The Transformative Potential of a Vulnerability Focus in Basic Assistance Policies

2021 ◽  
Author(s):  
Veronika Flegar

The term 'vulnerability' is often used in law and policy to refer to disadvantaged, marginalized or excluded human beings. This book explores how a vulnerability focus in basic assistance policies can contribute to substantive equality and therefore to the realization of universal human rights in the migration context. It concentrates on the potential that such a vulnerability focus can have to mitigate stigmatization and stereotyping and to facilitate socio-economic participation.

2018 ◽  
Vol 19 (1) ◽  
pp. 113-126
Author(s):  
André Luiz Olivier da Silva

Resumo: Neste trabalho analisam-se as exigências por direitos humanos enunciados a partir de uma perspectiva universal, segundo a qual esses direitos se constituem dentro de obrigações gerais e são válidos para todas as pessoas do mundo. Mas podemos falar em direitos humanos considerados gerais e absolutos mesmo quando não se consegue especificar o detentor e o destinatário dos direitos em uma relação obrigacional específica? Com base em um procedimento de observação e na explicitação de algumas exigências por direitos humanos no mundo contemporâneo, aborda-se a natureza dos direitos a partir da correlação obrigacional entre direitos e deveres, bem como a distinção entre direitos especiais e direitos gerais, destacando que os direitos humanos são reivindicados como direitos gerais e universais, embora não se possa afirmar que sejam universais em si mesmos. A hipótese  neste artigo é a de que os direitos humanos são reivindicados “como se” fossem “gerais” dentro de obrigações específicas, seja em um conflito entre cidadãos e o Estado, seja a partir das relações dos países na comunidade internacional. Quando não estão especificados em obrigações concretas, esses direitos apresentam dificuldades quanto à sua efetividade justamente porque não se consegue identificar e especificar sujeitos e destinatários – que não são exatamente o Estado ou o cidadão deste ou daquele país, mas, sim, a pessoa humana. Nesse sentido, ainda estamos longe do ideal de universalização dos direitos humanos na comunidade internacional, e esses direitos só podem ser exercidos quando incorporados a um ordenamento jurídico ou, ao menos, inseridos em práticas morais e sociais.Palavras-chave: Direitos humanos. Direitos gerais. Universalidade. Obrigações específicas. Abstract: This paper discusses the claims by human rights from a universal perspective, according to which human rights constitute general obligations and are valid for all people of the world. Can we talk about human rights considered general and valid for all human beings even when we can not specify the holder and the addressee of rights in a specific obligational relationship? Based on a procedure of observation and explanation of some claims for human rights in the contemporary world, this article aims to approach the nature of these rights from the obligational correlation between rights and duties, as well as the distinction between special rights and general rights, highlighting that human rights are claimed as general rights, emphasizing its “universal” character, although we can’t ensure that these rights are universal in themselves. Our hypothesis is that human rights are claimed “as if” they were “general” within specific obligations, whether in a conflict between citizens and the state, as based on the relations of countries in the international community. When not specified in concrete obligations, human rights have doubts as to its effectiveness precisely because it is not easy to identify and specify recipients and subject of rights – which are not exactly state or country, but rather the human person. In this sense, we are still far from the ideal of universal human rights in the international community, and these rights may be exercised only when incorporated into a law, or at least, embedded in moral and social practices.Keywords: Human Rights. General rights. Universality. Specific obligations.


2014 ◽  
Vol 10 (4) ◽  
pp. 478-493 ◽  
Author(s):  
Savitri Goonesekere

AbstractDespite international and national human rights norms and standards, gender equality remains a goal in most countries. The recent discourse on substantive equality as a strategy for addressing the gender discrimination, disadvantage and deep-rooted social biases has reinforced the importance of working towards indivisible human rights for girls and women under CRC and CEDAW. This paper uses international and comparative national experiences on law and policy to argue that the failure to adopt an indivisibility of rights approach in relation to girl children has made it more difficult to achieve a norm of substantive equality for women. It is argued that the adoption of an intergenerational and rights-based, rather than a social welfare approach, is a necessary step to achieving substantive equality for women.


2019 ◽  
Vol 1 (1) ◽  
pp. 71-74
Author(s):  
Kristina Andrews

This professional book review provides a critique of R. P. Churchill's (2006) book entitled Human Rights and Global Diversity: Basic Ethics in Action. His book is divided into three chapters: 1. Reasoning about Human Rights, 2. Debating the Universality of Human Rights, and 3. Human Rights and Cross Cultural Negotiations. Churchill presented the concepts and constructs of human rights, the universality of human rights and an argument for human rights.  Churchill’s overarching claim for human rights was that they are the same for all human beings regardless where they reside.  In addition to presenting the arguments for universal human rights he presented the oppositional constructs by the integration of the voices of notable theorists.


Author(s):  
Sara Margarita Yañez-Flores ◽  
Jaquelina Lizet Hernández-Cueto ◽  
María del Consuelo Salinas-Aguirre ◽  
Alma Verena Solís-Solís

Leisure and free time are a part of human beings’ life, and perhaps neither how nor why is thought of. In leisure, activities are individual and obligation free; free time activities, although can be chosen whether to do them or not, are linked to social pressures and included in the legislation and as universal human rights: Recreation, amusement and rest. The objective of the article is to analyze the way in which the post-degree students visualize and incorporate the leisure and free time in their everyday life. The used method is quantitative, explorational-descriptive, and transversal. The article contributes demonstrating the subjective wealth that impregnates the leisure forms and free time activities into the way each of the individuals do things, think, say, and spend time in their educational, social, and work related relationships and interrelationships. The questionnaire was answered by 70 post-degree students ―53 women and 17 men― most of them working. Some female students spend 15% of their week in free time activities and 27.5% to leisure; in both activities men said to spend 27% of their week. Only 16 women and six men consider free time as a fundamental human right.


2008 ◽  
Vol 70 (2) ◽  
Author(s):  
Richard Delgado

Are human rights expanding over time? Christopher Stone, Peter Singer, and many others hold that they are and that this is a good thing. In a famous article and book, Stone points out that in early times, human beings recognized rights only for members of their immediate family or clan. Gradually, our circle of concern expanded to include members of other clans, then foreigners, women, Jews, and members of other races. Stone writes that we will eventually come to endow natural objects, such as rocks, trees, fish, and rivers, with rights, so that one day the entire natural environment will receive protection in its own right, not merely because this will benefit humanity.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.


Sign in / Sign up

Export Citation Format

Share Document