The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

scholarly journals TV Ombudsman: an argument against Pandora’s Box

Comunicar ◽  
2005 ◽  
Vol 13 (25) ◽  
Author(s):  
María-Magdalena da-Costa-Oliveira
Keyword(s):  
Human Rights ◽  
Mass Media ◽  
Public Space ◽  
The Public ◽  
The Press ◽  
Right Of Privacy ◽  
The Government ◽  
The Right Of Privacy ◽  
The One ◽  
The Right

To transform an individual pain into a collective feeling of suffering is a capacity of all mass media. However, television has, in this point, a tremendous power. The capacity to join millions of TV viewers in front of itself is its most admirable merit, but it’s also its most dreadful danger. Principally when the point are the human rights, as the right of privacy or the right of not suffer in the public space, the demand of quality appears not only as an obligation of the Government but also as a duty of citizenship of all TV viewers. Although it is not properly a novelty in some European countries, the existence of a TV Ombudsman2 will be a reality in Portugal only this year. The Government has approved a legal diploma to create this figure, which will evaluate the programming and information of the public channel RTP. As the ombudsmen of press that we already know, the TV Ombudsman will be the person who receives the critics and observations of TV viewers, evaluates them and writes about them an impression to the administration of the channel. Being a self-regulatory proceeding, the TV Ombudsman is fundamentally a mechanism that implicates citizens. It is not only an entity of vigilance on ethics of Television. It is essentially a platform of dialogue between journalists, programmers and TV viewers. As in the press, the Ombudsman is a mediator. Although it is probably not an absolute guarantee of quality, TV Ombudsman is surely an argument of citizens against the bad things diffused by the box that we believe is the one by which the most important of our lives goes trough. Transformar uma dor individual num sentimento colectivo de sofrimento é uma capacidade de todos os meios de massa. Todavia, a televisão tem a este título um poder tremendamente grande. A capacidade de reunir milhões de telespectadores à sua frente é o seu mais admirável mérito, mas também o seu mais temível perigo. Sobretudo quando estão em causa direitos humanos, como o direito à privacidade ou a não sofrer no espaço público, a procura de qualidade surge não somente como uma obrigação do governo como também como um dever de cidadania de todos os espectadores. Não sendo propriamente novidade em alguns países europeus, a existência do Provedor do Telespectador1 só será uma realidade em Portugal este ano. O governo aprovou um diploma para a criação desta figura que deverá avaliar a programação e a informação do canal público RTP. Como os provedores dos leitores que conhecemos, também o Provedor do Telespectador será a pessoa que receberá as críticas e as observações dos telespectadores, as avaliará e emitirá sobre elas um parecer para a administração do canal. Sendo um procedimento de auto-regulação, o Provedor do Telespectador é fundamentalmente uma entidade de vigilância da ética da televisão. Essencialmente é uma plataforma de diálogo entre jornalistas, programadores e telespectadores. Tal como na imprensa, o Provedor é um mediador. Ainda que não seja provavelmente uma garantia absoluta de qualidade, o Provedor do Telespectador é seguramente um argumento dos cidadãos contra os males difundidos pela caixa que se crê ser aquela por onde passa o mais importante das nossas vidas.

The Right to Petition an International Authority

1953 ◽  
Vol 2 (4) ◽  
pp. 542-563 ◽  
Author(s):  
J. W. Bruegel
Keyword(s):  
Human Rights ◽  
General Assembly ◽  
Political Rights ◽  
Human Right ◽  
Cultural Rights ◽  
International Authority ◽  
Sixth Session ◽  
The Individual ◽  
The Right ◽  
United Nations Charter

Article 55 of the United Nations Charter commits the member States to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,” recognising thus for the first time the individual as a subject of international law. This would have certainly been a very welcome step—yet we can hardly overlook the fact that very little has been done during the years since 1945, to enable the individual to enjoy this right, guaranteed by the Charter. The “Bill of Rights,” promised in 1946, is far from being completed and ripe for ratification. Rescinding a decision of its fifth session in favour of the inclusion of economic, social and cultural rights in the Draft Covenant of Human Rights, the General Assembly voted during its sixth session in favour of the drafting of two Covenants, one to guarantee civil and political rights and the other economic, social and cultural rights. The drafts of these two documents in the form they emerged from the ninth session of the UN Commission on Human Rights (April 7 to May 30, 1953) do not provide possibilities for the individual to petition an international authority in case of an alleged violation of the Covenant's provisions—in spite of the opinion expressed by the General Assembly at its third session in 1948, that “the right of petition is an essential human right.”

scholarly journals The concept of human rights in the political and legal doctrine of the Ukrainian Party of Socialist-Revolutionaries of 1917-1921

2020 ◽  
Vol 11 (11) ◽  
pp. 162-168
Author(s):  
Muzyka I.
Keyword(s):  
Human Rights ◽  
The Political ◽  
Political Rights ◽  
Equal Rights ◽  
Legal Doctrine ◽  
Economic Rights ◽  
Cultural Rights ◽  
National Minorities ◽  
The Individual ◽  
The Right

