Global Dynamics

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Social Transformation ◽  
The United States ◽  
Transformation Model ◽  
Global Dynamics ◽  
Human Right ◽  
Water And Sanitation ◽  
United Nations General ◽  
The United Kingdom ◽  
Water Justice

Chapter 3 explores how global actors promote the human right to water and sanitation at the global level, the venues in which they carry out their campaigns, and the resistance they face to redefining water and sanitation as human rights. The chapter analyzes how the water justice movement works to build political will for the human right to water and sanitation in the first stage in the “moments of social transformation” model, when abstract norms become accepted as held beliefs. The analysis focuses on three venues where activists advocate for the human right to water and sanitation: the United Nations General Assembly, the Human Rights Council, and the World Water Forum. The chapter explores the mechanisms at play in these campaigns, revealing a highly contested process pitting rights promoters against powerful adversaries in the global system, including representatives from the United States, the United Kingdom, and Canada.

Stemming the Tide

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Citizen Participation ◽  
Social Transformation ◽  
State Capacity ◽  
Global Dynamics ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

The human right to water and sanitation emerged as a rallying cry for protestors and a legal tool to challenge privatization of water services. This book explores how the right to water and sanitation is fulfilled in different contexts, whether neoliberal policies like privatization pose a threat to the right to water, and whether rights fulfillment leads to meaningful social change. It analyzes the global dynamics of water governance as well as two in-depth country case studies: Chile, the most extreme case of water privatization in the developing world, and Bolivia, the site of the “water wars” that sparked a global movement for the human right to water. An analysis of state capacity, political will, and citizen participation in the case studies reveals that the minimum standard for the right to water and sanitation can be achieved in the absence of political will, and even in a privatized setting. However, achieving this requires strong state capacity, which runs counter to neoliberal logics. Furthermore, the broader standard for the right to water and sanitation requires citizen participation, accountability, and respect for alternatives to the state/market binary. The book argues that a human rights-based approach to water policy will not necessarily lead to social transformation because of the limits of the rights frame itself and preexisting barriers in each local context. The analysis draws from and modifies an analytical framework for evaluating socioeconomic rights realization. In this way, the book builds theory on socioeconomic human rights realization and social transformation.

Human Rights in a Neoliberal World

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Social Transformation ◽  
Water Policy ◽  
Empirical Work ◽  
Transformation Model ◽  
Central Research ◽  
Transformative Change ◽  
Human Right ◽  
Regulatory Frameworks ◽  
Negative Effect

Chapter 2 presents the central research questions that drive the theoretical and empirical work of the book, outlines the “moments of social transformation” model used for analyzing human rights realization, and positions the book in relation to theoretical and contemporary policy debates. The chapter synthesizes the literatures on socioeconomic human rights fulfillment and the human right to water and sanitation. It introduces two key elements for implementing human rights: political will and state capacity, as well as some obstacles to rights realization, including lack of strong regulatory frameworks and accountability mechanisms. The chapter explores the tensions between markets and rights, finding that neoliberal approaches to water policy have a negative effect on rights fulfillment by weakening the state’s role, and it engages with critiques that the human rights frame is too narrow and vague to facilitate transformative change in the water sector.

scholarly journals The human right to water and sanitation: a new perspective for public policies

2016 ◽  
Vol 21 (3) ◽  
pp. 661-670 ◽  
Author(s):  
Colin Brown ◽  
Priscila Neves-Silva ◽  
Léo Heller
Keyword(s):  
Human Rights ◽  
Public Policies ◽  
Human Right ◽  
Water And Sanitation ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
New Perspective ◽  
Definition Of ◽  
The Impact

Abstract The recognition of the human right to water and sanitation (HRtWS) by the United Nations General Assembly and Human Rights Council in 2010 constituted a significant political measure whose direct consequences are still being assessed. Previous to this date, the HRtWS and its link to a healthy life and adequate standard of living had been recognised in diverse legal and judicial spheres worldwide, in some cases under the pressure of the initiatives of strong social movements. However, while the HRtWS is recognised by the UN State Members, it constitutes a concept in construction that has not been approached and interpreted in consensual ways by all concerned stakeholders. The present article presents a formal definition of this right with a base in human rights regulation. It attempts to dialogue with the different existing perspectives regarding the impact of its international recognition as a human right. It then elucidates the progressive development of the HRtWS in law and jurisprudence. Finally, it considers the urgency and challenge of monitoring the HRtWS and discusses important implications for public policies.

