Pushing for Political and Legal Change: Protecting the Cultural Identity of Travellers in the Netherlands

2019 ◽  
Vol 11 (3) ◽  
pp. 508-529 ◽  
Author(s):  
Leonie M Huijbers ◽  
Claire M S Loven
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Media Coverage ◽  
Central Government ◽  
Fundamental Rights ◽  
Legal Change ◽  
Public Interest Litigation ◽  
The Government ◽  
Vantage Points ◽  
Phase Out

Abstract On 12 July 2018, the central government of the Netherlands changed its approach relating to traveller camps in the Netherlands. This change constitutes a huge political shift, as the government had previously adopted a ‘hands-off’ and ‘repressive-inclusion’ strategy, which was especially known for its infamous ‘phase-out policy’ or ‘extinction policy’ of traveller camps. This has now been replaced by a fundamental rights-proof approach that facilitates the travellers’ way of life. This article aims to uncover the various actions undertaken by international and national actors that seem to have contributed to the Dutch government’s changed stance. It looks particularly at the role played by four national actors: the Netherlands Institute for Human Rights, the National Ombudsman, the Public Interest Litigation Project, and activist Roma, Sinti and travellers and their various interest groups. The article concludes that these actors’ efforts to establish political and legal change were successful as they addressed the same issue from different vantage points and through different means. That is, they all focused on the issue of the incompatibility of the phase-out policy with fundamental rights standards and relied on a variety of means available to them (such as litigation, lobbying, reporting, raising international awareness, and ensuring media coverage). By drawing some general lessons from this case study, this article aims to contribute to the existing literature on mobilizing human rights. In particular, it focuses on the (legal) activities national actors can undertake to bring about political and legal change in order to enforce the compliance of national authorities with fundamental rights standards in both law and policy.

scholarly journals DEATH OF LOCUS STANDI AND THE REBIRTH OF PUBLIC INTEREST LITIGATION IN THE ENFORCEMENT OF HUMAN RIGHTS IN NIGERIA: FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 IN FOCUS

2015 ◽  
Vol 23 (1) ◽  
Author(s):  
Raheem Kolawole Salman ◽  
F.J Oniekoro
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Fundamental Rights ◽  
Critical Examination ◽  
Public Interest Litigation ◽  
Human Rights Abuses ◽  
X Ray ◽  
The Past ◽  
Locus Standi ◽  
Phase Out

One of the various mechanisms put in place in order to address human rights abuses in Nigeria is the Fundamental Rights (Enforcement Procedure) Rules 1979. However, the Rules were punctuated with different challenges and defects ranging from the problems of locus standi to unacceptability of public interest litigation. In an attempt to address this problem, the Fundamental Rights (Enforcement Procedure) Rules 2009 was enacted. This article engages in a critical assessment of the 2009 Rules with a view to ascertaining the extent to which the Rules have come to cure the 1979 Rules. The article begins with a critical examination of defects inherent in the 1979 Rules. It goes further to x-ray the developments brought by the 2009 Rules. The article posits that the 2009 Rules have come as a leverage to problems which have, in the past, denied many litigants the opportunity to enforce their rights and claim compensation. It concludes that if properly implemented, the 2009 Rules will phase out the identified defects and strengthen public interest litigation in the areas of human rights enforcement.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

scholarly journals Sustainable access to safe drinking water: fundamental human right in the international and national scene

2017 ◽  
Vol 12 (6) ◽  
pp. 985 ◽  
Author(s):  
Celso Maran de Oliveira
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Potable Water ◽  
Human Person ◽  
Fundamental Rights ◽  
Economic Resources ◽  
Human Right ◽  
Human Rights Treaties ◽  
Access To Water ◽  
The Government

Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.

scholarly journals Problem of Statelessness in Nepal

NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Universal Principle ◽  
Legal Obligations ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

scholarly journals Tolken in de zorg: hoe wordt er met anderstalige patiënten gecommuniceerd?

2021 ◽  
Vol 31 ◽  
pp. 95-106
Author(s):  
Pavlína Knap-Dlouhá
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
The Netherlands ◽  
Organizational Structure ◽  
Language Brokering ◽  
Healthcare Sector ◽  
The Czech Republic ◽  
The Status ◽  
The Government ◽  
The Right

This article analyzes structures within which interpreters are deployed in the healthcare sector in the Netherlands and the Czech Republic. It pays particular attention to the status, conditions, and guidelines that guarantee the provision of interpreting services. The first part also explains some important concepts that are closely related to healthcare interpreting, including language brokering and natural interpreting. Despite the fact that funding for interpreting services was stopped by the government (2012), it is a developed field in the Netherlands. As a reaction to the abolition, there was a wave of protests; many parties believe that this has compromised one of the human rights (the right to access to care). In the Czech Republic, a new law was introduced (2011), the Health Services and Conditions of Provision Act, which guarantees patients the right to communication that is understandable to the patient. Since then, certain facilities were introduced that should make communication with non-native speaking patients effective. Nevertheless, more experience and knowledge should be brought in to be able to speak of a good organizational structure and quality.

scholarly journals Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique

Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Ebenezer Durojaye
Keyword(s):  
Human Rights ◽  
Gender Inequality ◽  
Cultural Practices ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Cultural Challenges ◽  
Substantive Equality ◽  
The Government ◽  
Fundamental Rights And Freedoms ◽  
Key Words Gender

