach, which includes attentiveness to every child, openness to the child’s experience, opinion, non-dominance of an adult and the acknowledgement of the child being the expert of his situation. To realise the child’s right for participation establishment and maintenance of positive relationships with the child by employees which is linked to a respectful communication with the child, trust in the child and the child’s trust in the employee. It is also important to provide the child with information regarding his right for participation by informing that employees are ready to listen to him and that he has a right to express his opinion on different topics regarding himself. Another important aspect of the realisation of the child’s right for participation is cooperation with the child which is expressed through the provision of information in the manner which is understandable to the child, his empowerment to participate when taking decisions, listening to his opinion, taking into consideration his opinion, in order to ensure his best interests, the analysis of situations and discussions with children when taking decisions, assistance, but not substitutionary help when the child takes decisions. The study revealed that CCCHs create conditions for the child’s right for participation to be realised in his daily activity which is expressed the child’s participation when drawing up CCCH’s rules and adhering to them, planning and organising his leisure time, the child’s involvement in the creation and maintenance of personal and common spaces, daily choruses.
31
Mykkänen, Merilii. "Freedom of Religion of Muslims in Finland." Context: Journal of Interdisciplinary Studies 11, no. 1 (June 28, 2024): 35–62. http://dx.doi.org/10.55425/23036966.2024.11.1.35.
Анотація:
Freedom of religion and the right to equality and non-discrimination are significant human and fundamental rights that are currently under-researched in the Finnish context. This article analyses how different legislative and societal structures adversely affect the realisation of positive religious freedom for Muslims in Finland by examining two case studies: freedom of religion among Muslim prisoners, and the impermissibility of headscarves as part of the police uniform. The article argues that although Finnish legislation does not directly limit freedom of religion, it contains structures that hinder the realisation of positive religious freedom for Muslims. These stem from the close relationship between the state and the Evangelical Lutheran Church, and from prejudicial attitudes that manifest together or separately. Such structures may lead to an unequal position for Muslims compared to Christians in society, and can constitute discrimination.
32
Stewart, Linda. "Resource constraints and a child's right to legal representation in civil matters at state expense in South Africa." International Journal of Children's Rights 19, no. 2 (2011): 295–320. http://dx.doi.org/10.1163/157181811x547290.
Анотація:
AbstractSection 28(1)(h) of the South African Constitution bestows the right on every child to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result. Section 28(1)(h) places a positive duty on the state and the practical implementation of this right is dependent on the state's available resources. is paper enquires whether the criteria laid down by the South African Legal Aid Board may limit the realisation of s 28(1)(h) and if so, to what extent. It includes the question whether it is constitutionally permissible for the state to deny legal representation to children on the exclusive grounds of resource constraints. I commence by examining similar but not exact provisions in the Convention of the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) to establish whether there are provisions that may inform the extent of the positive duty on the state to provide legal representation at state expense to children. is will be followed by a discussion on the nature and extent of s 28(1)(h) of the Constitution. I then turn to the relevant sections in the Children's Act pertaining to this right and especially s 55 which makes provision that the Legal Aid Board is the appropriate functionary of the state to deal with the realisation of s 28(1)(h). I finally enquire whether the criteria laid down in the Legal Aid Guidelines, 2009 (which include the argument of resource constraints) may justifiably limit this right.
33
Beshtawi, Ahmed. "The Human Right to Water and the Realisation of Water Rights in the Occupied Palestinian Territory." Utrecht Law Review 16, no. 2 (2020): 137–49. http://dx.doi.org/10.36633/ulr.564.
34
Errico, Stefania, and Priscilla Claeys. "Human Rights and the Commons: Exploring Approaches to the Governance of Land and Natural Resources beyond Indigenous Peoples’ Rights. The Case of Peasants." International Journal on Minority and Group Rights 27, no. 1 (December 16, 2020): 1–33. http://dx.doi.org/10.1163/15718115-02604123.
Анотація:
Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.
35
Tomkina, Olena, Oksana Mudra, and Vladyslav Rudei. "Current Problems of the Realisation of the Right to Effective Remedies in the Ukrainian Context of Lustration." Comparative Law Review 28 (December 13, 2022): 435–58. http://dx.doi.org/10.12775/clr.2022.015.
Анотація:
The article focuses on current problems of the realization of the right to effective remedies for everyone who has fallen within the purview of the Law of Ukraine “On Government Cleansing” in Ukraine during the lustration, since this right is guaranteed by the Convention for the protection of human rights and fundamental freedoms of 1950. The analysis of the established lustration standards, which were formulated by the European institutions taking into account other countries’ experiences, showed that the appropriate realization of the right to effective remedies during lustration is one of the key aspects of government cleansing in a democratic country founded on the rule of law. The article raises the issue of the applicability of the constitutional principles of presumption of innocence and individual responsibility to the Ukrainian context of lustration. This issue remains open for domestic legal theory and practice because it is complex and requires the official legal position of the Constitutional Court of Ukraine.
