The Right to Housing

2018 ◽  
pp. 265-304
Author(s):  
Sandra Fredman
Keyword(s):  
Family Life ◽  
Private Life ◽  
The Political ◽  
Right To Life ◽  
Human Right ◽  
Political Sphere ◽  
Alternative Housing ◽  
Property Owners ◽  
Constitutional Right ◽  
The Right

Housing is frequently regarded as a matter for the political sphere, rather than a fundamental human right. At most, housing is seen as a socio-economic right, progressively realizable subject to available resources. By contrast, protection against State intrusion into home, family, or private life is widely accepted as a core human right. Section II contrasts jurisdictions which derive the right to housing from the right to life or the right to respect for home and family life, with jurisdictions with an express constitutional right to housing. Section III examines how the right to a home has been balanced against rights of property owners. This section considers both procedural protections, such as the right to be heard, and substantive protections such as provision of alternative housing. Section IV assesses how courts have approached the substance of the right, and the challenge of defining ‘adequate’ housing. This entails an examination of how courts deal with polycentric issues. Section V considers housing as an equality right.

scholarly journals The constitutional right to the confidentiality of listening, telephone conversation, telegraph and other correspondence of separate categories of persons

2020 ◽  
pp. 102-106
Author(s):  
Liudmyla Mikhnevych
Keyword(s):  
Family Life ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Criminal Proceedings ◽  
Human Right ◽  
Telephone Conversation ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The right to the confidentiality of listening, telephone conversation, telegraph and other correspondence of separate categories ofpersons is researched in the article. It is establishes that despite all legal guarantees, the right to the confidentiality of correspondenceis provided differently for separate categories of persons. The least secure of this right are those sentenced to imprisonment, and peop -le’s deputies, lawyers and other persons in respect of which a special procedure of criminal proceedings is carried out have the highestimmunity from illegal or arbitrary interference with the right to confidentiality of correspondence. Two scientific concepts of understandingthe right to the confidentiality of correspondence are characterized. The so-called “personal” concept, which considers thisright as a component of the right to privacy and family life, and the second concept justifies the independence of this right, the contentand purpose of which is broader than the protection of privacy. The perception of the right to confidentiality of correspondence in thecontext of the right to private and family life is common. It is substantiated that the “personal” concept is characterized by the connectionbetween the right to confidentiality of correspondence and the right to private and family life, as well as the consideration of theright to confidentiality of correspondence as a separate element of the right to privacy. Instead, the second concept considers the rightto confidentiality of correspondence as an independent right that has a relative connection with the sphere of private life and is a separatepersonal human right. It is noted that the Constitutional of Ukraine derives the right to confidentiality of correspondence in a separatearticle from the inviolability of private and family life, which leads to the conclusion that it is inexpediency to narrow the right toconfidentiality of listening, telephone conversation, telegraph and other correspondence only in privacy or family life.An analysis of the latest normative changes in the legal regulation of ensuring the right to confidentiality of correspondence inUkraine of separate categories of persons, in particular on the restriction of the right to convicted and higher guarantees of the right toconfidentiality of correspondence of deputies of Ukraine, are committed.

scholarly journals Water Security and the Right to Water in Southern Africa: An Overview

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Caiphas Brewsters Soyapi
Keyword(s):  
Water Security ◽  
Indigenous Communities ◽  
Case Law ◽  
Transboundary Water ◽  
Right To Life ◽  
Human Right ◽  
Water Users ◽  
Constitutional Right ◽  
The Right ◽  
Water Issues

The southern African region’s water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing basic water services to the disputes between municipal councils and individual well-to-do water users, it is abundantly evident that water security is a goal/vision that needs to be pursued by governments. Yet, much of the holistic scholarly focus on water security within the region has been on transboundary water management, to the exclusion of local/national water constitutional frameworks. Through four cases from Botswana, South Africa, Zambia and Zimbabwe the paper addresses selected aspects of the varied water issues, in particular the constitutional right to water and how that impacts on water security within the region. The literature and case law reviewed in the paper indicate that while there are benefits to constitutionalising the right to water as a fundamental right, courts are still able to read the right to water into existing rights, especially the right to life. However, reading in has its own limitations, including that courts sometimes leave hanging/unpronounced government duties/responsibilities where the right to water is not provided for. Accordingly, the paper attempts to show that while the right to water could be read into other existing rights like the right to life, water security could be better achieved through an independent constitutional human right to water, which creates constitutional duties on the state. 

scholarly journals The right to life in the system of constitutional rights and freedoms of individual and citizen

2021 ◽  
Vol 2021 (1) ◽  
pp. 37-41
Author(s):  
Oleg Amel'chakov
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Human Right ◽  
The Difference ◽  
Constitutional Right ◽  
Set Up ◽  
Definition Of ◽  
The Right

The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties. The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law. Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

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.

