7. Food, education, health, housing, and work

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Main Concern ◽  
Political Rights ◽  
Specialized Knowledge ◽  
Policy Makers ◽  
Cultural Rights ◽  
Food Education ◽  
The Right ◽  
Health And Well Being

‘Human rights’ covers not only civil and political rights such as freedom from torture, slavery, and arbitrary detention, but also economic, social, and cultural rights. Everyone has the right to a standard of living adequate for their health and well-being and the right to security. ‘Food, education, health, housing, and work’ considers these rights in turn, examining their place in a wider view of human rights, and the appropriate mechanisms for their enforcement. A main concern is that economic and social policy is best determined by policy makers who are democratically accountable, and not by unelected judges with no specialized knowledge of how to prioritize the distribution of limited resources.

Economic, Social, and Cultural Rights and the Interamerican System

1977 ◽  
Vol 19 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Lawrence J. LeBlanc
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Capital Punishment ◽  
Well Being ◽  
Political Rights ◽  
International Agreement ◽  
World War ◽  
Cultural Rights ◽  
The Right ◽  
Health And Well Being

The human rights proclaimed and affirmed in the various international declarations, conventions, and covenants adopted since World War II fall into two broad categories: civil and political; and economic, social, and cultural. The former includes the traditional rights of man, such as the rights to life and liberty; the latter includes such rights as the right to work, to social security, and to the preservation of one's health and well-being.International agreement in principle on most civil and political rights as human rights has been relatively easy to achieve; disagreement has occurred—and is likely to continue to occur-primarily over their precise meaning. Virtually everyone endorses, for example, a right to life; not everyone agrees, however, that capital punishment or abortion must therefore be prohibited by law.

Human Rights

2013 ◽  
Author(s):  
Joseph M. Wronka
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Well Being ◽  
The United States ◽  
Political Rights ◽  
Periodic Review ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
Guiding Principles ◽  
The Right

At the heart of social work, human rights are a set of interdependent guiding principles having implications for meta-macro (global), macro (whole population), mezzo (at risk), micro (clinical), meta-micro (everyday life), and research interventions to eradicate social malaises and promote well-being. They can be best understood vis-à-vis the UN Human Rights Triptych. This consists of the Universal Declaration of Human Rights, increasingly referred to as customary international law on the center panel; the guiding principles, declarations, and conventions following it, on the right panel—like the conventions on the Rights of the Child (CRC), Elimination of Racial Discrimination (CERD), and Elimination of Discrimination Against Women (CEDAW); and implementation mechanisms, on the left panel—like the filing of country reports on compliance to conventions, the Universal Periodic Review, thematic and country reports by special rapporteurs, and world conferences. Briefly, this powerful idea, which emerged from the ashes of World War II, emphasizes five crucial notions: human dignity; non-discrimination; civil and political rights; economic, social, and cultural rights; and solidarity rights. Whereas this article emphasizes issues pertaining to the United States, it touches upon other countries as appropriate, calling for a global vision in the hopes that every person, everywhere, will have their human rights realized. Only chosen values endure. The challenge, through open discussion and debate, is the creation of a human rights culture, which is a lived awareness of these principles in one's mind, heart, and body, integrated dragged into our everyday lives. Doing so will require vision, courage, hope, humility, and everlasting love, as the indigenous spiritual leader Crazy Horse reminds us.

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.

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>

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
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.

scholarly journals U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966

2021 ◽  
Vol 5 (1) ◽  
pp. 46-56
Author(s):  
Aisha Jadoon ◽  
Ali Asghar Chusti
Keyword(s):  
Human Rights ◽  
Analytical Study ◽  
Freedom Of Expression ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Human ◽  
The Right

The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.

scholarly journals Les situations d'urgence qui permettent en droit international de suspendre les droits de l'homme

2005 ◽  
Vol 18 (1) ◽  
pp. 3-60 ◽  
Author(s):  
Guy Tremblay
Keyword(s):  
Human Rights ◽  
European Commission ◽  
Well Being ◽  
Affirmative Answer ◽  
European Convention ◽  
Main Element ◽  
Political Rights ◽  
Emergency Situations ◽  
Droit International ◽  
The Right