scholarly journals The progressive realization of human rights to water: the legal basis, policy implications, and monitoring challenge

2018 ◽  
Vol 147 ◽  
pp. 08006
Author(s):  
Anindrya Nastiti ◽  
Teddy Prasetiawan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Policy Implications ◽  
General Assembly ◽  
Single Variable ◽  
Legal Basis ◽  
Human Right ◽  
Water And Sanitation ◽  
United Nations General ◽  
United Nations General Assembly

Since 2010, the United Nations General Assembly had explicitly recognized the human right to water and sanitation and obliged States to provide for its progressive realization and entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for essential personal and domestic uses. This paper scrutinizes the legal basis and the policy implication for human right to water in Indonesia, before and following the annulment of the Water Resource Law 7/2004. This paper considers that one of the greatest challenges is to find an appropriate and internationally-comparable methodology in measuring the progressive realization of human rights to water and sanitation. We also highlight the importance of composite indicators and concludes that single variable indicators are insufficient to capture the range of issues involved in the realization of the human rights to water.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

Strike Ballots, Democracy, and Law

2020 ◽  
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
United Kingdom ◽  
The United States ◽  
International Labour Organisation ◽  
Human Right ◽  
Strike Activity ◽  
Legal Rules ◽  
Worked Example ◽  
The United Kingdom ◽  
Democratic Rights ◽  
The Right

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.

Sexual Orientation as a Human Right

2015 ◽  
pp. 70-85
Author(s):  
Despina A. Tziola
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Identity ◽  
Complex Problem ◽  
Same Sex ◽  
Human Right ◽  
Cultural Rights ◽  
The United Kingdom ◽  
Sexual Orientations ◽  
The Supreme Court

In this chapter, the authors examine the matter of sexual orientation as a human right. Human rights violations take many forms, from denials of the rights to life to discrimination in accessing economic, social, and cultural rights. More than 80 countries still maintain laws that make same-sex consensual relations between adults a criminal offence. Those seeking to peaceably affirm diverse sexual orientations or gender identities have also experienced violence and discrimination. A gay man was entitled to live freely and openly in accordance with his sexual identity under the Refugee Convention (“the Convention”) and it was no answer to the claim for asylum that he would conceal his sexual identity in order to avoid the persecution that would follow if he did not do so. The Supreme Court of the United Kingdom had to solve this complex problem as many issues were raised in the hearing.

Conclusion The American and Westminster Models

2021 ◽  
pp. 391-396
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
The United States ◽  
State Of Emergency ◽  
The United Kingdom ◽  
European Court

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

Palm Fronds in the Public Square

2020 ◽  
pp. 1-28
Author(s):  
Méadhbh McIvor
Keyword(s):  
Civil Liberty ◽  
The United States ◽  
Human Right ◽  
The Public ◽  
Public Square ◽  
The United Kingdom ◽  
Protestant Christianity ◽  
National Life ◽  
Political Dispute ◽  
Palm Fronds

This introductory chapter provides an overview of Christian legal activism. In a rapidly changing religious landscape, Protestant Christianity — although it remains both legally and culturally established — has become relativised. This relativisation is, in many ways, the product of centuries' worth of political dispute and interreligious negotiation, as the legal privileges associated with established religion have been diluted. Yet it has taken on a particular salience in recent years, one which can be dated to a seismic shift in England's regulation of religion: English law's transition from viewing 'religious freedom' as a negative civil liberty to ensuring it as a positive human right. While many English Christians have responded to these changes with resignation, some have embraced modes of legal and political engagement born of very different church–state paradigms, including a litigiousness more often associated with the United States. Armed with law degrees, evangelical conviction, and 'a passion to see the United Kingdom return to the Christian faith', these activists lobby and litigate to contest what they see as Christianity's ousting from the public square. This book argues that a willingness to take on legal challenges to protect Christian values risks those same values' marginalisation, as moralities previously woven into the fabric of national life are filtered out from their quotidian context and rebranded as 'religion' or 'religiously motivated'.

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