scholarly journals Coupling and Deviating of Altruism-Voluntariness Relationship in Organ Transplantation

2021 ◽  
Author(s):  
Mesut Güvenbaş ◽  
Omur Sayligil
Keyword(s):  
Organ Transplantation ◽  
Living Donor ◽  
Living Donors ◽  
Indirect Utility ◽  
Universal Principle ◽  
Right To Life ◽  
Human Right ◽  
Real Situation ◽  
New Approach ◽  
The Right

Organ transplantation is an issue that concerns two people (donor and recipient) at the same time in terms of the right to life, which is the most basic human right. The direct utility arising from organ transplantation involves the patient to whom the organ is transplanted, and the indirect utility relates to the donor. Today, the decision to obtain an organ from a living donor is based on the idea of doing something good by those who sacrifice themselves for their relatives. The person who donates an organ treats their body as an instrument and uses their willpower on it. If the statement “I will care about the health of others” is accepted as a universal principle, it will be very important to establish a balance between the duty of caring for the health of others and protecting one’s own health. If we want to introduce a new approach to be adopted in the assessment of living donors in society, we must look at the real situation in terms of utility, altruism, and volunteering. This Chapter thus evaluates organ transplantation from living donors in terms of utility, altruism, and volunteering.

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

The Constitutional Right to Asylum and Humanitarianism in Indonesian Law: “Foreign Refugees” and PR 125/2016

2021 ◽  
pp. 1-22
Author(s):  
Bilal Dewansyah ◽  
Ratu Durotun Nafisah
Keyword(s):  
Asylum Seekers ◽  
Humanitarian Assistance ◽  
Legal Analysis ◽  
Human Right ◽  
Control Approach ◽  
Immigration Control ◽  
Refugee Protection ◽  
Constitutional Right ◽  
The Right ◽  
Asylum Seekers And Refugees

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.

Deferring Citizens' “Right to Know” in an Information Age

2019 ◽  
pp. 264-286
Author(s):  
William Edward Heuva
Keyword(s):  
Freedom Of Expression ◽  
Information Age ◽  
Right To Know ◽  
Access To Information ◽  
Human Right ◽  
Emerging Democracies ◽  
The Right To Know ◽  
Policy Frameworks ◽  
Constitutional Right ◽  
The Right

Namibia is one of the emerging democracies that have not yet enacted the Access to Information legislation. While the country has guaranteed freedom of expression and media in its constitution, it has not provided for Access to Information as a constitutional right. This chapter seeks to examine Namibia's reluctance to adopt an Access to Information legislation. It interrogates views that locate the omission of this fundamental human right in the country's constitutional (legal) and policy frameworks. It underscores the failure by Namibia to reverse the information black-out suffered under the Apartheid dispensation. The chapter starts with a theoretical/philosophical rationale for the right to know to elicit an understanding of this discourse and its relevance to emerging democracies, such as Namibia. It then examines attempts by state and civil society to introduce the legislation in the country. Predicted on praxis, the chapter in conclusion provides some suggestions that may help resolving the impasse in adopting the Access to Information legislation in the county.

18. Human rights in action

2021 ◽  
pp. 435-457
Author(s):  
Anne Dennett
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Family Life ◽  
Public Authority ◽  
Right To Life ◽  
Article 9 ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

This chapter explores how three Convention rights operate in practice: the right to life (Article 2), the right to a private and family life (Article 8), and freedom of religious belief (Article 9). Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of one’s life intentionally save in the execution of a sentence of a court following one’s conviction of a crime for which this penalty is provided by law. Article 8 provides that everyone has the right to respect for one’s private and family life, home, and correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law. Meanwhile, Article 9 provides that everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change and manifest one’s religion or belief.

scholarly journals Political Consent, Promissory Fidelity and Rights Transfers in Grotius

Grotiana ◽  
2019 ◽  
Vol 40 (1) ◽  
pp. 123-145
Author(s):  
Laetitia Ramelet
Keyword(s):  
Early Modern ◽  
Political Authority ◽  
The Political ◽  
Political Sphere ◽  
Political Obligations ◽  
Salient Characteristic ◽  
Solid Foundation ◽  
The Right

Grotius (1583–1645) is now widely acknowledged as an important figure in early modern contractual and consensual theories of political authority and legitimacy. However, as his thoughts on these debates are disseminated throughout his works rather than systematically ordained, it remains difficult to assess what, if anything, constitutes his distinctive mark. In the present paper, I will argue that his works contain a combination of two conceptual elements that have come to constitute a salient characteristic of early modern contract and consent theories: first, a strong obligation to keep one’s promises, and second, an account of perfect promises as transferrals of rights. In the political sphere, this means that citizens who have promised their obedience to the authorities are obligated to keep faith, which provides a solid foundation for political obligations. In addition, their promise implies that authorities receive the right to rule over them, which accounts for the legitimacy of these authorities’ power.

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