Right to Sanitation in Urban Areas

2019 ◽  
pp. 195-227
Author(s):  
Mathew John
Keyword(s):  
Urban Areas ◽  
Legal Framework ◽  
Fundamental Change ◽  
Human Right ◽  
Urban Sanitation ◽  
Effective Delivery ◽  
Administrative Framework ◽  
Policy Direction ◽  
The Right ◽  
Water Boards

This chapter looks at the emergence of the right to sanitation as a problem for public administration. Although sanitation has been articulated in terms of a human right, it is often unclear what this means for policy direction in relation to its administration and delivery. Indeed, it is even unclear whether there should be any fundamental change in administrative framework at all for the more effective delivery of urban sanitation. In this context this chapter recounts and critically analyses the legal framework (centred on water boards and urban local bodies) that delivers urban sanitation and the forms in which the various players are brought to account through courts and other forms of administrative regulation. Set against this background this chapter assess the connections between forms of governance and regulation, and their impact on the delivery of sanitation as a basic human right.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

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.

scholarly journals THE RIGHT TO HUMAN DIGNITY IN THE SYSTEM OF CONSTITUTIONAL RIGHTS OF UKRAINE AND GERMANY

2020 ◽  
pp. 27-32
Author(s):  
O. Kosilova
Keyword(s):  
Human Dignity ◽  
Human Life ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Eral Republic ◽  
Human Right ◽  
Fundamental Value ◽  
The Right

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared. The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence. It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework. In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals Legal Exploration of Right to Health

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Tengku Noor Azira Tengku Zainudin ◽  
Mohd Zamre Mohd Zahir ◽  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Ong Tze Chin ◽  
...  
Keyword(s):  
Legal Status ◽  
World Health Organisation ◽  
Legal Framework ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Physical And Mental Health ◽  
Human Right ◽  
The Right ◽  
Legal Mechanism

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

scholarly journals The Right of Public Access to Legal Information: A Proposal for its Universal Recognition as a Human Right

2017 ◽  
Vol 18 (6) ◽  
pp. 1429-1496 ◽  
Author(s):  
Leesi Ebenezer Mitee
Keyword(s):  
Legal Framework ◽  
Public Access ◽  
Free Access ◽  
Human Right ◽  
Intergovernmental Organization ◽  
Legal Information ◽  
Ex Post ◽  
Global Access ◽  
The Law ◽  
The Right

This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal information as a legal right and the importance of its international human rights framework. The Article argues that every person has the right of public access to legal information, which casts a legal and moral duty on every government and every intergovernmental organization (IGO) with judicial and legislative functions to provide adequate and free access to its laws and law-related publications. It argues further that every government can afford the provision of adequate public access to its legal information and that the lack of political will to do so is the preeminent factor responsible for inadequate—and in some cases extremely poor—public access. Additionally, this Article advocates the universal recognition of the right of public access to legal information as a human right and makes a proposal for a UN Convention on the Right of Public Access to Legal Information. It provides the essential contents of the proposed UN Convention which incorporate The Hague Conference Guiding Principles to be Considered in Developing a Future Instrument. These contents provide valuable input for urgent interim national and regional laws and policies on public access to legal information, pending the Convention's entry into force. The proposed UN Convention will significantly enhance global access to official legal information that will promote widespread knowledge of the law. It will also facilitate national and transnational legal research and remedy the chronic injustice from liability under inaccessible laws under the doctrine of “ignorance of the law is no excuse”—which is similar to liability underex post factoand nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”

scholarly journals Ο άγαμος μοναχικός άντρας και η πρόσβασή του στην ιατρικώς υποβοηθούμενη αναπαραγωγή στην Ελλάδα και στο Ηνωμένο Βασίλειο

Bioethica ◽  
2016 ◽  
Vol 2 (2) ◽  
pp. 36
Author(s):  
Μαριάννα Βασιλείου (Marianna Vassiliou)
Keyword(s):  
United Kingdom ◽  
Assisted Reproduction ◽  
Case Law ◽  
Legal Framework ◽  
Single Women ◽  
Surrogate Motherhood ◽  
Human Right ◽  
Medically Assisted Reproduction ◽  
The United Kingdom ◽  
The Right

This paper compares the legal framework in Greece and the United Kingdom on the issue of access to medically assisted reproduction methods - and to the subsequent acquisition of a child - by a single man. Initially, the human right, particularly the right of a single man, to reproduction is presented. At the same time, the reasons for which legal systems explicitly allow access to medically assisted reproduction only to single women are explained.Then, the legal regime governing the method of surrogate motherhood in both countries is exposed, as this is practically the only method by which a single man can procreate. The presentation of the Greek legal framework follows, a framework which excludes single man from access to medically assisted reproduction, as well as the case law which sought to cover the legal vacuum, by applying in a proportional way the relevant provisions for single women. Then, the rules governing the United Kingdom on the question are analyzed, where the case law has bypassed the non-explicit inclusion of single man to the persons entitled to have a child using the methods of medically assisted reproduction.Finally, as a solution to the issue, the combination of the two systems is proposed, as well as an effective and de facto recognition of the right of single men to having a child with the help of technology.

