Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

scholarly journals The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement

2021 ◽  
Vol 10 (1) ◽  
pp. 376
Author(s):  
Valentyn Zolka ◽  
Olha Tsarenko ◽  
Iryna Kushnir ◽  
Serhii Tsarenko ◽  
Roman Havrik
Keyword(s):  
Human Rights ◽  
Free Choice ◽  
Free Movement ◽  
Human Right ◽  
Scientific Methods ◽  
Freedom Of Movement ◽  
Special Scientific ◽  
The Right ◽  
The Impact ◽  
The Eu

The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed. The range of issues that Ukraine faced during the pandemic COVID-19 and limitations of human rights were disclosed. Particular attention was paid to legal acts which implemented such limitations. It was revealed that the approach of the Ukrainian legislator while implementing restrictions of human rights was unconstitutional and violated fundamental human freedoms. General and special scientific methods were used in the process of research, such as dialectical, comparative, dogmatic and legal methods.

scholarly journals A Human Right Approach of Right to Health During Pandemic

2021 ◽  
pp. 176-179
Author(s):  
Dr. Prakruthi A R
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Human Dignity ◽  
Scientific Evidence ◽  
Good Health ◽  
Human Rights Law ◽  
Human Right ◽  
Effective Response ◽  
Freedom Of Movement ◽  
The Right

The right to live isn’t the absence of death; it’s living a life with good health and human dignity.’ Human rights are fundamentally linked to global health in the context of the COVID-19 pandemic. Human rights law guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. The language and principles of human rights relate to the rights that support the survival and basic wellbeing of communities and individuals, including their rights to life, health and an adequate standard of living. Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening the life of the Nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective. The scale and severity of the COVID-19 pandemic clearly rises to the level of a public health threat that could justify restrictions on certain rights, such as those that result from the imposition of quarantine or isolation limiting freedom of movement. At the same time, careful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response amidst the turmoil and disruption that inevitably results in times of crisis and limit the harms that can come from the imposition of overly broad measures that do not meet the criteria.

Dignity

2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Medical Treatment ◽  
Capital Punishment ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Human Right ◽  
Per Se ◽  
The Right

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,

Human Rights And Slum Dwellers

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 2049-2053
Author(s):  
Ashwani Kumar
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Human Right ◽  
Right To Education ◽  
Education And Health ◽  
Slum Dwellers ◽  
People Participation ◽  
The Right ◽  
Modern Form ◽  
Democratic Country

Human rights are the basis of democracy. India is the largest democratic country in the world the success of democracy depend upon people participation in political system. Therefore it is necessary that all people should have basic human rights in real sense. Modern form of state has become welfare and the aim of state is man. So it becomes essential that every section of society need to get fundamental rights. Slum population in India is very large and being citizens of India they have a fundamental rights to get every facility that  led to achieve right to life. Slums have variety of problems they are indicator of poverty, the right to education, standard of living, privacy property are violated. this paper covers some issues of human right violation in slum populations. Human right violation is widespread and systematic in slum people living in India. Denied their rights to adequate water, sanitation, quality education and health. The purpose of this study to see how human right is being violated in many forms among slum dwellers. Eviction and resettlement policies have removed the slums residents from job, transportation, school and food. This leading to greater insecurity, health problem, unemployment, child labour & violence among slum dwellers. Keywords: Slums, Slum dwellers, Human Rights

scholarly journals Implementation and Guarantee of Human Right to Rest in the System of Modern International Relations

2017 ◽  
Vol 13 (10) ◽  
pp. 70
Author(s):  
Oksana Dordyak
Keyword(s):  
Human Rights ◽  
The European Union ◽  
Illegal Migration ◽  
Human Right ◽  
Scientific Review ◽  
Freedom Of Movement ◽  
And Migration ◽  
Effective Development ◽  
The Right ◽  
Security Guarantees

This article analyzes the main challenges faced by tourists during the implementation of their right to rest. Various measures taken by states for strengthening national security are arising out of numerous terrorist threats and increasing illegal migration. All these measures are an obstacle to the effective development of tourism. Consumers and producers of travel services are forced to exercise their activity by taking into account many barriers standing in their way. Everyone's right to rest includes the right of freedom of movement, the right to liberty and personal inviolability, the right to a standard of living necessary for the maintenance of health and welfare etc. All these rights are guaranteed by major international legal instruments. Along with these rights, they contain provisions that restrict them. The article examines the main limitation of the above rights and their causes. The author explores scientific review of restrictions on the rights of freedom of movement and migration law of modern states. Violations of Human Rights are analyzed based on the example of cases reviewed by the European Court of Human Rights and the Court of Justice of the European Union. Security and human rights are two key issues that the international community is now trying to combine in regulation without any harm to anyone. The selectivity of modern visa policies provides the basis for the appearance of discrimination. This, however, is not recognized and condemned by international law. Creation of the unified international legal rules based on respect of human rights and security guarantees will facilitate the development of tourism and economy growth of developed and developing countries.

scholarly journals Ecological cases of the ECtHR and the environmental risk of GMO

2021 ◽  
Vol 244 ◽  
pp. 12024
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Nuclear Power ◽  
Genetically Modified Organisms ◽  
Fundamental Rights ◽  
Fourth Generation ◽  
Human Right ◽  
Essential Information ◽  
The Right ◽  
The Eu

