Equality

2021 ◽  
pp. 161-190
Author(s):  
William A. Schabas

The right to equality and the prohibition of discrimination is normally formulated with respect to specific grounds. In the Charter of the United Nations, these are race, sex, language, and religion. The list was expanded in the Universal Declaration of Human Rights, where it was also prefaced by the words ‘such as’ thereby recognising that distinctions based upon unenumerated categories might also be encompassed. These might include age, disability, and sexual orientation, for example. International law also provides special protection for children. Related to non-discrimination is the distinct field of protection of minorities, which are identifiable on the basis of ethnicity, language, and religion, and of indigenous peoples.

Jurnal Selat ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 200-217
Author(s):  
Fithriatus Shalihah ◽  
Muhammad Raka Fiqri ◽  
Mohd. Arief

Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.


2014 ◽  
Vol 7 (1) ◽  
pp. 1-3
Author(s):  
Marcelle Burns

The United Nations’ Declaration on the Rights of Indigenous Peoples (2007) received a mixed reception. Some commentators viewed it as setting important normative standards for the recognition of Indigenous human rights within the international law framework, whilst others have been critical of the declaration for unduly limiting the nature and scope of Indigenous rights (Anaya 2004; Churchill 2011; Davis 2008; Moreton-Robinson 2011; Pitty 2001; Watson and Venne 2012). Indigenous Nations’ Rights in the Balance: An Analysis of the Declaration on the Rights of Indigenous Peoples by Charmaine White Face (2013) makes an important contribution to this debate by methodically charting the key changes made during the passage of the declaration through the United Nations process and highlighting the significance of these changes for the recognition and realisation of Indigenous rights.


Author(s):  
Jérémie Gilbert

The rights of indigenous peoples under international law have evolved greatly since the late 1980s. Efforts by indigenous peoples to get their rights recognized under international law started during the League of Nations in the early 1920s, but it was only in 2007 that the General Assembly of the United Nations (UN) adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The adoption of the declaration not only marks an important moment in terms of lawmaking; it also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. The UN declared the decade 1994–2004 as the First International Decade of the World’s Indigenous Peoples, and later 2005–2015 was declared the second such decade. The main objective was the strengthening of international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, education, and health. As a result, in 2002, the Permanent Forum on Indigenous Issues was established as an advisory body to the UN Economic and Social Council. But it was only in 2007 that the UN General Assembly adopted the UNDRIP, which universally proclaims and consolidates a specific international legal corpus of rights for indigenous peoples. The adoption of the declaration is representative of the significant legal developments of the rights of indigenous peoples under international law. The international legal framework concerns general human rights such as nondiscrimination and equality, as well as very specific collective rights such as self-determination, cultural rights, land rights, and control over natural resources. The establishment of a specific corpus of law dedicated to the rights of indigenous peoples, or sui generis rights, has also meant a proliferation of scholarly literature on the topic. This article does not propose to be exhaustive or comprehensive, but rather to offer a review of some of the texts that can guide the researcher or the reader through the vast and extensive existing literature. First, it focuses on some of the leading sources that provide a general overview on the rights of indigenous peoples. It then examines the institutional and regional approaches. And finally, it focuses on specific issues affecting indigenous peoples, namely historical claims, self-determination, land rights, natural resources, and development.


Author(s):  
Erin C. Roth

SummaryJohn Peters Humphrey is best known for drafting the United NationsUniversal Declaration of Human Rights, a role that, while significant, comprised only a brief period in Humphrey’s life. Prior to his time at the UN, Humphrey was an adamant Canadian nationalist who argued for a strong, united Canada. At the same time, he was highly critical of international organization and argued for a federal, world government. This apparent contrariness was also seen in his choice of employment. Supportive of world government, Humphrey viewed the UN as little more than a “defensive alliance.” Humphrey’s paradoxical views and actions are far more coherent than they first appear. It is possible to see in them a single, unifying trend: federalism. Federalism’s layered government structure has the ability to preserve regional differences and also to connect the individual to each layer of law. At the UN, Humphrey was able to make great strides in this direction, and today several international bodies receive complaints directly from individual complainants. In this way, Humphrey helped connect the individual with international law.


1996 ◽  
pp. 69
Author(s):  
Editorial board Of the Journal

GENERAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed in resolution 217 A (III) of the General Assembly of the United Nations of 10.12.1948


Author(s):  
Gillian MacNaughton ◽  
Mariah McGill

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.


Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch

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.


2018 ◽  
Vol 1 (1) ◽  
pp. 76-96
Author(s):  
Koesmoyo Ponco Aji

Since introduced with Universal Declaration at 1948 by United Nations Organization, human rights  has becoming a main instrument in international law and national laws. In Indonesia, regulations  concerning human rights has been legalized by Act Number 39 Year 1999. Study is needed to  explosure the extend of the rules of human rights that has determined in Indonesia Laws. This  journal analyze Indonesia Nationality Law based on universal instrument of human rights by  descriptive analysis research. Its found that Act Number 12 Year 2006 concerning Nationality of the  Republic of Indonesia has accommodate universal instrument of human rights.   


Author(s):  
Paul A. Rodgers

The United Nations Universal Declaration of Human Rights is widely acknowledged as a landmark document in the history of human rights. Drafted by representatives from all over the world, the declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard for all peoples and all nations. The declaration sets out a series of articles that articulate a number of fundamental human rights to be universally protected. Article 23 of the declaration relates to the right to work and states that people have a human right to work, or engage in productive employment, and may not be prevented from doing so. The right to work is enshrined in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development. This paper presents ongoing research that highlights how a disruptive co-design approach contributes to upholding UN Article 23 through the creation of a series of innovative working practices developed with people living with dementia. The research, undertaken in collaboration with several voluntary and third sector organizations in the UK, looks to break the cycle of prevailing opinions, traditional mindsets, and ways-of-doing that tend to remain uncontested in the health and social care of people living with dementia. As a result, this research has produced a series of innovative work opportunities for people living with dementia and their formal and informal carers that change the perception of dementia by showing that people living with dementia are capable of designing and making desirable products and offering much to UK society after diagnosis. In this ongoing research, the right to continue to work for people living with dementia post-diagnosis in creative and innovative ways has clearly helped to reconnect them to other people, helped build their self-esteem, identity and dignity and helped keep the person with dementia connected to their community, thus delaying the need for crisis interventions. This paper reports on a series of future work initiatives for people living with dementia where we have used design as a disruptive force for good to ensure that anyone diagnosed with dementia can exercise their right to work and engage in productive and rewarding employment.


2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.


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