Lauterpacht in Jerusalem

2021 ◽  
pp. 75-99
Author(s):  
Rotem Giladi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
League Of Nations ◽  
Legal Standing ◽  
National Institutions ◽  
Jewish Experience ◽  
Law Faculty ◽  
Before And After ◽  
Hebrew University ◽  
The Right

This is the first of two chapters to explore the theme voice underscoring Israel’s ambivalence towards the right of petition in the draft Human Rights Covenant: the right of individuals to present grievances before the United Nations. The chapter revisits Hersch Lauterpacht’s Jerusalem lecture, delivered on the occasion of the Hebrew University’s semi-jubilee. Lauterpacht’s ‘reproach’ of Israel’s cool attitude towards the right of petition is assessed against the backdrop of his own investment in Zionism and human rights, and in light of interwar Jewish experience with the right of petition. The chapter traces the involvement of Jacob Robinson and Nathan Feinberg, Dean of the Hebrew University Law Faculty and Lauterpacht’s host, in the Bernheim petition—and their resentment of the need of Jewish national institutions to approach the League of Nations through the confines of individual legal standing. These ideological sensibilities framed Jewish representation politics before and after Israel’s establishment.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

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.

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

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.

scholarly journals Designing Work with People Living with Dementia: Reflecting on a Decade of Research

2021 ◽  
Vol 18 (22) ◽  
pp. 11742
Author(s):  
Paul A. Rodgers
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Cultural Development ◽  
General Assembly ◽  
International Human Rights Law ◽  
Ongoing Research ◽  
Right To Work ◽  
Health And Social Care ◽  
The United Nations ◽  
The Right

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.

Interview with Mary Robinson

2010 ◽  
Vol 92 (877) ◽  
pp. 9-18
Keyword(s):  
Human Rights ◽  
Social Change ◽  
United Nations ◽  
Trinity College ◽  
Vice President ◽  
Global Alliance ◽  
Mary Robinson ◽  
High Commissioner ◽  
Law Faculty ◽  
The World

AbstractMary Robinson, the first woman President of Ireland (1990–1997), former United Nations High Commissioner for Human Rights (1997–2002), and current President of Realizing Rights: The Ethical Globalization Initiative, has spent most of her life as a human rights advocate. As an academic (Trinity College Law Faculty), legislator, and barrister, she has always sought to use law as an instrument for social change. The recipient of numerous honours and awards throughout the world, Mary Robinson is a member of The Elders, co-founder and former Chair of the Council of Women World Leaders, and Vice President of the Club of Madrid. She chairs the GAVI Alliance (Global Alliance for Vaccines and Immunisation) Board and the Fund for Global Human Rights and is Honorary President of Oxfam International, Patron of the International Community of Women Living with AIDS (ICW), and President of the International Commission of Jurists.

scholarly journals Protection of Children’s Human Rights and Health: A Legacy of Julian Kramsztyk, Janusz Korczak, and Ludwik Rajchman

2018 ◽  
Vol 5 ◽  
pp. 2333794X1775415 ◽  
Author(s):  
Piotr Woltanowski ◽  
Andrzej Wincewicz ◽  
Stanisław Sulkowski
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Strong Association ◽  
League Of Nations ◽  
Medical Doctors ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Emergency Fund ◽  
Pediatric Disorders ◽  
Scientific Achievements

Tutor of generations of Warsaw medical doctors, Julian Kramsztyk (1851-1926) was son of Rabbi Izaak Kramsztyk, Polish patriot and fighter for independent Poland. Julian Kramsztyk graduated in medicine from Warsaw University in 1873 to soon work as a supervisor of the Internal Diseases Department of Bersohns and Baumans Children’s Hospital from 1878 to 1910, and despite of refusing professorship from Imperial Warsaw University, he worked as a lecturer of pediatric disorders from 1880 with strong association of his medical practice with scientific and editorial tasks as well as engaging in charity. This article focuses on selective retrieval of biographical data of social and scientific achievements of followers of Julian Kramsztyk: his student, pioneer of children human rights, and pioneer of healthy patterns of nutrition of children, pediatrician Janusz Korczak (Henryk Goldszmit; 1878 or 1879-1942); and a skilled bacteriologist and a brilliant epidemiologist who was a prominent activist of the League of Nations (later United Nations Organization), cofounder of the UNICEF (United Nations Children’s Emergency Fund), and the first chairman of the Organization from 1946 to 1950, which was primarily dedicated to “provide emergency food and health care to children in postwar time,” Ludwik Rajchman (1881-1965). Janusz Korczak works laid foundation for international recognition of children rights to health, respect, education, privacy, and all the other human rights to be included in the United Nations Convention on the Rights of the Child (UNCRC). In 1989, nutrition and vaccination issues were the main medical interests of these medical doctors and still remain major fields of UNICEF actions.

Art.20 Personal Mobility

2018 ◽  
Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Personal Mobility ◽  
Cultural Activities ◽  
European Court ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.

