Human Rights in Light of the Foregoing

2018 ◽  
Author(s):  
Margaret Gilbert
Keyword(s):  
Human Rights ◽  
Moral Rights ◽  
Human Right ◽  
Joint Commitment ◽  
Henry Shue ◽  
The Way

This chapter discusses the implications of the argument of this book for our understanding of human rights. On one common conception human rights are conceived of as moral rights, on another as legal or more broadly institutional rights. Within either conception, they may be conceived of as demand-rights. The argument of this book implies that if they are then conceived of as moral rights existing independently of human commitments, their possibility is moot. If they are conceived of as institutional rights, they are, as such, normatively inert. The outcome of the discussion is this: the way to gain the standing to demand actions to which one is understood to have a human right on either conception is by way of an appropriate joint commitment. Human rights theorists whose work is discussed include Henry Shue, Alan Buchanan, and Charles Beitz.

Of Old Men, Country Clubs, and Atrocities: The Visualities and Externalities of Detaining Elderly Human Rights Violators in Chile

2021 ◽  
pp. 1-24
Author(s):  
Caroline Davidson
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Negative Externality ◽  
Human Right ◽  
Penal Reform ◽  
Country Club ◽  
Justice Process ◽  
Human Rights Norms ◽  
Old Men ◽  
The Way

Abstract This article explores a pair of powerful but competing symbols in the Chilean human transitional justice process: ‘pobres viejitos’ (poor little old men) and country club prisons. The symbol of the ‘pobres viejitos’ is used very effectively by conservative elements of Chilean society to argue the futility or even inhumanity of punishing perpetrators of human right violations so long after the commission of their crimes. In turn, to victims and more liberal segments of society, the country club or ‘five star’ prison for human rights violators stands as a symbol of impunity and the failure of the Chilean state to do justice for the crimes of the dictatorship. This article examines the power of these symbols in undermining support for transitional justice efforts, as well as the externalities of the debate. The fate of the ‘pobres viejitos’ and whether to release the from even their relatively comfortable places of confinement has bled into debates on penal reform for other elderly prisoners. This mostly negative externality suggests the need for international and regional courts (or countries not in the throes of transitional justice processes, particularly delayed ones) to lead the way on the articulation of human rights norms related to the trial and punishment of elderly prisoners.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

Freedom of Language: A Universal Human Right to Be Recognised

2012 ◽  
Vol 19 (2) ◽  
pp. 195-232 ◽  
Author(s):  
György Andrássy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Moral Rights ◽  
Legal Rights ◽  
Political Rights ◽  
Human Right ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

Human rights as legal rights originate from human rights as pre-existing moral rights; however, as pre-existing human rights are unwritten and invisible, it is uncertain whether all of these rights have been recognised and defined properly. This article advances the thought that if there are any human rights at all and if the civil and political rights recognised and defined by the United Nations represent these pre-existing human rights, then there must be at least one more such right, the right of all to freedom of language and, therefore, the United Nations ought to recognise and define this right too.

scholarly journals Hate speech conceptualization: A preliminary examination of hate speech indicators and structure

2021 ◽  
Author(s):  
Jana Papcunová ◽  
Marcel Martončik ◽  
Denisa Fedáková ◽  
Michal Kentoš ◽  
Miroslava Bozogáňová ◽  
...  
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Violent Behavior ◽  
Human Right ◽  
Preliminary Examination ◽  
Definition Of ◽  
Speech Assessment ◽  
The Way

The way hate speech is combated and prosecuted should depend on its conceptualization. No exact, unified definition of hate speech, however, exists. With help from interdisciplinary experts, the present paper attempts to draw out a framework for its better understanding by providing a list of concrete hate speech indicators and their rationale. A preliminary exploratory examination of the structure of hate speech, performed on comments related to migrants, indicated that denial of human rights and promoting violent behavior play a central role in the network of indicators. Having a set of quantifiable indicators could benefit human right activists, educators, analysts, and regulators by providing them with a pragmatic tool for hate speech assessment.

