Human Rights

Criminology ◽  
2009 ◽  
Author(s):  
Jay S. Albanese

The concept of human rights is an old idea, but its application to criminology and criminal justice is fairly new. Human rights are those rights seen as being fundamental freedoms to which all human beings are entitled. In the United States, they are referred to as civil rights, most of which are enumerated in the U.S. Constitution’s Bill of Rights and which include freedom of speech, assembly, privacy, equality before law, and other civil and political rights. Other countries have similar lists of rights guaranteed to all citizens. The notion of human rights goes beyond civil and political rights, however, and also commonly includes the right to opportunities for work, education, and fair treatment in all aspects of life. Writings on human rights cover centuries, consisting of many works of political and social philosophy that provide the basis for natural and individual rights in the face of the greater power of governments. Many of these classic works are summarized in other reference works, such as The Encyclopedia of Human Rights and The Oxford Handbook of Political Theory, both cited in this entry. This guide to sources focuses on contributions to human rights literature and their connections to criminology and criminal justice.

2020 ◽  
Vol 10 (1) ◽  
pp. 132
Author(s):  
Mahmoud MOURAD ◽  
Rim FARHAT

This study carried out a quantitative analysis of several variables in both Lebanon and France. Specific aspects related to education, unemployment, vulnerable employment, gender gap, and participation in parliamentary life were studied. We started from the rationale that human rights necessitate that human beings so it is imperative that each individual enjoy civil and political rights, which means in addition to the right to life and the right equality, there should be the right to the legal recognition and participation in public life whether through employment or elections. These rights have been recognized by the international human rights laws, mainly in the Universal Declaration of Human Rights by United Nations and by the existing local laws both in Lebanon and France.The tests of homogeneity for the panel data models from Lebanon and France have been implemented carefully considering the linear relationship between the real GDP as a dependent variable  and three of the independent variables consisting of the rate of women teachers in the secondary education , the rate of female to male ratio in labor force participation , the rate of women’s vulnerability to risks in the female labor force . The study demonstrated the importance of the Random Effects Model (REM) using the the log-transformed data. The study revealed a positive impact of both  and  on the real GDP  while the variable  has a negative impact both in Lebanon and France during the period (2008-2017).


Author(s):  
Ni Komang Sutrisni

Human Rights is the rights of human beings are naturally without exception and a privilege for the group, as well as the level of a particular social group. These rights are freedom  speech with freedom from all forms of oppression that must be upheld, not only by each individual of a State that recognizes the existence and respect of Human Rights itself, but must also be guaranteed by countries without any exceptions, including persons with disabilities in dealing with legal issues.This study used normative research for examining the principles and rules of law by using the legislation approach, and case-based approach. The regulation is regarding human rights in general stipulated in the Constitution Republif of Indonesia 1945, Act 39 of 1999 on Human Rights, Law No. 4 of 1997 on Persons with Disabilities, Law 19 of 2011 on the Ratification of Convention on the Rights of persons with Disabilities, International Covenant on Civil and Political Rights (ICCPR). The right to non-discriminatory treatment as a continuation of the right to equal treatment before the law for persons with disabilities can be realized through the exercise of the right to a fair trial. All such regulations prohibit all forms of discrimination and guarantee to all persons equal and will be effective protection against discrimination on any basis.  


1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.


2021 ◽  
Vol 10 (1) ◽  
pp. 75-123
Author(s):  
Jamil Ddamulira Mujuzi

Abstract Article 12(4) of the International Covenant on Civil and Political Rights (iccpr) provides that ‘[n]o one shall be arbitrarily deprived of the right to enter his own country.’ The jurisprudence of the Human Rights Committee shows that Committee members have often disagreed on the question of whether the right under Article 12(4) is reserved for citizens only or it can be claimed by non-citizens who consider the countries in which they were born or they have lived for longer periods as their own. In its earlier case law, the Committee held that Article 12(4) is applicable to nationals only. Since 1999, when General Comment No.27 was adopted, the Committee has moved towards extending the right under Article 12(4) to non-nationals. Its latest case law appears to have supported the Committee’s position that Article 12(4) is applicable to non-nationals. Central to both majority and minority decisions in which the Committee has dealt with Article 12(4), is whether the travaux préparatoires of Article 12(4) support either view. This article relies on the travaux préparatoires of Article 12(4) to argue that it does not support the view that Article 12(4) is applicable to non-nationals.


2020 ◽  
pp. 34-56
Author(s):  
Michelle Jurkovich

This chapter focuses on contemporary international anti-hunger advocacy, which describes the nature of contemporary campaigns across top international anti-hunger organizations. It introduces dominant human rights models, namely Margaret E. Keck and Kathryn Sikkink's “boomerang model” and Thomas Risse, Stephen C. Ropp, and Kathryn Sikkink's “spiral model.” It also provides an alternative model of advocacy, the “buckshot model,” which describes and explains advocacy around hunger and the right to food. The chapter identifies the hidden assumptions behind dominant human rights models and explores their limitations by using the hunger case to set up a contrast with more-often-studied civil and political rights campaigns. It reviews interviews with international anti-hunger activists that were completed by 2015, which reflected contemporary campaigns and efforts until 2014.


2004 ◽  
Vol 32 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Gerhard Erasmus

Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the violation of such rights have a legal remedy. Individual freedom is a primary value underpinning civil and political rights.


2020 ◽  
Vol 9 (1) ◽  
pp. 99-117
Author(s):  
Billy Holmes

Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.


2016 ◽  
Vol 65 (4) ◽  
pp. 859-894 ◽  
Author(s):  
Richard Lappin

AbstractThe right to vote is the most important political right in international human rights law. Framed within the broader right of political participation, it is the only right in the International Covenant on Civil and Political Rights not guaranteed as a universal human right but rather as a citizen's right. While limitations on the right to vote are permissible in respect of citizenship and age, residency-based restrictions are not explicitly provided. However, recent judgments of the European Court of Human Rights endorse a view that voting rights may be conditioned on residency on the grounds of an individual's bond to their country-of-origin and the extent to which laws passed by that government would affect them. This article questions this proposition and explores whether disenfranchisement based solely on residency constitutes an unreasonable and discriminatory restriction to the essence of the right.


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