Part V Economic and Social Rights, Ch.17 Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities: Articles 20–22, 24, and 44

2018 ◽  
Author(s):  
Pérez-Bustillo Camilo ◽  
Hohmann Jessie
Keyword(s):  
Indigenous Rights ◽  
Social Rights ◽  
Economic Rights ◽  
Cultural Rights ◽  
Indigenous Worldviews ◽  
Right To Development ◽  
History Of ◽  
Women And Children ◽  
The Right ◽  
Core Issues

This chapter looks at Articles 20, 21, 22, 21, and 44, considering rights to development, socio-economic rights, and rights for groups with particular vulnerabilities. These provisions are centred on: the economic, social, and cultural rights of indigenous peoples, with a particular focus on the right to health; their right to development; and the rights of those indigenous individuals and groups who are particularly vulnerable, including women and children, and again with a particular focus on women's rights to be free from violence. The provisions highlight the evolving place of indigenous rights within the overall framework of international law and international human rights. However, the negotiating history of the provisions demonstrates that some of the core issues addressed in these Articles remain contested. The right to development itself, let alone a vision of development in harmony with indigenous worldviews, remains controversial and resisted by states.

Economic and Social Rights

2017 ◽  
Author(s):  
William F. Felice
Keyword(s):  
Capabilities Approach ◽  
Social Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Human Needs ◽  
Social Basis ◽  
Right To Development ◽  
Equal Importance ◽  
The Right ◽  
Politics And Law

Economic rights refer to the right to property, the right to work, and the right to social security. Social rights are those entitlements necessary for an adequate standard of living, including rights to food, housing, health, and education. Since economic rights have a social basis, and social rights have an economic basis, both classifications are considered of equal importance and interdependent. The intellectual and social dimensions of economic and social rights have evolved from at least four spheres: religion, philosophy, politics, and law. Throughout history, individuals and groups debated and accepted obligations to help the needy and prevent suffering. There were both religious and secular dimensions to these undertakings. Early human rights advocates moreover proclaimed an interdependence between civil and political rights and economic and social rights and criticized those who made too sharp a distinction between them. A central debate over economic and social rights relates to their legal validity. Some scholars argue that by their very nature, economic and social rights are not “justiciable.” Another issue is the link between economic and social rights in meeting basic human needs and the alleviation of global poverty. The right to development is also important in debates on economic and social rights, as it attempts to correct the economic distortions left by the legacy of colonial domination. Perhaps the most promising new approach to economic and social rights is Amartya Sen’s capabilities approach, which focuses on what individuals need for adequate functioning.

The African Commission on Human and Peoples' Rights and the Demystification of Second and Third Generation Rights under the African Charter: Social and Economic Rights Action Center (SERAC) and the Center for Economic and Social Rights (CESR) v. Nigeria

2005 ◽  
Vol 1 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Justice C. Nwobike
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Economic Rights ◽  
Oil Companies ◽  
Cultural Rights ◽  
Right To Development ◽  
Failure To Protect ◽  
Action Center ◽  
The Right ◽  
African Commission

AbstractThis article argues that the decision of the African Commission on Human and Peoples' Rights in the Ogoni case represents a giant stride towards the protection and promotion of economic, social and cultural rights of Africans. This is predicated on the African Commission's finding that the Nigerian Government's failure to protect the Ogoni people from the activities of oil companies operating in the Niger Delta is contrary to international human rights law and is in fact a step backwards since Nigeria had earlier adopted legislation to fulfill its obligation towards the progressive realization of these rights. The findings of the African Commission demonstrate that economic, social and cultural rights are not vague or incapable of judicial enforcement. They also illustrate how the Charter can be interpreted generously to ensure the effective enjoyment of rights. Novel and commendable as the decision is, it is not without its shortcomings. These shortcomings lie in the failure of the Commission to pronounce on the right to development, its silence on the desirability of holding transnational corporations accountable for human rights violations, and the institutional weakness of the Commission in enforcing its decisions.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

