Economic, social, and cultural rights

2021 ◽  
pp. 295-326
Author(s):  
William A. Schabas
Keyword(s):  
Scientific Progress ◽  
Political Rights ◽  
Right To Education ◽  
Legal Norms ◽  
Cultural Rights ◽  
The Arts ◽  
Parents And Children ◽  
The Subject ◽  
The Right

The subject of economic, social, and cultural rights has been greatly neglected. The evidence establishing customary legal norms in the area of economic, social, and cultural rights is very compelling and often as convincing, if not more so, as in the case of civil and political rights. Included in this category are the right to social security, to work, and the right to an adequate standard of living encompassing such necessities as food, clothing, housing, health and medical care, and water and sanitation. The right to education is also fundamental, with complex issues such as the role of parental choice in education. Education is not only an entitlement, it is also an obligation upon parents and children. Cultural rights are often associated with rights of minorities but their scope is much broader and more general, and includes the right to enjoy the arts and to benefit from scientific progress.

Part VI Refugee Rights and Realities, Ch.54 The Right to Education

2021 ◽  
Author(s):  
Dryden-Peterson Sarah ◽  
Mariën Hania
Keyword(s):  
Human Rights ◽  
Refugee Children ◽  
Right To Education ◽  
Cultural Rights ◽  
Role Of The State ◽  
Public Resources ◽  
Enforcement Mechanisms ◽  
The Right ◽  
Recent Policy

This chapter examines the right to education of refugees. International human rights instruments, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Refugee Convention, provide a framework for the right to education for refugees. As a social right, and as reflected in the ICESCR, the right to education is to be progressively realized and requires positive action and allocation of funding. Like all human rights, it is dependent on action by government, the availability of public resources, and enforcement mechanisms. The devolution of responsibility for the education of refugees to States through recent policy further entrenches the role of the State in respecting, protecting, and fulfilling refugees’ right to education. The chapter then explores the intersection of global and national frameworks for the right to education for refugees and its realization in the form of access to schools. Despite the widely embraced global articulation of the right to education for all refugee children, the realization of the right to education is highly variable, being largely dependent upon their State of asylum.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

Contemporary Machiavellian theses "The strategy of the role of the absurd state as a model"

2020 ◽  
pp. 3
Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy
Keyword(s):  
International Relations ◽  
Decision Maker ◽  
Turning Point ◽  
Information Revolution ◽  
Main Hypothesis ◽  
The Subject ◽  
Area Of Influence ◽  
The Right ◽  
Modern Technologies

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals The Child's Right to Basic Education in Nigeria: A Commentary on the Decision in SERAP v. Nigeria

2018 ◽  
Vol 26 (4) ◽  
pp. 639-648 ◽  
Author(s):  
Aisosa Jennifer Isokpan ◽  
Ebenezer Durojaye
Keyword(s):  
Basic Education ◽  
Case Note ◽  
Third Parties ◽  
Government Officials ◽  
Right To Education ◽  
The Right ◽  
The Impact

This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment of the right. It equally emphasises the role of the Nigerian courts in ensuring a justiciable right to education.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals Prawo małoletnich do wolności od hazardu, uzależnienia od Internetu i gier komputerowych

2020 ◽  
Vol 6 ◽  
pp. 47-75
Author(s):  
Wioletta Pawska
Keyword(s):  
Sense Of Belonging ◽  
Status Quo ◽  
The Internet ◽  
Gaming Addiction ◽  
Online Environment ◽  
Parents And Children ◽  
The Status ◽  
Legislative Changes ◽  
The Right

The Right of Minors to Freedom from Gambling and Internet andGaming Addition The aim of the article is to highlight the dangers of gambling and Internet and gaming addiction of minors and young persons. The author is convinced that in the absence of positive legislative changes and if creators of games engaging young persons in gaming are not punished, children will not be safe in the online environment. There will not have any other lives than those in the games they play. Additionally, the most important thing is the role of the parents, guardians and teachers. They should talk to children about the problem, show them the dangers and organise better their free time – in an educational and carefree way. In accordance with the obligatory rules of custody, they should ensure them suitable development, safety and a sense of belonging. The teachers ought to support these activities. Summarising, if the status quo continues to be tolerated, minors and young person’s will be deprived of carefree life and suffer from harm and even sudden deaths. The author is sure that parents and children do not give enough attention to that and we should not take away from young person’s the joy of simple things letting them play in the Internet instead.

scholarly journals «Мертвые Цари всегда должны по смерти своей быть судимы»: Посмертная судьба одного древнеегипетского обычая в русской и европейской словесности XVI – XIX вв. [“Dead Kings Must Always be Judged after Their Demise”: The Afterlife of an Ancient Egyptian Custom in the Russian and European Literature of the 16th to 19th Centuries]

2021 ◽  
Vol 8 ◽  
pp. 9-47
Author(s):  
Maria Neklyudova
Keyword(s):  
Literary Criticism ◽  
French Literature ◽  
History Of Ideas ◽  
Ancient Egyptian ◽  
Diodorus Siculus ◽  
History Of ◽  
Generous Support ◽  
The Subject ◽  
The Right

In his Bibliotheca historica, Diodorus Siculus described a peculiar Egyptian custom of judging all the dead (including the pharaohs) before their burial. The Greek historian saw it as a guarantee of Egypt’s prosperity, since the fear of being deprived of the right to burial served as a moral imperative. This story of an Egyptian custom fascinated the early modern authors, from lawyers to novelists, who often retold it in their own manner. Their interpretations varied depending on the political context: from the traditional “lesson to sovereigns” to a reassessment of the role of the subject and the duties of the orator. This article traces several intellectual trajectories that show the use and misuse of this Egyptian custom from Montaigne to Bossuet and then to Rousseau—and finally its adaptation by Pushkin and Vyazemsky, who most likely became acquainted with it through the mediation of French literature. The article was written in the framework (and with the generous support) of the RANEPA (ШАГИ РАНХиГС) state assignment research program. KEYWORDS: 16th to 19th-Century European and Russian Literature, Diodorus Siculus (1st century BC), Jean-Jacques Rousseau (1712—1778), Alexander Pushkin (1799—1837), Prince Pyotr Vyazemsky (1792—1878), Egyptian Сourt, Locus communis, Political Rhetoric, Literary Criticism, Pantheonization, History of Ideas.

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