scholarly journals ‘Jistis ak Reparasyon pou Tout Viktim Kolera MINUSTAH’: The United Nations and the Right to Health in Haiti

2015 ◽  
Vol 28 (3) ◽  
pp. 507-527 ◽  
Author(s):  
ROSA FREEDMAN ◽  
NICOLAS LEMAY-HEBERT
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Right To Health ◽  
Human Rights Violations ◽  
Private Law ◽  
Cholera Outbreak ◽  
National Courts ◽  
The Right

AbstractThe Haiti cholera claims are focused upon the UN's violation of the rights of individuals affected by the cholera outbreak to access a remedy. The UN's absolute immunity from jurisdiction of national courts is counterbalanced by its duty to provide alternative dispute resolution mechanisms for private law claims. The UN has not only failed to provide those alternative dispute resolution mechanisms, but has repeatedly stated that no claims are receivable in these circumstances. Here we set out that even if the UN is able to shield itself from private law claims by using the cloak of absolute immunity, the UN might be held responsible for human rights violations arising from the cholera outbreak in Haiti. This article is concerned with the broader issue of whether the UN has violated and continues to violate individuals' right to health in Haiti.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.

scholarly journals Violation of The Universal Declaration of Human Rights 1948 for Crimes Against Humanity in Myanmar and China

Jurnal Selat ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 200-217
Author(s):  
Fithriatus Shalihah ◽  
Muhammad Raka Fiqri ◽  
Mohd. Arief
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Secondary Data ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Decent Life ◽  
The United Nations ◽  
The Government ◽  
The Right

Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.

scholarly journals INTERNATIONAL ASSISTANCE AND COOPERATION IN HEALTH UNDER THE INTERNATIONAL LAW REGIME: A CALL FOR RESPONSIBILITIES

2013 ◽  
Vol 13 (2) ◽  
Author(s):  
Angela Pires Terto
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Human Rights Violations ◽  
International Assistance ◽  
Legal Foundations ◽  
The Right

This article examines the international assistance and cooperation (IAC) under the international law. It discusses human rights obligations regarding IAC in health taking into account international legal foundations and drawing core principles based in the right to health normative features. It also suggests that extra-territorial responsibilities should apply in order to prevent human rights violations in the context of IAC.

scholarly journals Tax Regime in Nepal-Implications on Human Rights

2018 ◽  
pp. 68-85
Author(s):  
Dagan Omwesiga
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Tax Evasion ◽  
Poverty Line ◽  
Right To Health ◽  
Right To Food ◽  
The Government ◽  
Bar Association ◽  
The Right ◽  
Over Time

This paper examines how tax abuse affects the realization of human rights in Nepal. Nepal is losing approximately 597 million US dollars through tax evasion and other illicit fi nancial fl ows annually; it is no surprise that over 25.2 percent of the population lives below the national poverty line.1 This shows that they lack access to basic human rights such as the right to food, the right to housing, the right to clothing and above all, the right to health. This article explores how human rights in Nepal have evolved over time and how they are protected along with the available remedies through national and international mechanisms. Additionally, it examines the available mechanisms and remedies for the breach of human rights. To contextualize the concept offered, this write-up explores the research produced by scholars and the steps that have been taken by organizations like United Nations and the International Bar Association to establish a link between illicit fi nancial fl ows and violation of human rights. In conclusion, the paper provides some recommendations to both the government of Nepal and business enterprises.

scholarly journals ENSURING THE RIGHT TO HEALTH OF STAFF OF THE UNITED NATIONS

2020 ◽  
Vol 73 (9) ◽  
pp. 2044-2048
Author(s):  
Tetiana L. Syroid ◽  
Lina O. Fomina ◽  
Oleksandr A. Havrylenko
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Civil Servants ◽  
Methodological Basis ◽  
The United Nations ◽  
The Right

The aim: Of the study is to characterize the internal acts of the United Nations on the regulation of the right to health of its staff. Materials and methods: Achieving the purpose of the study is ensured due to the analysis of internal acts of the United Nations, doctrinal sources on the issue selected. The methodological basis is a number of special and general methods. Conclusions: The right to health guaranteed by the International Bill of Human Rights is comprehensive and closely linked to labour human rights. International civil servants of the UN system are not exempt. Thus, within the United Nations, a number of acts have been developed, the provisions of which set out recommendations aimed at reducing possible cases of infection of workers, maintaining their mental health while on quarantine, informing staff about their actions in case of illness, testing workers, etc. However, these acts need to be improved.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

Child appropriations and irregular adoptions: Activism for the “right to identity,” justice, and reparation in Argentina and Chile

Childhood ◽  
2021 ◽  
pp. 090756822110286
Author(s):  
Soledad Gesteira ◽  
Irene Salvo Agoglia ◽  
Carla Villalta ◽  
Karen Alfaro Monsalve
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
The Right

In this article we examine the process of construction and transformation of the meanings surrounding the serious violations of the Right to Identity in Argentina and Chile, which encompass from child appropriations during dictatorships to so called “irregular adoptions.” We inquire about how activists have built their public claims of justice and reparation. We discuss the singularities and differences of these processes in both countries and the current challenges, particularly in the construction of those affected as victims of human rights violations.

Sign in / Sign up

Export Citation Format

Share Document