Socioeconomic Health Inequalities in Europe

2020 ◽  
Author(s):  
Brigit Toebes
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Health Inequalities ◽  
Health Inequities ◽  
The United States ◽  
Legal Framework ◽  
Human Rights Law ◽  
Human Rights Standards ◽  
Socioeconomic Health Inequalities

This chapter discusses the role of law and human rights in socioeconomic health inequalities in Europe. Given that socioeconomic health inequalities are largely unnecessary and avoidable, it is widely claimed that they lead to health inequities (i.e., avoidable inequalities in health). Addressing health inequities is considered to be an ‘ethical imperative’ and a ‘matter of social justice’. Human rights standards provide a moral and legal framework for assessing matters of social justice, including socioeconomic health inequalities. This chapter analyses how the main European organizations (EU and Council of Europe) address health inequalities. Specific attention is paid to the role of human rights law as a tool that may give support and priority to improving health and reducing inequities. By way of explaining how social determinants are addressed at the domestic level, the chapter discusses (the approaches to) socioeconomic health inequalities in the United Kingdom and the Netherlands. The chapter establishes that while not as dramatic as in the United States, socioeconomic health inequalities are a reality in Europe, and that inequalities have widened both between and within European countries. It concludes that reducing health inequalities should be a key priority in European and domestic health policy, and that human rights law plays an important role in informing what needs to be done.

scholarly journals REGULATING GENOME EDITING UNDER INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 653-684
Author(s):  
Rumiana Yotova
Keyword(s):  
Human Rights ◽  
Genome Editing ◽  
New Technology ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Human Rights Standards ◽  
Protection Of Embryos

AbstractThis article offers a critical assessment of the role of international human rights law in the regulation of genome editing. Given the rapid scientific developments in the field of genetics, it is important to explore the implications of the human rights framework for the research into and the clinical application of genome editing. The broader normative question is whether the existing human rights standards are sufficient to address the challenges posed by this new technology. It will be argued that while international human rights law does not prohibit genome editing, it imposes important restrictions upon it. However, existing human rights are arguably insufficient to regulate germline genome editing as there are significant loopholes in the protection of embryos. Nor do they fully address the wide-ranging implications of the new technology for society and humankind. It will be suggested that new standards are needed, ideally set out in a new international instrument and supported by an institutional framework, which address the specific challenges posed by this new technology.

Framing Headscarves and other Multi-Cultural Issues as Religious, Cultural, Racial or Gendered: The Role of Human Rights Law

2012 ◽  
Vol 30 (4) ◽  
pp. 472-488
Author(s):  
Titia Loenen
Keyword(s):  
Human Rights ◽  
Ethnic Origin ◽  
Human Rights Law ◽  
Cultural Issues ◽  
Opposite Sex ◽  
Human Rights Standards ◽  
The Way

In many European societies emotions run high on claims for accommodating religious and/or cultural manifestations, such as wearing a headscarf at work or not being required to shake hands with persons of the opposite sex. People may perceive these issues in different ways as being about religion, culture, gender or race/ethnic origin. This article explores the question how human rights law feeds into this process of framing, concentrating on European human rights standards. What does human rights law (potentially) add to the way the issues are perceived and interpreted? What specific ways of framing will human rights law perhaps enable or stimulate? The overall conclusion is that human rights law is not a neutral factor in framing the headscarf and shaking hands issues as either cultural, religious, racial and/or gendered.

Human Rights, National Regulation, and Armed Conflict

2019 ◽  
pp. 171-210
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
National Regulation ◽  
The Right ◽  
Human Rights Standards

The role of international human rights law and national regulatory regimes regarding the use of informers is considered in Chapter 5. The chapter begins by outlining human rights standards of relevance to the use of covert human intelligence sources in national policing, criminal justice, and intelligence activities, as interpreted by various international courts and human rights bodies. It then considers national approaches to the regulation of the use of informers, including a case study of Northern Ireland, where human rights law played an ostensibly greater role in regulating conduct than humanitarian law. Informers were both victims and perpetrators of serious crimes during the conflict. The chapter then examines the application of human rights law in times of armed conflict through the lens of the right to life, and considers how national regulation and oversight of the use of informers may be of relevance in situations of armed conflict.

scholarly journals Assessing Maritime Security and Human Rights: The Role of the EU and its Member States in the Protection of Human Rights in the Maritime Domain

2020 ◽  
Vol 35 (2) ◽  
pp. 325-347
Author(s):  
Sofia Galani
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Maritime Security ◽  
Responsibility To Protect ◽  
The European Union ◽  
Human Rights Law ◽  
Member States ◽  
Protection Of Human Rights ◽  
The Eu

Abstract Over the years, the European Union (EU) and its Member States have taken significant steps to enhance maritime security. However, these initiatives are mostly focused on the safety of ships and the protection of the marine environment rather than the protection of human rights at sea. Without belittling the importance of these initiatives, this article argues that it is time the protection of human rights at sea was also incorporated in the efforts to enhance maritime security. This argument is supported by the analysis of the legal framework which shows that the EU and its Member States as flag, coastal or port States have assumed responsibility to protect human rights at sea under the law of the sea, human rights law and EU law.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

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