10. Adequate standard of living

Author(s):  
Asbjørn Eide

This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. It is organized as follows. Section 2 analyses the meaning and key features of the right to an adequate standard of living. Section 3 examines the normative content of this right and its components, namely, the rights to food, housing, and health. Section 4 explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people. Section 5 addresses the relationship between the right to an adequate standard of living and other human rights. Section 6 examines the question of progressive implementation of this right. Section 7 addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.

Author(s):  
Carla Ferstman

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.


AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 317-321
Author(s):  
Guofu Liu

The COVID-19 pandemic is having serious and disproportionate effects on nationals abroad and their families globally. Many states have adopted positive measures including temporarily suspending forced returns as well providing visa and work permit extensions, temporary residence, or other forms of regular status to ensure that migrants are accounted for in national responses to the pandemic. Nevertheless, the human rights of nationals abroad and nationals with foreign family members have faced significant challenges. Some states have fully or partially closed entry to all of their own nationals and their foreign family members, in violation of nationals’ right to return and their right of family unification. Other states’ nationals abroad have been unable to enjoy the right to an adequate standard of living and the right to health. Many have also encountered the burdens of hate speech in both their home states and the states in which they live, the effect of which has been to undermine freedom of opinion and expression and the right to equality and non-discrimination. This essay identifies and explains these threats to human rights in the era of COVID-19. The essay encourages states to recommit to rights protection.


2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.


2017 ◽  
Vol 10 (2) ◽  
pp. 1-21
Author(s):  
Edi Gunawan

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah ,dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.


2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.


2018 ◽  
Vol 2 (4) ◽  
pp. 48-60
Author(s):  
Fernanda Fonseca de Oliveira ◽  
Jean Guilherme Oliveira ◽  
Tiago Bonfim Dias ◽  
Mayara Pissutti Albano Vieira

The right to suitable housing has become recognized and accepted by the international community since its inclusion in the Universal Declaration of Human Rights in 1948, whosetext, in its article 25, alleges that everyone has the right to an adequate standard of living for the family’s health and welfare, including food, clothing, medical care and the necessary social services. In Brazil, low constructive and architectural quality mark the production of social housing, culminating on the reduction of the beneficiary’s quality of life and environmental problems. Therefore, the present work aims to submit surveys and analysis of Ana Jacinta housing complex in the city of Presidente Prudente, São Paulo, in order to evaluate the environmental and urban quality of the units delivered to beneficiaries in the early 1990s. The methodology isbased in bibliographic and documentary surveys.


2006 ◽  
Vol 1 (1) ◽  
pp. 17-39 ◽  
Author(s):  
Paul Weller

AbstractDiscussions about the relationship between 'religion' and 'human rights' often focus on the problems that arise from 'religion'. Within a European historical perspective this is understandable since one of the most important aspects of the historical development of the 'human rights' tradition in the Europe has been the struggle for the right not to believe.However, the concept of the 'secular' is also not unproblematic. Thus this article explores the contested relationship between 'human rights' and 'religion' by bringing into focus also the relatively hidden factor of the 'secular'. This is done by exploring the forms of secularity exemplified in the traditions and approaches that are found in the USA, France, Turkey, the Netherlands and India. Finally, reference is made to traditional Islamic models for integrating cultural and religious plurality, before concluding with some discussion of the thought of Marc Luyckx in relation to the future of Europe.


2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.


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