scholarly journals Broadening the British idealist approach to human rights: J. S. Mackenzie’s list of political, economic, and social rights

2021 ◽  
pp. 1-16
Author(s):  
Nazli Pinar Kaymaz
2020 ◽  
Author(s):  
AISDL

According to the regulations of Vietnamese law, the accused is the person prosecuted with a criminal charges. Currently, Vietnam has made many judicial reforms to improve human rights, including reforms in criminal proceedings to protect the human rights of accuseds. However, in reality, due to many objective and subjective reasons, the accused's rights are not guaranteed. Especially in the process of investigation, creating adverse effects on the political, economic and social rights of the accuseds. During special investigation and proceedings, the accused's rights are the most seriously affected. In the framework of the article, the author assesses the impact of these activities in the investigation on the accused. Beside, proposing solutions to protect accuseds, including the need for authorities to compensate for political, economic and social damage caused by the violation of law provisions during the investigation in Vietnam.


2009 ◽  
Vol 40 (1) ◽  
pp. 387
Author(s):  
Sue Farran

The article discusses the importance of land rights in the South Pacific for securing the enjoyment of other civil, political, economic, and social rights in the Pacific focusing especially on Vanuatu as a paradigm. The infringement of land rights and the abuse of natural resources in the Pacific have a long history and the consequences on human rights on the whole are severe.  The article argues that current constitutional provisions do not go far enough to ensure that land rights are protected and consequently to ensure the enjoyment human rights as a whole.


Author(s):  
Gillian MacNaughton ◽  
Mariah McGill

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.


Author(s):  
Oliver Lewis

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.


2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.


CADMO ◽  
2009 ◽  
pp. 47-54
Author(s):  
Yulia Pererva

- Since 1997, the Council of Europe has supported a Project on Education for Democratic Citizenship and Human Rights (EDC/HRE) with the aim of complimenting its treaty related activities in the fields of Human and Social Rights. The article presents the programmes and the initiatives supported and developed by the Council of Europe both at an international and at the national levels as well as the most important adopted texts and publications. It outlines the principles on which partnership and networking are built by the Council of Europe in close cooperation with member states and other regional and international institutions.Keywords human rights education, education for democratic citizenship, international cooperation.


Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.


2017 ◽  
Vol 44 (5) ◽  
pp. 127-144
Author(s):  
Paul A. Chambers

The Colombian government’s noncompliance with the U.S.-Colombia Free Trade Agreement’s Labor Action Plan calls into question not only the government’s intentions but also the efficacy of human rights activism and discourse for social resistance to neoliberalism. Colombia has managed to adjust the narrative on human rights and improve its international image, paving the way for U.S. ratification of the free-trade agreement despite the fact that the human rights situation continues to be very serious. Its success in this is due to the way in which the debate on the agreement and human rights was framed—with a very narrow focus on trade unionists’ rights and a discourse that did not link civil and political rights to economic and social rights—and to the ideological affinity between neoliberalism and the dominant liberal discourse on human rights. El incumplimiento del Plan de Acción Laboral por parte del gobierno colombiano, en el marco del TLC con Estados Unidos, pone en tela de juicio no solo las intenciones del gobierno, sino la utilidad y eficacia del activismo y discurso de los derechos humanos para la resistencia social al neoliberalismo. El Estado colombiano ha logrado ajustar la narrativa sobre los derechos humanos y mejorar su imagen internacional, lo que le permitió ser “premiado” con la ratificación del TLC a pesar de que la situación de derechos humanos siguiera siendo grave. Esto se debe a la forma en que se enmarcó el debate sobre el TLC y los derechos humanos—con un enfoque demasiado restringido y un discurso que no integró los derechos civiles y políticos con los derechos económicos y sociales—y a la afinidad ideológica entre el neoliberalismo y el discurso dominante de los derechos humanos.


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