36
LYNCH, PHILIP. "HOMELESSNESS, POVERTY AND DISCRIMINATION: IMPROVING PUBLIC HEALTH BY REALISING HUMAN RIGHTS." Deakin Law Review 10, no. 1 (April 1, 2005): 233. http://dx.doi.org/10.21153/dlr2005vol10no1art275.
Анотація:
<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>There are clear casual and consequential links between homelessness, poverty, discrimination and poor health. This article argues that the engagement of homelessness and health in a human rights framework enables effective identification of socio-economic determinants of ill<br /> health and creation of the enabling conditions necessary for good<br /> health. The article contends that the integration of human rights principles into health service development, implementation and delivery, focuses attention on the need for health services to be adequate, accessible, non-discriminatory and appropriately targeted. The article also contends that a human rights approach to homelessness, poverty and health also imposes obligations - and enables measurement - in relation to realisation of the right to health and interconnected human rights (including the </span></p><p><span>right to adequate housing, the right to social security, the right to non-discrimination, the right to participation, and the right to human dignity and respect)</span><span>] </span></p></div></div></div>
37
Bogićević, Čedomir. "Relationships between labor and administrative law." Glasnik Advokatske komore Vojvodine 69, no. 3 (1997): 5–18. http://dx.doi.org/10.5937/gakv9701005b.
Анотація:
The author discusses the basic features and elements of labor and administrative law, their relationship and reflexion of this relationship to realisation and protection of the rights from work. The relationship which results from work is not only the matter of its subjects. Because of importance to whole social relationships it gives to state administration the right of intervention to protect, supervise, control and decide some of its domains and from field of "private" passes partially to field of "public" relationships.
38
Mc Murray, I., and L. Jansen Van Rensburg. "The utilisation of the right of children to shelter to alleviate poverty in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (July 10, 2017): 107. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2844.
Анотація:
Children being the most vulnerable members of society are the one's most affected by living in poverty. This unacceptable situation can inter alia be attributed to the disastrous effects of Apartheid. During this unfortunate period in our nation's history millions of people were unjustly evicted from their homes and forced to live in deplorable conditions. Moreover, many of these people were left homeless or without the necessary adequate shelter. Children who were born into these circumstances were denied basic resources such as proper shelter, food, water and health care services. These unfortunate circumstances existed at the adoption of South Africa 's democratic Constitution. The preamble of the Constitution of the Republic of South Africa , 1996 reaffirms government's commitment to heal the inequalities of the past and improve the quality of life of all citizens. The Constitution is based on certain fundamental values, most importantly, human dignity, freedom and equality. The fact that these values are denied to those people living without access to basic resources such as adequate housing/shelter, food, water or health care services cannot be dismissed. To facilitate South Africa 's development as a democratic state based on human dignity, freedom and equality, the problem of poverty must be addressed. The Constitutional Court , in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has recently stated that the effective realisation of socio-economic rights is key to the advancement of a value based democratic South Africa . Section 26 of the Constitution grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. By virtue of section 28(1)(b) the primary responsibility to provide children with the necessary adequate housing/shelter is vested in their parents, unless the parents are unable to fulfil their duty or the children are removed from their care. This does not in the least mean that the state has no responsibilities to children living with their parents. The state must still provide the framework in which parents can facilitate the realisation of their children's rights. The state can fulfil this obligation by taking reasonable legislative and other measures within its available resources to realise everyone's right of access to adequate housing progressively. Therefore, it is submitted that the measures taken to realise section 26 also indirectly ensures the realisation of children's right to basic shelter (section 28(1)(c)). It has been largely accepted by the courts and academics alike that all fundamental human rights are indivisible and interrelated. Clearly then, the state's obligations in terms of section 28(1)(c) cannot be properly interpreted without referring to the interpretation of those obligations conferred upon it by section 26(2) and the other socio-economic rights in the Constitution. Hence, section 28(1)(c) must be seen in the context of the Constitution as a whole. Put simply, the state must take reasonable legislative and other measures within its available resources to realise children's right to basic housing/shelter progressively. This article will focus on the utilisation of the right to shelter of the child to alleviate poverty. Essential to this discussion is an effective understanding of the right to basic shelter as entrenched by section 28 of the Constitution in conjunction with the right of access to adequate housing conferred on everyone by virtue of section 26. This will be achieved by studying the general working of such rights including their limitations and enforcement.
