A Right to Housing

2021 ◽  
pp. 189-207
Author(s):  
Barbara Herman

This chapter considers the structural effect on the system of duties that would come with recognizing a human right to housing. If there is such a right, there is pressure on the interpretation of a property system to support hybrid moral value connecting possession and the conditions of moral status. An extended example shows how, as a system constraint, the right requires a division of moral labor between individuals and public institutions, juridical and ethical duties, especially when there are natural or social crises around housing. The arguments around a right to housing are then extended to the conditions of refugees, asylum seekers, and stateless persons. The claim in innate right to be somewhere implies that wherever such persons present themselves counts as a moral port of entry to temporary residence and subsequent patriation that all states have a duty to support.

2021 ◽  
pp. 1-22
Author(s):  
Bilal Dewansyah ◽  
Ratu Durotun Nafisah

Abstract Article 28G(2) in Indonesia’s 1945 Constitution reflects a human rights approach to asylum; it guarantees “the right to obtain political asylum from another country,” together with freedom from torture. It imposes an obligation upon the state to give access to basic rights to those to whom it offers asylum, following an appropriate determination procedure. By contrast, in Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees, the Indonesian government’s response to asylum seekers and refugees is conceptualized as “humanitarian assistance,” and through a politicized and securitized immigration-control approach. We argue that the competition between these three approaches—the human right to asylum, humanitarianism, and immigration control—constitutes a “triangulation” of asylum and refugee protection in Indonesia, in which the latter two prevail. In light of this framework, this article provides a socio-political and legal analysis of why Article 28G(2) has not been widely accepted as the basis of asylum and refugee protection in Indonesia.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Nurul Fatima Hasan

Indeed, in terms of the whole implementation of life has been arranged in the view of Islamic teachings to regulate all human life including in relation to the implementation of the economy and business. Islam does not allow any person to work haphazardly to achieve his/her goals and desires by justifying any means such as committing fraud, cheating, false vows, usury, and any other vanity deeds. But, Islam has given a boundary or line between the allowable and the unlawful, the right and wrong and the lawful and the unlawful. These limits or dividing lines are known as ethics. Behavior in business or trade is also not escaped from the moral value or business ethics values. Islamic business ethics is of which adheres to the principle of unity, equilibrium principle, freewill principle, responsibility principle, It is important for business people to integrate that ethical dimension into the framework or scope of the business. Keyword: Ethics, Business Ethics, Islamic Business Ethic.


Author(s):  
Madeline Baer

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.


Author(s):  
Sarah Song

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.


Author(s):  
Jonathan Rose

The Literary Agenda is a series of short polemical monographs about the importance of literature and of reading in the wider world and about the state of literary education inside schools and universities. The category of 'the literary' has always been contentious. What is clear, however, is how increasingly it is dismissed or is unrecognised as a way of thinking or an arena for thought. It is sceptically challenged from within, for example, by the sometimes rival claims of cultural history, contextualized explanation, or media studies. It is shaken from without by even greater pressures: by economic exigency and the severe social attitudes that can follow from it; by technological change that may leave the traditional forms of serious human communication looking merely antiquated. For just these reasons this is the right time for renewal, to start reinvigorated work into the meaning and value of literary reading. For the Internet and digitial generation, the most basic human right is the freedom to read. The Web has indeed brought about a rapid and far-reaching revolution in reading, making a limitless global pool of literature and information available to anyone with a computer. At the same time, however, the threats of censorship, surveillance, and mass manipulation through the media have grown apace. Some of the most important political battles of the twenty-first century have been fought--and will be fought--over the right to read. Will it be adequately protected by constitutional guarantees and freedom of information laws? Or will it be restricted by very wealthy individuals and very powerful institutions? And given increasingly sophisticated methods of publicity and propaganda, how much of what we read can we believe? This book surveys the history of independent sceptical reading, from antiquity to the present. It tells the stories of heroic efforts at self-education by disadvantaged people in all parts of the world. It analyzes successful reading promotion campaigns throughout history (concluding with Oprah Winfrey) and explains why they succeeded. It also explores some disturbing current trends, such as the reported decay of attentive reading, the disappearance of investigative journalism, 'fake news', the growth of censorship, and the pervasive influence of advertisers and publicists on the media--even on scientific publishing. For anyone who uses libraries and Internet to find out what the hell is going on, this book is a guide, an inspiration, and a warning.


Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

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.


2021 ◽  
pp. 1-17
Author(s):  
Alejo José G. Sison ◽  
Dulce M. Redín

In 1538–39 Francisco de Vitoria delivered two relections: De Indis and De iure belli. This article distills from these writings the topic of free trade as a “human right” in accordance with ius gentium or the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets.


2021 ◽  
pp. 136843102098713
Author(s):  
David Martínez ◽  
Alexander Elliott

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration.


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