scholarly journals IMPLEMENTATION OF THE ECOSYSTEM APPROACH AS A NECESSARY CONDITION FOR ENSURING THE CONSTITUTIONAL HUMAN RIGHT TO A SAFE ENVIRONMENT FOR LIFE AND HEALTH

2020 ◽  
Vol 73 (9) ◽  
pp. 2062-2067
Author(s):  
Yevhenii P. Suietnov
Keyword(s):  
Historical Analysis ◽  
Scientific Research ◽  
Ecosystem Approach ◽  
Legal Framework ◽  
Necessary Condition ◽  
Human Right ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Promising Area ◽  
The Right

The aim: Is to study some aspects of the formation of the ecosystem approach, develop on its basis the latest and promising area of scientific research – EcoHealth and determine the legal framework for the implementation of this approach in Ukraine. Materials and methods: The research is based on international legal documents, statistical reports and information of the WHO, practice of the ECHR, constitutional acts of foreign countries, legislation of Ukraine, works of scientists on ecology, medicine, environmental and medical law. For achievement of reliable and objective results general philosophical (dialectical), general scientific (historical, analysis and synthesis, analogy) and special (comparatively-legal, interpretation of legal norms) methods of scientific knowledge were used. Conclusions: A necessary condition for ensuring the constitutional human right to a safe (favorable, benevolent, healthy, etc.) environment for life and health and, consequently, the right to life and health, is the implementation of an ecosystem approach into national strategies and legislation of different countries, including Ukraine. The development of this approach at the international level has led to the emergence of a new area of scientific research – EcoHealth, which studies how changes in the Earth’s ecosystems affect human health. In Ukraine, the issue of implementing an ecosystem approach to health is not widespread in the scientific literature yet, but this trend is clearly visible in environmental legislation.

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

The water governance challenge: the discrepancy between what is and what should be

2012 ◽  
Vol 12 (6) ◽  
pp. 799-809 ◽  
Author(s):  
H. M. Ravnborg ◽  
K. M. Jensen
Keyword(s):  
Water Policy ◽  
Water Governance ◽  
Research Programme ◽  
Legal Framework ◽  
Governance Reform ◽  
Human Right ◽  
Water Research ◽  
Access To Water ◽  
Underlying Causes ◽  
The Right

In 2010, the UN General Assembly declared the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights. Yet, findings from the Competing for Water research programme suggest that all too often, people in need of water for domestic purposes lose out to people and companies who claim access to water for productive purposes. Likewise, in many countries, specific water authorities at national as well as basin and watershed level have been formed and assigned the responsibility to allocate water according to the water policy and the associated legal framework. Yet, findings from the Competing for Water research programme show that real-world water allocation takes place through a wide array of institutions, ranging from the rural community, over agreements mediated by local lawyers, district officials and non-governmental organisations, to decisions made in the president's office. The Competing for Water programme entails empirical research conducted in Bolivia, Mali, Nicaragua, Vietnam and Zambia. Based on findings from this research, this paper identifies the discrepancies between statutory and actual water governance, analyses the underlying causes and explores the implications for ongoing water governance reform.

scholarly journals FOOD SECURITY AS A GUARANTEE OF THE REALIZATION OF THE RIGHT TO HUMAN HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 3072-3076
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Tetiana V. Khailova
Keyword(s):  
Food Security ◽  
Human Health ◽  
Scientific Work ◽  
Legal Framework ◽  
Right To Health ◽  
Point Of View ◽  
Human Right ◽  
Fundamental Factor ◽  
The Individual ◽  
The Right

The aim: To investigate the theoretical and legal framework governing the relevant areas of food security, ensuring healthy, adequate and safe nutrition. To consider human rights to food security as a basis for health care, a basis for the realization of the right to health and life. Materials and methods: The study analyzes and uses the normative legal acts of national legislation, international acts, data from international organizations and the results of scientific work of scientists. With the help of scientific methods, medical and legal point of view, the problems of ensuring food security are identified as a guarantee of the realization of the right to human health. Сonclusions: Food security and nutrition are central to the individual and fundamental factor to the whole of society in respect of human right to health. An adequate level of food security must be ensured by individual governments and the international community through the development, approval or implementation of an appropriate regulatory framework, as well as through the establishment of a political and institutional framework.

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