39
Isokpan, Aisosa Jennifer, and Ebenezer Durojaye. "The Child's Right to Basic Education in Nigeria: A Commentary on the Decision in SERAP v. Nigeria." African Journal of International and Comparative Law 26, no. 4 (November 2018): 639–48. http://dx.doi.org/10.3366/ajicl.2018.0252.
Анотація:
This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment of the right. It equally emphasises the role of the Nigerian courts in ensuring a justiciable right to education.
40
Braig, Katharina Franziska. "The European Court of Human Rights and the right to clean water and sanitation." Water Policy 20, no. 2 (January 5, 2018): 282–307. http://dx.doi.org/10.2166/wp.2018.045.
Анотація:
Abstract The human right to clean water and sanitation is currently under discussion in the European Union. During this discussion, it should not be forgotten that another European organisation, namely the European Court of Human Rights (ECtHR), is becoming increasingly active regarding pan-European minimum standards relating to the right to clean water and sanitation. Although it is widely recognised that clean drinking water and sanitation are essential to the realisation of all human rights, no such obligation can be found in the European Convention on Human Rights (ECHR). This article reviews the creative development of the jurisprudence of the ECtHR concerning the right to clean water and sanitation using two interpretation techniques, namely the ‘living instrument’ doctrine and the ‘practical and effective’ doctrine. Today, the ECtHR recognises, for example, that a breach of a State's obligation to respect the right to water can amount to a violation of Article 3 of the Convention on inhuman or degrading treatment. By failing to oblige companies to curb water pollution, the Court has also held that a State can be liable for a breach of Article 8 of the Convention, namely the right to respect for private and family life.
41
Adhikari, Kamalesh, Edwin Bikundo, Xan Chacko, Susannah Chapman, Fran Humphries, Hope Johnson, Evan Keast, et al. "What Should Farmers’ Rights Look Like? The Possible Substance of a Right." Agronomy 11, no. 2 (February 18, 2021): 367. http://dx.doi.org/10.3390/agronomy11020367.
Анотація:
Farmers’ Rights formally appeared in the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) as a means of recognising the past, present, and future contributions of farmers in conserving, improving, and making available the plant genetic materials that are important for food and agriculture. Discussions have been underway under the auspices of the ITPGRFA’s Governing Body with the recent Ad Hoc Technical Expert Group on Farmers’ Rights (AHTEG-FR) collecting together views, experiences, and best practices to produce an inventory and options for encouraging, guiding, and promoting the realisation of Farmers’ Rights. While this is useful, this article reports on the outcomes of a workshop that applied a different methodology. Our purpose was to identify what could be and should be the substance of Farmers’ Rights so that the policy substance drives the implementation rather than the AHTEG-FR’s retro-fitting Farmers’ Rights to existing views, best practices, and measures. The contribution of this article is to develop and set out a list of possible substantive Farmers’ Rights as a contribution and foundation for further consultations and negotiations.
42
Strauss, Zannelize, and Debbie Horsten. "A Human Rights-Based Approach to Poverty Reduction: The Role of the Right of Access to Medicine as an Element of the Right of Access to Health Care." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (May 3, 2017): 335. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2376.
Анотація:
The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.
43
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, no. 1 (45) (March 15, 2024): 135–57. http://dx.doi.org/10.14746/spp.2024.1.45.6.
Анотація:
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.
44
Toivonen, Virve, Jatta Muhonen, Laura Kalliomaa-Puha, Katre Luhamaa, and Judit Strömpl. "Child Participation in Estonian and Finnish Child Welfare Removals – Professionals’ Perceptions and Practices." International Journal of Children’s Rights 29, no. 3 (August 17, 2021): 701–30. http://dx.doi.org/10.1163/15718182-29030009.
Анотація:
Abstract A child’s right to participate is one of the general principles of the Convention on the Rights of the Child (crc). It is an integral part of a child’s right to have his/her best interest taken into account as a primary consideration. Therefore, it is indispensable in the decision-making connected with child welfare removals, the effects of which on the child’s life are long lasting and profound. In this article we examine the perceptions and practices of child-welfare professionals in the context of children’s rights, especially participation rights, in two neighbouring countries: Finland and Estonia. The findings are based on a survey and suggest that in the context of children’s rights, legislation also has its role in making children’s rights a reality, both as a prerequisite for reform as well as in shaping attitudes. However, legal regulation is not enough – full realisation also reguires more information, education and resources.
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Marshall, Jill. "Giving birth but refusing motherhood: inauthentic choice or self-determining identity?" International Journal of Law in Context 4, no. 2 (June 2008): 169–85. http://dx.doi.org/10.1017/s174455230800205x.
