Medical translation: the neglected human right

2017 ◽  
Vol 10 (4) ◽  
pp. 228-238
Author(s):  
Bradley Dalton-Oates
Keyword(s):  
Adverse Events ◽  
International Law ◽  
Unintended Consequences ◽  
Medical Providers ◽  
Medical Settings ◽  
Content Type ◽  
Medical Translation ◽  
The World ◽  
The Right ◽  
Regional Governments

Purpose The purpose of this paper is to highlight that the lack of a specific right to a medical translator under International Law can be considered an outlier when viewed within the context of the copious legislation regarding translation in general. Given the lack of specific legislation guaranteeing the right to a medical translator under International Law, the paper further aims to highlight the resulting effects on medical providers and patients. Design/methodology/approach The paper opted for a detailed historical legal analysis regarding the history of translation under International Law in general, as well as specific international, intranational, and regional legislation regarding the right to a translator in medical settings. The data were complemented by a thorough review of documentary analysis of existing scholarship, detailing the experiences of medical providers and patients. Findings The paper provides insights as to how international legislators have traditionally viewed medical translation: whether as a matter of international relations, access to care, discrimination, or as a fundamental part of the Right to Health. The paper finds that differing views on the subject have result in nations, regions, and medical providers having great discretion in deciding which patients are provided with a translator. The paper finds that such decisions are often made on a basis other than that of patient health. Research limitations/implications Because the provisioning of translators in medical settings currently inevitably falls to a nation or single institution, research into which patients receive a translator and why lacks generalizability (because empirical data are not available for every region of the world). Researchers in future are encouraged to further develop the empirical evidence found in their regions with a more quantitative approach, documenting the non-provisioning of translators in their areas and categorizing the motives behind the decisions of medical providers in a given area. Practical implications The paper includes implications for patients who have suffered adverse events after miscommunication (or lack of communication) with their medical providers. The paper aims to investigate in what venue may they seek legal remedy, and on what grounds. The paper also has implications for national and regional governments. Given the lack of binding International Law regarding medical translation, national and regional governments attempt to guarantee the provisioning of translators to some patients and not others. Such decisions may become political and have unintended consequences for medical providers and patients alike. Social implications The paper includes implications for international legislators and national legislators. The paper also includes implications for medical providers and patients, as language barriers are becoming a more common feature in medical facilities around the world due to globalization and migration. The rate of patients suffering adverse events after not being provided with a competent medical interpreter is bound to rise. Originality/value This paper fulfills a need to examine medical translation in the context of other types of translation under International Law. This paper fulfills a need to study how the lack of specific International Legislation guaranteeing the right to medical translation has implications for national/regional legislators, medical providers, and patients alike. This paper fulfills a need to discuss the legal remedies available to patients who have suffered adverse medical events after not being able to communicate with their medical provider.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Can housing rights be applied to modern housing systems?

2010 ◽  
Vol 2 (2) ◽  
pp. 103-117 ◽  
Author(s):  
Padraic Kenna
Keyword(s):  
International Law ◽  
Case Law ◽  
Epistemic Communities ◽  
Policy Makers ◽  
Content Type ◽  
Housing Systems ◽  
Effective Implementation ◽  
Housing Rights ◽  
The World ◽  
Effective Translation

PurposeThe purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world.Design/methodology/approachThe paper sets out the principal instruments and commentaries on housing rights developed by the United Nations, regional and other bodies. It assesses their relevance in the context of contemporary analysis of housing systems, organized and directed by networks of legal and other professionals within particular domains.FindingsHousing rights instruments are accepted by all States across the world at the level of international law, national constitutions and laws. The findings suggest that there are significant gaps in the international law conception and framework of housing rights, and indeed, human rights generally, which create major obstacles for the effective implementation of these rights. There is a preoccupation with one element of housing systems, that of subsidized or social housing. However, effective housing rights implementation requires application at meso‐, micro‐ and macro‐levels of modern, dynamic housing systems as a whole. Epistemic communities of professionals develop and shape housing law and policy within these domains. The housing rights paradigm must be further fashioned for effective translation into contemporary housing systems.Research limitations/implicationsThe development of housing rights precedents, both within international and national law, is leading to a wide and diffuse corpus of legislation and case law. More research is needed on specific examples of effective coupling between housing rights and elements of housing systems.Originality/valueThis paper offers housing policy makers and lawyers an avenue into the extensive jurisprudence and writings on housing rights, which will inevitably become part of the lexicon of housing law across the world. It also highlights the limitations of housing rights implementation, but offers some new perspectives on more effective application of these rights.

scholarly journals The Illusion of Perfect Justice

2021 ◽  
pp. 55-70
Author(s):  
Christian Tomuschat
Keyword(s):  
World War Ii ◽  
International Law ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
German Occupation ◽  
International Court ◽  
The World ◽  
The Icj ◽  
The Right ◽  
Italian Constitution

AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

The Publication of the diplomatic papers of Other Governments

1947 ◽  
Vol 41 (2) ◽  
pp. 365-377
Author(s):  
E. Wilder Spaulding
Keyword(s):  
International Law ◽  
Great Powers ◽  
Foreign Affairs ◽  
The Other ◽  
The World ◽  
Good Will ◽  
The Right ◽  
Small Powers

An expert on foreign affairs has summarized the limitation upon the right of a government to make public the diplomatic papers which it has received from another government as follows: “ … one party to a negotiation cannot, in honor and in courtesy, publish the negotiation without the consent of the other party, on pain of forfeiting that good-will upon which … ‘the peace of the world ultimately depends.’ ” This principle of consent to publication is accepted, with some reservations and exceptions, by American practice. But American practice in this matter is not generally accepted by all foreign offices and it is not precisely and definitely written into international law. It has been generally observed in normal times by the Great Powers, which have had most to gain by its application, and it has frequently been disregarded by small powers and by Great Powers in times of stress. It rests upon comity and reciprocity, not upon international legislation.