“Defend your right!” How the populist radical right uses references to rights and freedoms to discursively construct identities

2021 ◽  
pp. 2336825X2110529
Author(s):  
Alexander Alekseev
Keyword(s):  
Radical Right ◽  
Social Rights ◽  
Economic Rights ◽  
Social Actors ◽  
Populist Radical Right ◽  
The People ◽  
Marine Le Pen ◽  
The Individual ◽  
The Right ◽  
Discourse Historical Approach

The article explores how the European populist radical right uses references to rights and freedoms in its political discourse. By relying on the findings of the existing research and applying the discourse-historical approach to electoral speeches by Marine Le Pen and Jarosław Kaczyński, the leaders of two very dissimilar EU PRR parties, the Rassemblement National and the Prawo i Sprawiedliwość, the article abductively develops a functional typology of references to rights and freedoms commonly used in discourses of European PRR parties: it suggests that PRR discourses in Europe feature references to the right to sovereignty, citizens’ rights, social rights, and economic rights. Such references are used as a coherent discursive strategy to construct social actors following the PRR ideological core of nativism, authoritarianism, and populism. As the PRR identifies itself with the people, defined along nativist and populist lines, rights are always attributed to it. The PRR represents itself as the defender of the people and its rights, while the elites and the aliens are predicated to threaten the people and its rights. References to rights in PRR discourses intrinsically link the individual with the collective, which allows to construct and promote a populist model of ethnic democracy.

Between health and salary: The incomplete regulation of working time in European law

2019 ◽  
Vol 10 (4) ◽  
pp. 370-385
Author(s):  
Vincenzo Ferrante
Keyword(s):  
Health And Safety ◽  
Case Law ◽  
Working Time ◽  
Equal Treatment ◽  
Social Rights ◽  
The European Union ◽  
International Regulation ◽  
History Of ◽  
Definition Of ◽  
The Right

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

A brief history of indigenous health in Brazil

2010 ◽  
Vol 4 (4) ◽  
pp. 1951
Author(s):  
Maria Neyrian Fátima Fernandes ◽  
Arieli Rodrigues Nóbrega ◽  
Rosinaldo Santos Marques ◽  
Ana Michele De Farias Cabral ◽  
Clélia Albino Simpson
Keyword(s):  
Indigenous People ◽  
Health Systems ◽  
Health Inequalities ◽  
Indigenous Health ◽  
Indigenous Rights ◽  
Social Diversity ◽  
Brazilian Legislation ◽  
History Of ◽  
The Right