The genesis of rights and freedoms in the history of Ukrainian state-building is closely linked to the activities of Ukrainian political parties and their leaders. Today, in the face of the global economic crisis and the coronavirus epidemic, the concept of human and citizen rights and freedoms is subject to skepticism and criticism. Reassessing the experiences of previous generations can help find ways to overcome a crisis. The concept of the human rights of the UPSR can be characterized as a collectivist, which, in accordance with the idea of prioritizing the interests of the dominant class of workers over the interests of the individual, significantly limited the political and economic rights and freedoms of a large part of the population. At the same time, the concept contained, at the time, quite advanced provisions on equal rights between men and women and national minorities, the provision of equal suffrage, the right to free education and the use of cultural and economic institutions, etc. The concept did not contain a clear division of human rights and citizens into their types. In particular, some economic, social and cultural rights were included in the list of political rights. A significant influence on the formation of the list of rights and freedoms and their content was made by the model of the future socialist Ukrainian state M. Hrushevsky, who was in fact the ideological inspirer of the leadership of the UPSR throughout the party's existence. The basic principles of the concept of human rights of the UPSR were reflected in the Constitution of the UNR in 1918. Keywords: Ukrainian Party of Revolutionary Socialists, Human Rights and Freedoms, M. Hrushevsky, Ukrainian National Republic (UNR), Constitution of the UNR in 1918.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

scholarly journals POLITIK HUKUM KESETARAAN KAUM PEREMPUAN DALAM ORGANISASI MASYARAKAT ISLAM DI INDONESIA

2012 ◽  
Vol 11 (1) ◽  
pp. 67
Author(s):  
Habib Shulton Asnawi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Gender Equality ◽  
Political Rights ◽  
Men And Women ◽  
Trademark Law ◽  
The Government ◽  
The Right ◽  
Islamic Society ◽  
Practical Level

In the normative level, generally all agreed to place women are equal to men, that is the position as humans, as well as the servant of Allah. Women are recognized to have a number of rights and freedoms, including the right to engage in politics, especially in the organization of the Islamic society. To strengthen the protection of women's rights, the government of Indonesia to make a policy or legislation (political law), both to improve policies of national legislation and policies ratified international law. However, when the policy (political law) or a pattern of gender relations between men and women drawn into operational a practical level, it appears that a long debate and a serious problem occurs. The rights of women experiencing prolonged discrimination, discrimination and marginalization occurs at the level of political rights and policies in the organization of Islamic society. In Indonesia, the rights of women in Islamic society organization, still have enough depth concerns. The pro and contra related to gender equality in Indonesia, particularly in the field of Islamic society organizations would affect the wheels of government in Indonesia, particularly in relation to the State of trademark law is the protection and freedom of human rights. Therefore, policies need to be related to equality between men and women both fair and legal.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

scholarly journals PENGELOLAAN PENGADUAN MASYARAKAT KOTA BEKASI (BEKASI CITY PUBLIC COMPLAINTS MANAGEMENT )

1969 ◽  
Vol 10 (3) ◽  
Author(s):  
Witra Apdhi Yohanitas dan Teguh Henry Prayitno
Keyword(s):  
Local Government ◽  
Public Services ◽  
Good Governance ◽  
Management Model ◽  
The Public ◽  
Government Services ◽  
The Government ◽  
The Right ◽  
The City ◽  
Descriptive Method

One manifestation of good governance is the availability of infrastructure that providing information and take into account of people's expectations, so that it can be used to improvethe performance of government services. Basically, public has the right to use the complaints media if the performance of the government is not in line with public prospects. By giving an example of complaints managements and policiesthat are applied in the city of Bekasi as a benchmark that can be copied or replicated in other agencies. This study utilize exploratory descriptive method that link with regulationin order to explain the complaint in a straightforward and structured. Bekasi city has packed a system of provision of information and public complaints by utilizing technology which is the website and the SMS center. In addition, to support the success of the public services, Bekasi provides clear rules related to the provision of information and public complaints, and organizingtransparency complaint data and simple management. Model that performed by Bekasi Local Government is quite simple, therefore it can be duplicated/ replicated in other local governments.Keywords: complaint management, Bekasi City, website, sms center, community expectationsSalah satu wujud pemerintahan yang baik adalah tersedianya sarana dan prasarana untuk pemberian informasi, mendengar dan memperhatikan harapan masyarakatsehingga dapat menjadi perbaikan pelayanan dan kinerja pemerintah.Masyarakat berhak menggunakan media pengaduan jika kinerja pemerintah tidak sesuai dengan harapannya. Pemberian contoh pola pengaduan yang diterapkan di kota Bekasi dan memberikan beberapa contoh kebijakan yang ditempuh agar pengelolaan pengaduan yang diterapkan dapat berjalan sesuai dengan yang diinginkan diharapkan pengelolaan pengaduan kota Bekasi dapat menjadi pembanding yang dapat dicontoh atau direplikasi instansi lain.Melalui Metode deskriptif eksploratifterhadap peraturan dipilih untuk menjelaskan pengaduan secara lugas dan terstruktur. Kota Bekasi telah mengemas suatu sistem pelayanan penyediaan informasi dan pengaduan masyarakat dengan memanfaatkan sarana teknologi yaitu situs web dan sms center.Selain itu, untuk menunjang keberhasilan pelayanannya, kota Bekasi memberikan aturan yang jelas terkait pemberian informasi dan pengaduan masyarakat, dan melakukan transparansi data pengaduan serta manajemen yang sederhana. Model yang dilakukan cukup sederhana, maka pengelolaan pengaduan yang dilakukan oleh kota Bekasi dapat ditiru/ direplikasi didaerah lain.Kata Kunci: pengelolaan pengaduan, Kota Bekasi, situs web, sms center, harapan masyarakat

Reconstructing the European Court of Human Rights’ Article 8 Jurisprudence in Deportation Cases: The Family’s Right and the Public Interest

2020 ◽  
Vol 20 (2) ◽  
pp. 333-360
Author(s):  
Jonathan Collinson
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Case Law ◽  
Best Interests ◽  
European Convention ◽  
The Public ◽  
European Court ◽  
Two Factors ◽  
The One ◽  
The Right

Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.

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