The Machinery of International Law and Democratic Backsliding

2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg
Keyword(s):  
Political Participation ◽  
International Law ◽  
Term Limits ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The World ◽  
International Rights ◽  
Recent Developments ◽  
The Law ◽  
The Right

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.

scholarly journals The Right to Self-Determination of Modern Secessionist Movements under International Law

2021 ◽  
Vol 10 (1) ◽  
pp. 285-302
Author(s):  
Ja’far Mohammad Khair Al Sabbagh
Keyword(s):  
International Law ◽  
Self Determination ◽  
Historical Background ◽  
Parent State ◽  
The World ◽  
New States ◽  
The Stability ◽  
The Right ◽  
Universal Order

States’ boundaries have changed to a large extent over the course of time, in fact, the world has not always been the same as nowadays. In place of archaic forms of social organisation, the universal order has appeared where determinate and inviolable borders play a crucial role in ensuring the stability of states and resisting separatist movements. At the same time, secessionist movements throughout the world continually aim to gain independence from the ‘parent’ state invoking the right to self-determination. In this paper, the researcher will examine whether a part of the population of a state or a sub-unit of that state has a right to secede and create a new state and/or integrate into another. The article consists of a strong theoretical part dealing with statehood, self-determination and secession with a view of the dynamic development of these notions since the rapid birth of many new states as a result of decolonization. Thereafter, the validity of the gathered results will be verified by a comparative analysis of the cases of Kosovo, Crimea and Catalonia with regard to the historical background of these secessionist entities.

scholarly journals Is Development a Lost Paradise? Trade, Environment, and Development: A Triadic Dream of International Law

2007 ◽  
Author(s):  
Upendra D. Acharya
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Developing Nations ◽  
Environmental Concerns ◽  
Right To Development ◽  
The World ◽  
History Of ◽  
Environment And Development ◽  
The Right ◽  
Developed Nations

After providing a brief background on international law, the history of the right to development is discussed. International law, as it exists today, has been abused by developed nations in their position of power over underdeveloped nations. The right to development, first formalized by the United Nations in 1986 with the Declaration on the Right to Development, was meant to give people of the developing world a right to development. However, the right to development has been supplanted by the concept of sustainable development, as orchestrated by the developed nations. It was hopeful that organizations like the World Trade Organization would implement the right to development through trade; however, these organizations have become merely a tool for the developed nations and associated corporations to continue their dominance over developing nations. Environmental concerns in recent times have shifted the international focus from the right to development to sustainable development, and the right to development has been overlooked. A legal right to development must be recognized before sustainable development can be applied as a tool to benefit underdeveloped nations through environmental and trade-related policy.

scholarly journals Indigenous Peoples, World Heritage, and Human Rights

2018 ◽  
Vol 25 (3) ◽  
pp. 245-281 ◽  
Author(s):  
Ana Filipa Vrdoljak
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
Indigenous Peoples ◽  
World Heritage ◽  
Cultural Organization ◽  
World Heritage Convention ◽  
The World ◽  
The Right ◽  
Human Rights Based Approach

Abstract:Indigenous peoples’ emphasis on protecting their cultural heritage (including land) through a human rights-based approach reveals the synergies and conflicts between the World Heritage Convention and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). This article focuses on how their insistence on the right to participate effectively in decision-making and centrality of free, prior, and informed consent as defined in the UNDRIP exposes the limitations of existing United Nations Educational, Scientific and Cultural Organization and World Heritage Convention processes effecting Indigenous peoples, cultures, and territories and how these shortcomings can be addressed. By tracking the evolution of the UNDRIP and the World Heritage Convention from their drafting and adoption to their implementation, it examines how the realization of Indigenous peoples’ right to self-determination concerning cultural heritage is challenging international law to become more internally consistent in its interpretation and application and international organizations to operate in accordance with their constitutive instruments.

The Right to a Fair Trial in International Law

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Human Right ◽  
The World ◽  
The Law ◽  
The Right

This book brings together the diverse sources of international law that define the right to a fair trial in the context of criminal proceedings. It aims to make the law accessible to counsel and meaningful to victims in courtrooms all over the world. By focusing on what the right to a fair trial means in practice, it seeks to bring to life the commitment made by over 170 states parties to the ICCPR. The book is subdivided into 14 substantive chapters each dealing with one component of the right to a fair trial. Each chapter collates and analyses international sources, highlighting both consensus and division in the international jurisprudence. The book aims to be the global reference for the most frequently litigated human right in the world.

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