The Right to Petition an International Authority

1953 ◽  
Vol 2 (4) ◽  
pp. 542-563 ◽  
Author(s):  
J. W. Bruegel
Keyword(s):  
Human Rights ◽  
General Assembly ◽  
Political Rights ◽  
Human Right ◽  
Cultural Rights ◽  
International Authority ◽  
Sixth Session ◽  
The Individual ◽  
The Right ◽  
United Nations Charter

Article 55 of the United Nations Charter commits the member States to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,” recognising thus for the first time the individual as a subject of international law. This would have certainly been a very welcome step—yet we can hardly overlook the fact that very little has been done during the years since 1945, to enable the individual to enjoy this right, guaranteed by the Charter. The “Bill of Rights,” promised in 1946, is far from being completed and ripe for ratification. Rescinding a decision of its fifth session in favour of the inclusion of economic, social and cultural rights in the Draft Covenant of Human Rights, the General Assembly voted during its sixth session in favour of the drafting of two Covenants, one to guarantee civil and political rights and the other economic, social and cultural rights. The drafts of these two documents in the form they emerged from the ninth session of the UN Commission on Human Rights (April 7 to May 30, 1953) do not provide possibilities for the individual to petition an international authority in case of an alleged violation of the Covenant's provisions—in spite of the opinion expressed by the General Assembly at its third session in 1948, that “the right of petition is an essential human right.”

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

scholarly journals The concept of human rights in the political and legal doctrine of the Ukrainian Party of Socialist-Revolutionaries of 1917-1921

2020 ◽  
Vol 11 (11) ◽  
pp. 162-168
Author(s):  
Muzyka I.
Keyword(s):  
Human Rights ◽  
The Political ◽  
Political Rights ◽  
Equal Rights ◽  
Legal Doctrine ◽  
Economic Rights ◽  
Cultural Rights ◽  
National Minorities ◽  
The Individual ◽  
The Right

The genesis of rights and freedoms in the history of Ukrainian state-building is closely linked to the activities of Ukrainian political parties and their leaders. Today, in the face of the global economic crisis and the coronavirus epidemic, the concept of human and citizen rights and freedoms is subject to skepticism and criticism. Reassessing the experiences of previous generations can help find ways to overcome a crisis. The concept of the human rights of the UPSR can be characterized as a collectivist, which, in accordance with the idea of prioritizing the interests of the dominant class of workers over the interests of the individual, significantly limited the political and economic rights and freedoms of a large part of the population. At the same time, the concept contained, at the time, quite advanced provisions on equal rights between men and women and national minorities, the provision of equal suffrage, the right to free education and the use of cultural and economic institutions, etc. The concept did not contain a clear division of human rights and citizens into their types. In particular, some economic, social and cultural rights were included in the list of political rights. A significant influence on the formation of the list of rights and freedoms and their content was made by the model of the future socialist Ukrainian state M. Hrushevsky, who was in fact the ideological inspirer of the leadership of the UPSR throughout the party's existence. The basic principles of the concept of human rights of the UPSR were reflected in the Constitution of the UNR in 1918. Keywords: Ukrainian Party of Revolutionary Socialists, Human Rights and Freedoms, M. Hrushevsky, Ukrainian National Republic (UNR), Constitution of the UNR in 1918.

Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe

2014 ◽  
Vol 42 (1) ◽  
pp. 121-134
Author(s):  
Alexandre Peñalver i Cabré
Keyword(s):  
Human Rights ◽  
First Generation ◽  
18Th Century ◽  
Third Generation ◽  
Political Rights ◽  
Human Right ◽  
Effective Protection ◽  
Cultural Rights ◽  
Additional Layer ◽  
Civil And Political Rights

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).

Teaching Literature in Schools for Democratic Citizenship

2021 ◽  
Author(s):  
Ruth Heilbronn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Democratic Citizenship ◽  
Creative Arts ◽  
Human Right ◽  
Teaching Literature ◽  
The United Nations ◽  
The Individual ◽  
United Nations Charter ◽  
At Home

Education is a human right and benefits both the individual and the whole society. Education that encourages debate and discussion and acknowledges complexity and ambiguity is essential for people to develop a respect for others and for democracy—that is, to participate as citizens. This concept is encapsulated in the United Nations Charter of Human Rights. The humanities and the creative arts are important curriculum areas that can encompass diversity and complexity and support the development of a necessary critical disposition. Study in these areas helps to create people who are at home in a culture in which openness to others and criticality in receiving ideas are paramount. Literature plays a key role in attaining these curriculum aims.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

The Right to Insolation in the System of Human Rights (on the Example of the Russian Federation)

2019 ◽  
pp. 2097-2106
Keyword(s):  
Human Rights ◽  
Methodological Approach ◽  
General Description ◽  
Federal Law ◽  
Legal Regime ◽  
Human Right ◽  
Objective Sense ◽  
Favourable Environment ◽  
The Individual ◽  
The Right

The article studies the general description of the modern Russian concept of human rights in dynamics. The authors use the established methodological approaches to the analysis of human rights: in the objective sense, as an established system of human rights, and in the subjective sense, as claiming for specific benefits, action, behaviour. There are ‘new’ rights and freedoms of man and citizen, such as human right to insolation (right to sunlight). Based on this methodological approach, the authors understand this right in an objective sense as the set of rules governing the legal relations in the field of insolation. Thus, the right to insolation is interpreted as a legal regime, characterised by a set of rules that provide a certain level of solar energy. In the subjective sense, the right to sunlight is a combination of powers belonging to the individual in the realisation of their ability to use sunlight. The authors believe that the right to insolation is complex and is a component of the right to health, the right to housing, the right to favourable environment, etc. for the best implementation of its need to consolidate and develop in federal law

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

scholarly journals THE RIGHT TO VOTE FOR NON-RESIDENT CITIZENS IN EUROPE

2016 ◽  
Vol 65 (4) ◽  
pp. 859-894 ◽  
Author(s):  
Richard Lappin
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Human Right ◽  
European Court ◽  
Civil And Political Rights ◽  
Right To Vote ◽  
The Right ◽  
Political Right

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

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