scholarly journals Electoral corruption unfolded by Operation Car Wash and political rights in Brazil

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Michael Freitas Mohallem
Keyword(s):  
Human Rights ◽  
Complex Structure ◽  
National Level ◽  
Public Affairs ◽  
Fundamental Rights ◽  
Political Rights ◽  
Content Type ◽  
Single Well ◽  
Car Wash ◽  
Electoral Corruption

PurposeThis article aims to advance the literature on the effects of corruption and its relationship to human rights violations. The article also presents an overview of existing legislative measures as well as those expected to be implemented at the national level to tackle corruption and its impacts on fundamental rights.Design/methodology/ approachThe study draws on the literature that addresses the relation between corruption and human rights, and analyses a single well-known case in Brazil (Operation Car Wash) in order to discuss both the violation of citizens’ political rights and of those being investigated.FindingsThe article suggests that the Brazilian State has failed to guarantee fundamental rights as well as to effectively control electoral corruption. By exploring the complex structure of illegal campaign financing in Brazil, the article exposes how Operation Car Wash evidenced the violation of both of the right to participate public affairs and to vote in authentic elections in Brazil.Originality/valueConsidering that the literature shows it is difficult to link the breaches of human rights with incidences of corruption, this article debates the macro context in which the Car Wash case is inserted and demonstrates the evidence that link the corrupt acts involved in this operation to the violation of specific fundamental human rights: the political rights.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

Correlation between human rights promotion and health protection: a cross country analysis

2019 ◽  
Vol 13 (1) ◽  
pp. 72-92
Author(s):  
Sedef Akgungor ◽  
Kamiar Alaei ◽  
Weng-Fong Chao ◽  
Alexandra Harrington ◽  
Arash Alaei
Keyword(s):  
Cluster Analysis ◽  
Human Rights ◽  
Health Outcomes ◽  
Regression Model ◽  
Political Rights ◽  
Cross Sectional ◽  
Content Type ◽  
Cultural Rights ◽  
Proxy Variables ◽  
Country Clusters

Purpose The purpose of this paper is to explore the correlation among health outcomes, and civil and political rights (CPR) and also economic, social and cultural rights. Design/methodology/approach The study uses cross-sectional data from 161 countries. The authors use health outcomes and human rights variables in the model. In order to combine dimensions of human rights, this paper uses factor analysis and obtains proxy variables that measure economic, social and cultural rights and CPR. The two proxy variables are used as independent variables to explain variations in health in a regression model. The paper then classifies countries by cluster analysis and explores the patterns of different components of human rights and health outcomes across country clusters. Findings The regression model demonstrates that the economic, social and cultural rights variables explain variations in all health outcomes. The relationship between CPR and health is weaker than that of the economic, social and cultural rights. Cluster analysis further reveals that despite the country’s commitment to CPR, those that highly respect economic, social and cultural rights lead to superior health outcomes. The more respect a country has for economic, social and cultural rights, the better the health outcomes for the citizens of that country. Practical implications National policies should consider equal emphasis on all dimensions of human rights for further improvements in health. Originality/value The sole promotion of CPR such as democracy and empowerment, absence of adequate support of economic, social and cultural rights such as rights to housing, education, food and work can only contribute partially to health.

scholarly journals The “Essence” of International Human Rights

2019 ◽  
Vol 20 (6) ◽  
pp. 924-939
Author(s):  
Pierre Thielbörger
Keyword(s):  
Human Rights ◽  
International Law ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Eu Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Socioeconomic Rights ◽  
International Human

AbstractWhile the “essence” of EU fundamental rights has received much attention following the CJEU’s Schrems decision, the concept of “essence” remains much less examined in international human rights law. Nonetheless, a concept of “essence” for human rights can also be found in international law. This Article discusses different aspects of the “essence” concept in international human rights law, namely non-derogability, non-restrictability, and minimum core, in three steps. First, the Article looks at civil political rights and socioeconomic rights separately and identifies two different approaches to the concept of essence for each of the two categories: While for civil and political rights the concept of essence is mainly linked to the notions of non-derogability and non-restrictability, for socioeconomic rights, the concept refers mainly to the states’ obligation to guarantee an essential level of protection independent of their resource limitations. Second, the Article continues by reading the two approaches together and identifies certain elements of an overarching “essence” concept. Finally, the Article discusses the relationship between the CJEU’s “essence” jurisprudence and the related concepts in international law and concludes with two theses: First, international law deserves more attention when reflecting on the EU’s concept of essence. It equally employs concepts of “essence” and also informs the development and interpretation of EU law. Second, when engaging with the question of whether the EU law should draw lessons from its international counterpart on the notion of “essence,” one must contemplate drawbacks for EU law that the concept has presented for international law.