Анотація:
AbstractIssues of what personal autonomy and identity means are investigated in the context of the European Court of Human Rights’ development of Article 8’s right to respect one’s private life into a right to personal autonomy, identity and integrity with particular reference to French anonymous birthing as explored by that court in Odièvre v France and feminist literature on mothering and autonomy. Although much critiqued by feminists, personal autonomy has been reconceptualised to mean something of worth to women. Yet, this version of autonomy can diverge into two directions in terms of individual identity as evidenced in Odièvre and in feminist literature: self-determination or self-realisation/authenticity. Conclusions are reached that making autonomy dependent on claims to ‘authenticity’ restricts personal freedom and thus ultimately identity.
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HAYDEN, PATRICK. "The human right to health and the struggle for recognition." Review of International Studies 38, no. 3 (November 30, 2011): 569–88. http://dx.doi.org/10.1017/s0260210511000556.
Анотація:
AbstractPersistent health inequalities exist globally, affecting high-income countries and blighting the developing world. Health inequalities currently are one of the greatest challenges facing realisation of the human right to health. This article argues that the struggle for the right to health in the face of such inequalities requires embracing three critical considerations: redistribution, representation, and recognition. While the analysis of the right to health has been formulated predominantly around theories of distributive justice, I suggest that a more normatively compelling account will link the politics of economic redistribution to the politics of sociocultural recognition. A recognition approach, which views rights claims as grounded on the vulnerability of the human condition, can show how rights are emergent in political action and that the ability to claim and exercise the human right to health is contingent upon recognition of diverse sociopolitical statuses. From this perspective, there are no ‘neutral’ constructions of the rights-bearing subject and conflict between different political framings of the right to health is a consequence of the struggle for recognition. This theme is illustrated by comparing conservative, affirmative, and transformative processes of recognition in the struggle for access to essential antiretroviral medicines by South Africa's Treatment Action Campaign.
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Groenewald, G. J., and M. A. Petersen. "Symmetric spectral factorisation of self-adjoint rational matrix functions." Bulletin of the Australian Mathematical Society 56, no. 1 (August 1997): 95–107. http://dx.doi.org/10.1017/s000497270003077x.
Анотація:
For a self-adjoint rational matrix function, not necessarily analytic at infinity, the existence of a right (symmetric) spectral factorisation is described in terms of a given left spectral factorisation. The formula for the right spectral factor is given in terms of the formula for the given left spectral factor. All formulas are based on a special realisation of a rational matrix function, which is different from ones that have been used before.
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Arendse, Lorette. "The Obligation to Provide Free Basic Education in South Africa: An International Law Perspective." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 6 (June 9, 2017): 96. http://dx.doi.org/10.17159/1727-3781/2011/v14i6a2610.
Анотація:
In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free primary education. This article examines the exact nature and extent of this obligation by exploring the concept of "free" basic education. The applicable international instruments and their interpretation as well as the significance of the right to education as a central, facilitative right are examined in order to establish the content of the right to basic education and the legal obligations that ensue. Against this background, the implications of the South African Constitutional Court's approach to the realisation of socio-economic rights and the possibility of the establishment of a core minimum obligation are analysed. It is argued that learners in South Africa may come from different socio-economic backgrounds but as learners in the same public school domain and as equal bearers of their constitutional right to basic education all of them are entitled to the same type and quality of free basic education.
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Inna, Horislavska. "Regarding general equality in realisation of right to separate kinds of social aid." Law. Human. Environment 10, no. 1 (April 25, 2019): 108–13. http://dx.doi.org/10.31548/law2019.01.015.
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Valdez, Amiel Ian. "Balancing the Indigenous Peoples’ Ancestral Sea Rights, and the State’s Obligation to Protect and Preserve the Marine Environment." Asia-Pacific Journal on Human Rights and the Law 23, no. 1 (February 16, 2022): 47–79. http://dx.doi.org/10.1163/15718158-23010002.
Анотація:
Abstract There is a dynamic interplay between the State’s assertion of sovereignty over its territory, and the indigenous peoples’ claim over their traditionally owned seas. As experienced by the indigenous peoples in the Philippines and Australia, this dynamism is about lobbying for the recognition of their native title over ancestral seas, which includes their traditional fishing rights, and facing State interference with their affairs in managing these so-called sea countries. In this context, this article argues that there is sufficient basis for the recognition of an ancestral sea under the core human rights instruments, particularly through the lens of the indigenous peoples’ right to self-determination, right to enjoy or manifest culture, and right to protect their means of subsistence. It further argues that the State has a positive obligation to promote the realisation of ancestral rights, despite the Law of the Sea regime’s strong position on State sovereignty and sovereign rights, as well as a State duty in protecting and preserving the marine environment condition. Hence, there should be greater recognition of the role of indigenous peoples in managing the marine ecosystem of their ancestral seas.