This article describes and comments the types of emergency situations which are recognised by the international law of human rights as justifying suspension of specific rights and freedoms. The European standards on this matter are extensively analysed, and subsidiary consideration is given to many connected agreements and reports sponsored by international organisations. The introduction asks whether the public danger must always be "officially proclaimed". It then indicates what state organs should be competent to declare an emergency and to what extent their decisions in this respect are liable to effective judicial and political control. On the availability of such checks depends the enforcement of those further safeguards which international bills of rights have set with respect to when a crisis actually prevails. The first Chapter considers the terms whereby the derogation clauses of international charters of human rights refer to emergency situations and draws upon the construction which has been officially given to the relevant provisions. The definition of a public danger may be more or less encompassing and consequently more or less permissive. Thus, the reference in article 4(3)(c) of the European Convention on Human Rights to threats to the "well-being" in addition to threats to the "life" of the community has significantly broadened the scope of emergency exceptions to the freedom from forced or compulsory labour. Under the American Convention on Human Rights, derogatory measures can be taken when a situation "threatens the independence or security of a State Party", and it is demonstrated that this provides no valuable test as to whether a proclamation of emergency corresponds to an actual danger. The same is true of the expression "(threat to) the interests of the people" which appeared in the drafts of both the European Convention and the UN Covenant on Civil and Political Rights. These two agreements, as well as the European Social Charter, condone the taking of derogatory measures wherever the "life of the nation" is endangered, and the meaning of this phrase is studied in the light of the relevant preparatory works and the judicial pronouncements of the European Commission and Court of Human Rights. In the second Chapter, critical sets of circumstances involving revolutionary elements are considered with a view to ascertaining whether they meet the requirements of international bills or rights as regards the nature of the crisis. The main problem which was brought before the European Commission with respect to this matter is raised by the coming to power of an unconstitutional government. Has such a government the right to derogate from the Convention in order to preserve its own existence? An affirmative answer was given in the First Greek Case. Nevertheless, it is submitted that the Report of the Commission on this Case embodies a considerably hardened approach as compared to its earlier case-law. Moreover, on the merits of the Case, the Commission has not stuck to the right question and has overlooked the main element: it has, in fact, decided that on April 21, 1967, no public emergency threatened, the life of the constitutional, rather than the revolutionary, Government of Greece and it has not drawn at all upon the effects of the occurence of the coup itself. Threats to the territorial integrity of Contracting Parties are then shortly discussed and, with particular reference to self-determination, it is shown that most derogation clauses favour the preservation of the status quo. The same would hold good when it comes to threats to democracy as such, whether they be raised lawfully or not. In this connection, the European Commission appears to have qualified the sweeping language that it originally used in the German Communist Party Case. As to duration, finally. Chapter three asks whether the periods just preceding and just following a public danger are themselves covered by the relevant derogatory provisions. Anticipatory proclamations of emergency are invariably accepted as legitimate. All derogation clauses indicate that it is the threat which must be actual and not the hostilities, though these must be imminent. The European Commission has not applied consistently its own views on this matter. Conversely, transitional states of emergency may be acceptable from an economic standpoint, but not in the field of human rights. The difficulty here is to make sure that a crisis has not merely been placed under control and that a withdrawal of derogatory measures will not revive the threat to the life of the nation. This problem, it is submitted, must be treated in conjunction with the determination whether the suspension of rights and freedoms remained "strictly required by the exigencies of the situation". The article concludes that valuable standards have been set on the international plane as to conditions regulating the existence of those public emergencies which condone suspension of human rights. Most of these tend to make sure that the legal conception of a public danger continuously relates to an actual crisis and remains essentially limited in substance and in time. The case is also made for the retention of judicial control over the type of "political" decision involved.

7. Categories of rights

2017 ◽  
Author(s):  
Theo van Boven
Keyword(s):  
Human Rights ◽  
Human Person ◽  
Well Being ◽  
Individual Rights ◽  
Political Rights ◽  
Mutual Relationship ◽  
Human Beings ◽  
Fundamental Nature ◽  
Collective Rights ◽  
Cultural Rights

This chapter discusses different human rights categories. A first categorization distinguishes civil and political rights from economic, social, and cultural rights. This distinction is, however, increasingly contested, and should not disguise the mutual relationship between these rights as essential conditions for the life and well-being of the human person. A second distinction is that between the rights of individuals and the rights of collectivities, in particular indigenous peoples. Collective rights offer parameters for the effective enjoyment of individual rights. A third distinction is that between core rights and other rights, raising the issue of whether there is a ranking among human rights as to their fundamental nature. It is argued that basic substantive rights determining the life, survival, dignity, and worth of individuals and peoples may be considered as core rights. The chapter finally discusses the question of whether ‘new human rights’ are emerging. It suggests that this question be approached with caution, and that human rights should be understood in an inclusive and newly focused manner, encompassing hitherto marginalized and excluded groups and human beings.

scholarly journals Enforcement of Women's Rights through Education

2019 ◽  
Vol 8 (4) ◽  
pp. 5397-5402
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Striking Similarity ◽  
Political Rights ◽  
Fundamental Freedom ◽  
Cultural Rights ◽  
Basic Rights ◽  
The Status ◽  
Comprehensive Treatise ◽  
The Face

The experiences of successive world wars brought the Universal Declaration, bringing an adherence of acceptance from all the countries which proved to be a comprehensive treatise of inviolable and in alienated human rights. It bestows civil and political rights including right to life, liberty, free speech and privacy. In addition it includes economic, social, cultural rights being right to social security, health and education. These entitled basic rights and fundamental freedom that helps in promoting peace and progress by preventing atrocities against humanity. Widening its domain, today human rights have befitted essential in achieving development goals which enables a constant improvement of well being of inhabitants of the world. The paper aims at drawing a similarity in the case study of an autobiography of 19th century (Amar Jibon by Rassundari Devi) and an autobiography of 21st century (I Am Malala by Malala Yousafzai), one being the earliest of women autobiographies and the other being most horrific and recent one. Both the characters establish an indistinguishable coherence between development and acquisition of basic rights for women. Malala recognized as a human rights champion, continued to speak out portraying the indomitable courage even on the face of religious and military activists. Rassundari Devi silenced under patriarchal norms and a life burdened with duty and responsibilities which eventually made her acquire a greater strength to become a lettered woman. The paper presents striking similarity in the status of women from two different time zones who fought for their rights and carved a niche for themselves as liberated women. They emerged successful in terms of their courage and determination by seeking live of equality and freedom.

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