Tibetans Wait for China's Next Move

Worldview ◽  
1980 ◽  
Vol 23 (1-2) ◽  
pp. 36-39
Author(s):  
Kesang Tseten
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Civil Liberties ◽  
Self Determination ◽  
General Assembly ◽  
The United Nations ◽  
The Right ◽  
American Civil Liberties Union ◽  
The U.S ◽  
International League

AbstractIt has been twenty years since the Tibetan uprising. Last March, Tibetans and their American supporters rallied outside the United Nations building to commemorate that uprising against Chinese troops occupying the Tibetan homeland.Roger Baldwin, founder of the American Civil Liberties Union and honorary president of the International League for Human Rights, was there calling for support of resolutions passed three times by the U.S. General Assembly, in 1959, 1961, and 1965. The U.S. called “for respect for the fundamental human rights of the Tibetan people and for their right to self-determination.” The rally, Baldwin said, was to protest the “subjection of six million people to foreign rule” and to uphold “the right to live in your own house.” The nonagenarian champion of civil liberties expressed some hope: “It may be that autonomy, semi-independence in Tibet, may be granted when China settles down into the modernization it seeks.”

Les minorités dans la Déclaration Universelle des Droits de l’Homme, une absence délibérée

2020 ◽  
Vol 88 (3-4) ◽  
pp. 557-590
Author(s):  
Fernando Arlettaz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Interwar Period ◽  
Minority Rights ◽  
League Of Nations ◽  
The State ◽  
Point Of View ◽  
Universal Declaration ◽  
Legal Regime ◽  
The United Nations

Summary The League of Nations established, in the interwar period, a legal regime for the protection of minorities which considered them as intermeditate groups between the State and the individuals. On the contrary, the Universal Declaration on Human Rights, adopted in 1948 by the United Nations, assumed a radically individualistic point of view and did not include any mention to minority rights. The travaux préparatoires of the Universal Declaration suggest that the question of minorities caused strong tension among States and that, for this reason, they avoided its inclusion in the 1948 document.

Constitutionalisation of the Implementing Act of the Procedures Directive: The Slovenian Perspective

2008 ◽  
Vol 10 (2) ◽  
pp. 187-217 ◽  
Author(s):  
Boštjan Zalar
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
Judicial Cooperation ◽  
Community Law ◽  
Administrative Practice ◽  
Before And After ◽  
Protection Of Human Rights ◽  
The Right ◽  
Asylum Procedure

AbstractThe author identifies the initial challenging questions that will be posed to judges in relation to the application of implementing act and the Procedures Directive. The arguments put forth are directed towards the need for interpreting the transposition act and the minimum standards from the Procedures Directive in a way that would be consistent with the international and constitutional human rights law standards. The actual situation and prospects of this challenge for the case of Slovenia are examined from the period before and after the adoption of the Procedures Directive through the analysis of administrative practice and jurisprudence in relation to the grounds for abuse of the asylum procedure within the accelerated procedure, the procedural requirements for the use of country of origin information and the right to free legal assistance. In the section on the main challenges for the protection of fundamental rights in relation to the Procedures Directive, the author focuses on methods of interpreting Community law, the question of the scope of Community law, the concept of judicial cooperation for the protection of human rights, conditions for annulling Community provisions due to violation of fundamental rights, and the effects of international law standards on the protection of fundamental rights under Community law.

Karl Barth’s Christology and Jan Christian Smuts’ Human Rights Rhetoric

2020 ◽  
Vol 5 (1) ◽  
pp. 141-161
Author(s):  
Michelle Wolff
Keyword(s):  
Human Rights ◽  
United Nations ◽  
South African ◽  
Natural Theology ◽  
League Of Nations ◽  
Domestic Policy ◽  
International Policy ◽  
Liberal Politics ◽  
Du Bois ◽  
Alternative Vision

South African statesman Jan Christian Smuts’ (1870–1950) domestic and international politics diverge greatly; his domestic policy has been eschewed as a precursor to apartheid (1948–1994), but his international policy heralded for advancing human rights rhetoric because he authored the charters for both the League of Nations (1920) and United Nations (1945). Scholars struggle to reconcile these seemingly conflicting legacies. WEB du Bois, Peder Anker, and Saul Dubow suggest that Smuts embodies capitalist greed, bad science, and redefined political terms. I argue that Karl Barth’s theology adroitly illuminates the problem of empire for Smuts and present day appeals to human rights rhetoric. Barth’s theology poses a three-fold challenge to Smuts. First, Barth articulates a critique of natural theology found embedded within Smuts’ philosophy of holism; second, Barth critiques liberal politics that Smuts typifies; and, third, Barth’s refusal to side with Eastern or Western empires runs counter to Smuts’ imperial sensibilities. Ultimately, I argue that Barth’s Christology offers a constructive alternative vision for sociality.

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