Political rights

2021 ◽  
pp. 263-270
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Service ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Equal Access ◽  
Political Rights ◽  
The Public ◽  
The Right ◽  
As If

Political rights are often grouped with civil rights as if both adjectives apply to certain categories, and some fundamental rights, such as freedom of expression, can be described as belonging to both categories. But the concept of political rights has an autonomous meaning. It applies specifically to the democratic vision of human rights, encompassing the right to participate in government, the right to vote and the right to participate in government. Elections must be both genuinie and periodic, based upon universal and equal suffrage and by secret vote or an equivalent free voting procedure. Equal access to the public service is also comprised within political rights.

Federation of African Journalists, Camara, Jaw Manneh, Jobe and Fatty v. Republic of Gambia

2021 ◽  
Vol 194 ◽  
pp. 29-65
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Public Information ◽  
West African ◽  
Political Rights ◽  
Economic Community ◽  
Community Court ◽  
Content Type ◽  
Court Of Justice ◽  
Human Rights Treaties

29Human rights — Freedom of expression — Free speech — Journalists — Restriction of access to public information — Criminalization of defamation, sedition and insult — Torture and inhuman or degrading treatment — Unlawful and arbitrary detention — Living in exile — Whether Gambian laws violating rights of journalistsTreaties — Human rights treaties — Treaty obligations — Obligations under regional and international human rights treaties — Compliance of arrest and detention with treaty obligations — Compliance of Gambia’s libel, sedition and false news publication laws with its treaty obligations — African Charter on Human and Peoples’ Rights, 1981 — Revised Treaty of the Economic Community of West African States, 1993 — International Covenant on Civil and Political Rights, 1966 — Universal Declaration of Human Rights, 1948International tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States — Non-applicability of exhaustion of domestic remedies — Statute of limitations — Interpretation of Article 9(3) Supplementary Protocol, 2005 — Whether statute of limitations applicable — Whether Community Court of Justice decisions affirming statutory limitation to be overruled — Whether Court having jurisdiction

A critical analysis of the effects of the Central Bank of Nigeria foreign exchange policy on financial inclusion, anti-money laundering measures and fundamental rights

2017 ◽  
Vol 20 (4) ◽  
pp. 417-427
Author(s):  
Ehi Eric Esoimeme
Keyword(s):  
Human Rights ◽  
Central Bank ◽  
Foreign Exchange ◽  
Money Laundering ◽  
Financial Stability ◽  
Oil Prices ◽  
Fundamental Rights ◽  
Financial Inclusion ◽  
Content Type ◽  
Fair Balance

Purpose Following the drop in crude oil prices from a peak of US$114 per barrel in July 2014 to as low as US$33 per barrel in January 2016, the country’s reserves have suffered great pressure from speculative attacks, round tripping and front loading activities by actors in the foreign exchange (forex) market. The fall in oil prices also implied that the Central Bank of Nigeria’s (CBN) monthly foreign earnings had fallen from as high as US$3.2bn to current levels of as low as US$1bn. The net effect of these combined forces unfortunately is the depletion of the nation’s forex reserves. As of June 2014, the stock of forex reserves stood at about US$37.3bn but has declined to around US$28.0bn as of today. To avoid further depletion of reserves, the CBN adopted a number of policies including the prioritisation of the most critical needs for forex. This paper aims to critically analyse the effects of these policies on financial inclusion, anti-money laundering (AML) measures and human rights. Its aim is also to determine whether CBN’s Forex Policy does strike a fair balance between financial stability, inclusion, AML measures and human rights. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper determined that the CBN forex policy does not strike a fair balance between financial stability, inclusion, AML measures and human rights. Research limitations/implications This paper focuses on the effect of the most recent CBN Forex Policies on financial inclusion, AML measures and human rights. It does not address the older policies. Also, it does not address other vulnerable groups like low-income households. Its focus is on the under-served group. Originality/value While many have written papers on CBN’s forex policies, none of those papers critically analysed the effects of these policies on financial inclusion, AML and fundamental rights. The Lagos Chamber of Commerce and Industry, for example, analysed the impact of these polices on the financial services sector; the manufacturing sector; food and household products; tyre and rubber industry; pharmaceutical sector, oil and gas sector; free trade zone sector; furniture manufacturers; and foam manufacturers. It made no mention of inclusion, money laundering and fundamental rights. Also, Vincent Haruna analysed the effect of these policies on Nigerians, particularly those engaged in international trade, and those who have children studying abroad. He neither specifically addressed financial inclusion nor did he make any mention of human rights and money laundering.

scholarly journals Le Droit À L’eau: Un Droit Fondamental Des Autres Droits De L’homme

2017 ◽  
Vol 13 (14) ◽  
pp. 96
Author(s):  
Ziad Tak
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Health Services ◽  
National Level ◽  
Fundamental Rights ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Legal Texts ◽  
Access To Water ◽  
The Right