The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/ child marriage -in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures taken by the government of Mozambique to address gender inequality are consistent with its obligations under international human rights law. For the purpose of this analysis, the article focuses on Mozambique’s obligations under the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on the Rights of Women (African Women’s Protocol). The article concludes by making suggestions on how Mozambique can better safeguard the rights of women and improve their status. Key words : gender inequality, human rights, socio-cultural practices, Mozambique 

scholarly journals Features Of Fundamental Rights In The Context Of The Philosophy Of Law

wisdom ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 159-165
Author(s):  
Lilit KAZANCHIAN
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Fundamental Rights ◽  
Philosophy Of Law ◽  
Structural Element ◽  
Legitimate Interests ◽  
The Government ◽  
The Individual ◽  
The Given ◽  
Distinguishing Features

The article explores the notion and peculiarities of fundamental rights of the individual in the modern, legal state. In the given research the author implements versatile, holistic, systematical (methodical) analysis of content and distinguishing features of the structural element of the concept “legal status of the individual”. Therefore, the theoretical and practical research of problems of development of fundamental human rights, gives an opportunity to find new solutions in protections of relations concerning the individual's legal status. This study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the fundamental rights of the individual. Summering up the results of explored issues, we concluded, that in recent decades, the philosophy of law (with the theory of state and law) took under its active protection and guardianship man with his rights, freedoms and legitimate interests, and which have ceased to be the subject of national legislation’s regulation, and moved to the international legal platform. Consequently, the government is obligated to guarantee the fundamental human rights and freedoms. Hence, theoretical, methodological and practical analyze of problems of the individual's legal status and elaboration of  suggestions concerning enhancement of national legislation, is one of the most actual problems of jurisprudence.

scholarly journals The Guiding Principles on Business and Human Rights: National Action Plans Toward Corporation Responsibility

2018 ◽  
Vol 4 (2) ◽  
pp. 123 ◽  
Author(s):  
Ni Ketut Supasti Dharmawan ◽  
Desak Putu Dewi Kasih ◽  
I Gede Agus Kurniawan ◽  
Putu Aras Samsithawrati
Keyword(s):  
Human Rights ◽  
Central Government ◽  
Action Plan ◽  
Local Level ◽  
Action Plans ◽  
Business And Human Rights ◽  
Legal Method ◽  
Global Standards ◽  
Guiding Principles ◽  
The Government

As a global principal, corporations have the obligation to comply with national and international hard law of human rights, respect soft laws and global standards. The United Nations Guiding Principles on Business and Human Rights (GPs) of 2011 were unanimously endorsed by the Human Rights Council and are respected as a global standard that stipulates that corporations should respect human rights when conducting their business activities. The purpose of this paper is to examine the scope and focus of National Action Plans (NAPs) by comparing the Netherlands NAP on Human Rights (2013) is compared to the UK’s updated NAP of 2016 with the aim of providing ideas and good examples of a NAP for Indonesia. This study used normative legal method. It is considered to be a valuable lesson both for developed and developing countries that for practical matters it is highly important to create and implement a NAP for the implementation of the GPs. Fortunately, Indonesia in June 2017 has launched a National Action Plan on Business and Human Rights (NAP). The burden responsibility to carry out the NAP on Business and Human Rights to corporation to be implemented strongly rests on the government authorities both central government and all levels authorities, including the local level, have the duty to implement human rights obligation, including to convince corporations that upholding the GPs will ultimately be to their benefit.

Assessing Indonesia’s Capacity for Preventing Mass Atrocities

2020 ◽  
Vol 12 (4) ◽  
pp. 415-439
Author(s):  
Ririn Tri Nurhayati
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Central Government ◽  
Human Rights Violations ◽  
New Order ◽  
The Future ◽  
The Government ◽  
Governmental Institutions ◽  
Relevant Factors

Abstract With the pervasive violations of human rights, including mass atrocities, which happened during the authoritarian New Order administration, the literature on human rights in Indonesia has often been highly critical of the regimes’ human rights record. Indonesia’s regime change in 1998 brought in a more optimistic outlook; successive regimes have shown a stronger commitment to respecting human rights. However, the government still faces challenges in protecting such rights, and in acknowledgement and resolving past gross human rights violations. Consequently, future mass atrocities may not be readily avoided. This study aims to explore Indonesia’s capacity for avoiding future atrocities by evaluating three relevant factors: the influence of the interest-based arguments of the central government elites, the extent to which the idea of ‘sovereignty as responsibility’ has spread among Indonesian governmental institutions, and the role of non-state actors. All of these factors shape Indonesia’s capacity to respond to and prevent any occurrence of mass atrocities in the future.

scholarly journals Public Interest Litigation: A Conceptual Framework

2010 ◽  
pp. 85-89
Author(s):  
Manas Ranjan Samantaray ◽  
Mritunjay Sharma
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Good Governance ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Special Role ◽  
Public Interest Litigation ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The Government

Public interest litigation (PIL) has a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation.PIL, for instance, offers a ladder to justice to disadvantaged sections of society, provides an avenue to enforce diffused or collective rights, and enables civil society to not only spread awareness about human rights but also allows them to participate in government decision making. PIL could also contribute to good governance by keeping the government accountable. This article will show, with reference to the Indian experience, that PIL could achieve these important objectives. However, the Indian PIL experience also shows us that it is critical to ensure that PIL does not become a facade to fulfil private interests, settle political scores or gain easy publicity. Judiciary in a democracy should also not use PIL as a device to run the country on a day-today basis or enter the legitimate domain of the executive and legislature. The challenge for states, therefore, is to strike a balance in allowing legitimate PIL cases and discouraging frivolous ones. One way to achieve this balance could be to build in economic (dis)incentives in PIL and also confine it primarily to those cases where access to justice is undermined by some kind of disability. Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Court’s directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. However, these entire scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.

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