ABSTRACTObjective: to provide a brief history context on the indigenous struggle for rights. It was at its peak in the 1970s, until the Indigenous Health Subsystem implementation in 1999. Method: it is a bibliographic review research made through BIREME and Scielo databases, including documents and publications of FUNASA, FUNAI, and the Brazilian legislation on indigenous, from 1970s to 2000s using the term: indigenous health. Results: after a myriad of movements that fought for indigenous rights recognition, the Indian Statute was sanctioned in 1973 regulating the indigenous issues in Brazil. Thereafter the Brazilian Constitution of 1988 it took a new direction, recognizing the right for cultural and social diversity, among others. Conclusion: the indigenous people integration to the health systems happened, and is still happening, according to the SUS purpose of reduce health inequalities among the whole population. Descriptors: nursing; indigenous health; Brazil.RESUMOObjetivo: traçar um breve histórico das lutas pelos direitos indígenas, cujo ápice foi nos anos 1970, até o estabelecimento do Subsistema de Atenção aos Povos Indígenas em 1999. Método: revisão a partir de levantamento bibliográfico nos bancos de dados, BIREME e Scielo, em documentos e publicações da FUNASA e da FUNAI, e na legislação brasileira indigenista, dos anos 1970 até 2000 com a utilização do descritor: saúde indígena. Resultados: após uma série de movimentos que lutavam pelo reconhecimento dos direitos indígenas, foi sancionado o Estatuto do Índio em 1973 que regulamentava a questão indígena no Brasil. Após Constituição do Brasil de 1988 houve um novo redirecionamento, reconhecendo o direito à diversidade cultural e social, entre outros. Conclusão: a integração dos povos indígenas aos sistemas de saúde aconteceu e está acontecendo conforme o propósito do SUS de redução das desigualdades em saúde na população como um todo. Descritores: enfermagem; saúde indígena; Brasil. RESUMENObjetivo: hacer un breve histórico de la lucha por los derechos indígenas que alcanzó su máximo en la década de 1970, hasta la creación de lo Subsistema de Atención a los Pueblos Indígenas en 1999. Método: revisión desde las búsquedas bibliográficas en bases de datos, BIREME y SciELO, en los documentos y publicaciones de la FUNASA, FUNAI y en la legislación indígena brasileña, desde los años 1970 hasta 2000 usando el descriptor: salud indígena. Resultados: después de una serie de movimientos que luchaban por el reconocimiento de los derechos indígenas, se promulgó el Estatuto de lo Indio en 1973, que regulaba la cuestión indígena en Brasil. Posteriormente a la Constitución brasileña de 1988 ocurrió una nueva dirección, reconociendo el derecho a la diversidad cultural y social, entre otros. Conclusión: la integración de los sistemas de salud indígenas ocurrió y está ocurriendo según el propósito del SUS de reducir las desigualdades en salud en toda la población. Descriptores: enfermería; salud indígena; Brasil. 

Born the Year after the Flood

2019 ◽  
Vol 118 (4) ◽  
pp. 921-927
Author(s):  
Jeremie Caribou
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Ecological Integrity ◽  
Indigenous Rights ◽  
Indigenous Identity ◽  
Indigenous Lands ◽  
History Of ◽  
The Right ◽  
Political Governance ◽  
Gain Access

This essay reveals the true history of my people. It demonstrates our highly developed social, spiritual, and political governance structures. Our use of the water systems underscores the ecological integrity of sustainable development that we fostered for thousands of years. Yet, due to colonization and oppressive policies designed to destroy Indigenous identity, culture, and history, Indigenous knowledge and governing systems have been put in jeopardy. Colonial policies intended to dispossess and oppress First Nations by depriving us from Indigenous lands, controlling all aspects of our lives, which created dependence by limiting Indigenous peoples’ abilities to provide for themselves. Furthermore, these policies had no Indigenous input or representation and were designed to eradicate or eliminate Indigenous rights, titles, and the right to self-determination to easily gain access to Indigenous lands for development and industrialization, such as in the case of the massive hydroelectrical dams that continue to alienate my home community today.

scholarly journals Is Development a Lost Paradise? Trade, Environment, and Development: A Triadic Dream of International Law

2007 ◽  
Author(s):  
Upendra D. Acharya
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Developing Nations ◽  
Environmental Concerns ◽  
Right To Development ◽  
The World ◽  
History Of ◽  
Environment And Development ◽  
The Right ◽  
Developed Nations

After providing a brief background on international law, the history of the right to development is discussed. International law, as it exists today, has been abused by developed nations in their position of power over underdeveloped nations. The right to development, first formalized by the United Nations in 1986 with the Declaration on the Right to Development, was meant to give people of the developing world a right to development. However, the right to development has been supplanted by the concept of sustainable development, as orchestrated by the developed nations. It was hopeful that organizations like the World Trade Organization would implement the right to development through trade; however, these organizations have become merely a tool for the developed nations and associated corporations to continue their dominance over developing nations. Environmental concerns in recent times have shifted the international focus from the right to development to sustainable development, and the right to development has been overlooked. A legal right to development must be recognized before sustainable development can be applied as a tool to benefit underdeveloped nations through environmental and trade-related policy.

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