The right to water is a right for all and must be implemented in a nondiscriminatory manner in accordance with the conditions and limits laid down by some particular laws and regulations. In order to make the right to drinking water and sanitation a reality, water and sanitation services must be made affordable to the population as a whole. Property and access to other human rights such as the right to housing, food or health services should also be made available to the population. Internationally, several countries have recognized the right to drinking water and sanitation, but have not actually implemented it at the national level. The objective of this study is to show the importance of the implementation of the right to drinking water, so that it can be made available to all. Since the most widely traded studies on human rights were dominated by political and judicial character, I tried in this study to broaden the meaning of human rights and to provide more Rights. This is despite the fact that it has not been compensated by specific legal texts. As a result, the problem of the study is focused on water as a fundamental need of human, and access to water is part of its fundamental rights.

scholarly journals Constitutional-legal status of unincorporated territories of the United States

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 484-500
Author(s):  
Igor' V. Irhin ◽  
Keyword(s):  
United States ◽  
Human Rights ◽  
Legal Status ◽  
National Level ◽  
The United States ◽  
American Samoa ◽  
Asymmetric Structure ◽  
Political Rights ◽  
Mariana Islands ◽  
Legal Standards

This article is dedicated to constitutional-legal status of unincorporated organized and unorganized territories of the United States. In the light of the provisions constitutional-legal status of the unorganized territory of Samoa illustrates the absence of clear demarcation lines between the institutional forms of organized and unorganized territories. Also drawn attention to the fact that unincorporated territories are in a unique legal position — they belong to the United States, but they are not part of this state. Indicates the methods used to integrate the unincorporated territories into the United States. It is indicated that the generalizing features of the constitutional-legal status of the unincorporated territories of the United States are the fragmentary application to them of the provisions of the national Constitution and the limited scope and resources for participation in shaping and implementing decisions made at the national level. Attention is focused on a discriminatory approach on the part of the United States with respect to the political rights of citizens living in unincorporated territories. The point is that the population of these territories is not entitled to participate in the election of Congress and the President of the United States and only some territories (USA Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Puerto Rico) delegate their representatives to the House of Representatives. In the conclusion is formulated that such an approach does not comply with international legal standards of human rights, including those signed by the United States Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966. It is emphasized that the scope of competence of some unincorporated territories may be broader than that of the states. Also within the framework of this article, the constitutional legal parameters of legislative, executive and judicial authorities of the unincorporated territories of the United States are considered. Attention is focused on the role and importance of federal authorities in determining and modifying the constitutional-legal status of unincorporated territories. It was concluded that diversified models of unincorporated organized and unorganized territories are peculiar indicators of the complex asymmetric structure of the USA.

The Urgency of Protecting Netizen in Freedom of Speech on Social Media

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Grandis Ayuning Priyanto ◽  
Martinus Sardi
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Law ◽  
The Right ◽  
Speak Up

Freedom of speech is a part of fundamental rights to every people. Nowadays, freedom of speech could not felt widely to all people. Freedom of speech developed until Universal Declaration of Human Rights and International Covenant on Civil and Political Rights assure and restrict freedom of speech. In Indonesia, since the rise of The Law of Information and Electronic Transaction, the restriction of freedom of speech become biased, many words in social media are presumably attack others. Netizen feels security to speak up is limited, such Ruslan Buton who critics and record about President Jokowi deemed as a hoax and hate speech. Even though some articles in 1945 Constitution have already protect and guarantee all people to bear the right to speak. The limitations of Freedom of speech in The Law of Information and Electronic Transaction emerge multi interpretation which the right to speak have not been correspond with the values in 1945 Constitution. To harmonize freedom of speech in Indonesia, it needs cooperation among government and people to eradicate ambiguity and fear in which already happen.By using juridical-normative method, the research aims to understand the condition of freedom of speech in Indonesia, and to understand the protection of netizen in using social media

A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe

2012 ◽  
Vol 1 (1) ◽  
pp. 53-90 ◽  
Author(s):  
ALEC STONE SWEET
Keyword(s):  
Human Rights ◽  
Legal System ◽  
National Level ◽  
Structural Transformations ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
Public Officials ◽  
Law And Politics ◽  
Constitutional Pluralism

AbstractThe European Convention on Human Rights is rapidly evolving into a cosmopolitan legal order: a transnational legal system in which all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction. The emergence of the system depended on certain deep, structural transformations of law and politics in Europe, including the consolidation of a zone of peace and economic interdependence, of constitutional pluralism at the national level, and of rights cosmopolitanism at the transnational level. Framed by Kantian ideas, the paper develops a theoretical account of a cosmopolitan legal system, provides an overview of how the ECHR system operates, and establishes criteria for its normative assessment.

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