The aim of this article is to consider the guarantees of protection of such a fundamental human right of the fourth generation as the right to a healthy and quality environment. The authors focus on the Jurisprudence of the European Court of Human Rights (ECtHR) in environmental matters in cases. The article touches upon the States’ positive obligations in particular the obligation to provide access to essential information enabling individuals to assess risks to their health. The research framework includes a discussion from a human rights perspective (the right to a healthy and quality environment). We consider the criterion of relevance (applicability) environmental cases where the pollution is directly caused by the state or when state responsibility arises from a failure to regulate adequately the private sector. Particular focus is placed on the category of Russian cases related to plants operation and above the norm air emissions as well as to the consequences of the Chernobyl nuclear power plant disaster. The article analyzes the EU policy regarding the regulation of production and turnover of products containing genetically modified organisms. With regard to environmental protection, the EU Charter of Fundamental Rights stipulates that a high level of environmental protection and environmental quality improvement should be integrated into EU policies and guaranteed in accordance with the principle of sustainable development. It was found that in the EU legislation and judicial practice on biotechnology and food safety, there is a rigid line of regulation of the production and circulation of products containing GMOs.

scholarly journals The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

2021 ◽  
Vol 3 (2) ◽  
pp. 98-117
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Research Result ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
The Rule Of Law ◽  
Quo Vadis ◽  
The Government ◽  
The Right ◽  
Ministerial Decree

The freedom of association is one of the fundamental rights of a country.  However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.

The Grounds of Climate Justice

2019 ◽  
pp. 41-57
Author(s):  
Alix Dietzel
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Right To Health ◽  
Free Movement ◽  
Climate Justice ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
The Right

Chapter Two defines the grounds of climate justice. Defining the grounds of justice is a key task for any climate justice account because it allows readers to understand what must be normatively prioritised. The grounds of justice in this sense represent the moral underpinnings of the climate justice account, a normative subfloor that must not be crossed. The chapter makes the case for using the human right to health as the non-relational moral minimum that grounds the climate justice position. Chapter Two puts forward that the human right to health provides a strong foundation for a climate justice because it captures the threats climate change poses to humans more comprehensively than other key human rights, including the right to food and water, the right to life, and the right to free movement.

scholarly journals Da Necessidade da Ratificação da Convenção n. 87 OIT pelo Brasil

REVISTA PLURI ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 223
Author(s):  
Elessandra Dos Santos Marques Válio
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Human Right ◽  
Public Authorities ◽  
Federal Constitution ◽  
De Se ◽  
The Right ◽  
International Document

O presente estudo tem por escopo demonstrar a necessidade da ratificação da Convenção n. 87 da OIT que reza a liberdade sindical e a proteção ao direito de sindicalização, haja vista que vivemos em um Estado Democrático de Direito, sendo assim, é de se pressupor a valoração de direitos fundamentais, como a liberdade sindical. Embora o Brasil seja signatário da aludida Convenção, ficamos obstados de ratificá-la devido a limitações impostas pela Constituição Federal vigente, que nos impõe a unicidade sindical por categoria e a contribuição sindical compulsória, de modo a obstar a universalização do princípio da liberdade sindical. A Convenção n. 87 é o mais importante documento internacional sobre liberdade sindical em virtude de sua especificidade e abrangência, haja vista que ela visa garantir a liberdade sindical em face aos poderes públicos. A liberdade sindical pressupõe assegurar um direito humano, e deve ser dada a empregados e empregadores a opção para se organizar livremente sem quaisquer intervenções do Estado, e gozar dessa ampla liberdade pressupõe poder filiar-se e manter-se filiado aos sindicatos, desde que haja um interesse das partes. A liberdade sindical no Brasil pressupõe a ratificação da Convenção n. 87 da OIT.Palavras-chave: direito sindical; liberdade sindical; reforma sindical.AbstractThe purpose of this study is to demonstrate the need for ratification of Convention n. 87, which provides for freedom of association and the right to organize protection, given that we live in a Democratic Governance and Rule of Law, fundamental rights, such as freedom of association, must be considered. Although Brazil is a signatory to the aforementioned Convention, we have been unable to ratify it due to limitations imposed by the current Federal Constitution, which imposes union unity by category and compulsory union contribution, in order to prevent universalization of freedom of association principle. Convention n. 87 is the most important international document on freedom of association because of its specificity and scope, since it aims to guarantee freedom of association vis-à-vis public authorities. Freedom of association presupposes ensuring a human right, and employees and employers should be given the option to organize freely without any intervention by the State, and to enjoy this broad freedom presupposes being able to join and remain affiliated to trade unions, provided there is interest of the parties. Freedom of association in Brazil presupposes the ratification of Convention 87.Keywords: trade union rights; freedom of association; trade union reform.

scholarly journals Does Justice Require a Migration Lottery?

1970 ◽  
Vol 5 ◽  
Author(s):  
Aveek Bhattacharya
Keyword(s):  
Equality Of Opportunity ◽  
Free Movement ◽  
Freedom Of Association ◽  
Human Right ◽  
Second Best ◽  
Freedom Of Movement ◽  
Open Borders ◽  
The Face

Starting from the observation that substantively free migration is impossible in a world where millions lack the resources to move country, this article evaluates two contenders for the second-best alternative. On the face of it, arguments from freedom of association and material inequality appear to commend formally open borders, while those from liberty and equality of opportunity seem to favour a migration lottery. However, the argument from liberty gives us only a presumption in favour of freedom of movement, rather than an equal human right. This is not enough to make a compelling case for a migration lottery. Moreover, the idea that equality of opportunity requires a migration lottery rests on the belief that this will facilitate self-realisation. Yet it is free movement which better promotes self-realisation. Therefore, it is concluded that the case for a migration lottery is ultimately unpersuasive.

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