The Future of Religious Freedom

2017 ◽  
Author(s):  
Russell Sandberg
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Religious Freedom ◽  
European Convention ◽  
Human Right ◽  
Relational Approach ◽  
The United Kingdom ◽  
European Court ◽  
First Time ◽  
The Way

This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.

scholarly journals WATER FOR ALL? DEVELOPING A HUMAN RIGHT TO WATER IN NATIONAL AND INTERNATIONAL LAW

2016 ◽  
Vol 65 (4) ◽  
pp. 771-789 ◽  
Author(s):  
The Rt Hon Lady Justice Arden
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Universal Declaration ◽  
European Convention ◽  
World War ◽  
Human Right ◽  
The World ◽  
The Way

Human rights are one of the great ideas of the twentieth century. After World War II, first Eleanor Roosevelt in relation to the Universal Declaration of Human Rights (‘the Universal Declaration’), and then later the drafters of the European Convention on Human Rights (‘the European Convention’) saw human rights as the way to make the world fairer and safer.

scholarly journals The Right To Appeal For The Social Insurance As A Human And Constitutional Right

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 131-138
Author(s):  
Mirela Selita
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Social Insurance ◽  
Access To Justice ◽  
Human Right ◽  
United Nations General ◽  
The Social ◽  
Magna Carta ◽  
The Right ◽  
The Way

Abstract Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, specially the article 6. Magna Carat demonstrated the limitations from the arbitrarily. Magna Carat is a foundation of the powers of Parliament and the legal principles, as the rule of law, the rule that everybody has equality before the law. It promised the access to justice. In that respect Magna Carta is still a challenge for many states and officials. The myth of Magna Carta is the protection of the personal rights and is held in great respect by the legal communities against the arbitrary of the authority In respect of the aim of this international conference to see the way how these principles have found their implementation in contemporary legislations as well as to identify the problems that occur regarding these rights, an overview of the Albanian right to appeal for the social insurance rights. The right to appeal to higher authorities against any decisions and the judicial review against the unfavorably resolved appeals.

scholarly journals The vision and interiorization of leisure and free time of post-degree students

2019 ◽  
pp. 10-19
Author(s):  
Sara Margarita Yañez-Flores ◽  
Jaquelina Lizet Hernández-Cueto ◽  
María del Consuelo Salinas-Aguirre ◽  
Alma Verena Solís-Solís
Keyword(s):  
Human Rights ◽  
Everyday Life ◽  
Leisure Activities ◽  
Female Students ◽  
Free Time ◽  
Human Beings ◽  
Human Right ◽  
Work Related ◽  
Universal Human Rights ◽  
The Way

Leisure and free time are a part of human beings’ life, and perhaps neither how nor why is thought of. In leisure, activities are individual and obligation free; free time activities, although can be chosen whether to do them or not, are linked to social pressures and included in the legislation and as universal human rights: Recreation, amusement and rest. The objective of the article is to analyze the way in which the post-degree students visualize and incorporate the leisure and free time in their everyday life. The used method is quantitative, explorational-descriptive, and transversal. The article contributes demonstrating the subjective wealth that impregnates the leisure forms and free time activities into the way each of the individuals do things, think, say, and spend time in their educational, social, and work related relationships and interrelationships. The questionnaire was answered by 70 post-degree students ―53 women and 17 men― most of them working. Some female students spend 15% of their week in free time activities and 27.5% to leisure; in both activities men said to spend 27% of their week. Only 16 women and six men consider free time as a fundamental human right.

scholarly journals The History and the Structure of European Court of Human Right

2021 ◽  
Vol 4 (3) ◽  
pp. 18-27
Author(s):  
Nadhmi Khedairi
Keyword(s):  
Human Rights ◽  
European Commission ◽  
European Convention ◽  
Human Right ◽  
Member States ◽  
European Court ◽  
One Step ◽  
Made In ◽  
The Way

The European Court of Human Rights has been established by this convention, currently with more than 50 years of judicial experience, is also one of the most important international judicial organizations and from November 1998 onward the Protocol 11 became enforceable and along with its being imperative, the former two-steps system consisting of European Commission of Human Rights and the European court of Human Rights changed its structure into a one-step system, that is the new European Court of Human Rights, and that significant changes were made in the way an application was dealt with and in the Court procedure as well. This article will answer this question: How can this structure secure the rights guaranteed in this Convention against member states? Given that the topics related to the Court are very broad and diverse, attempts have been made to address issues about: the history and the structure of the Court, the issue of the Protocol 11 of the European Convention on Human Rights and the aforementioned Court after this Protocol, judges and the manner of their election, jurisdiction and so forth.

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