Ensuring inclusion and combatting discrimination in social protection programmes: The role of human rights standards

O artigo trata das inovações da legislação brasileira na política de atendimento socioeducativo aos adolescentes em conflito com a lei (SINASE), destacando avanços e desafios. Examina o papel da proteção social especial da Política de Assistência Social e do SUAS na execução das medidas socioeducativas. Tem como referência a pesquisa do Estadodo Maranhão (UFMA), articulada ao Mapeamento Nacional do Atendimento Socioeducativo (SDH/PR/CONANDA) e as reflexões da equipe da PUCRS. Afirma diferentes questões a serem enfrentadas pelo atendimento socioeducativo, tais como: o reduzido número e a baixa qualificação dos recursos humanos; a incipiente articulação entre atores do Sistemade Garantia de Direitos; a ausência de intersetorialidade entre as políticas públicas e o reduzido financiamento para as medidas socioeducativas.Palavras-chave: Atendimento socioeducativo, direitos humanos, Política de Assistência Social, adolescentes.ADOLESCENTS IN CONFLICT WITH THE LAW AND HUMAN RIGHTS: challenges to SINASE implementation.Abstract: The article discusses the innovations of Brazilian legislation on social educational care policy to adolescents in conflict with the law (SINASE), highlighting advances and challenges. It examines the role of the special social protection of Social Assistance Policy and the SUAS in the execution of social educational measures. Taking as reference the researchof the State of Maranhão (UFMA), articulated to the national Mapping of Social Educational care (SDH /PR/CONANDA) and the reflections of the team of PUCRS. Different issues are affirmed to be faced by Social Educational care, such as: the reduced number and the low qualification of human resources; the incipient articulation between actors of the Systemof Guaranteed Rights; the absence of intersectoral collaboration among public policies and the reduced funding educative measures.Keywords: Social and educational care, human rights, Social Assistance Policy, adolescents.

Download Full-text

Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law

International Human Rights Law Review ◽

10.1163/22131035-00402005 ◽

2015 ◽

Vol 4 (2) ◽

pp. 303-332

Author(s):

Salvatore Fabio Nicolosi

Keyword(s):

Human Rights ◽

International Law ◽

Asylum Seekers ◽

International Human Rights ◽

The Past ◽

European Court ◽

Triggering Factor ◽

The Right ◽

Human Rights Standards

Over the past few years the issue of asylum has progressively become interrelated with human rights. Asylum-related stresses, including refugee flows and mass displacements, have mitigated the traditional idea of asylum as an absolute state right, in so far as international human rights standards of protection require that states may have the responsibility to provide asylum seekers with protection. Following this premise, the article argues that the triggering factor of such overturning is significantly represented by the judicial approach to the institution of asylum by regional human rights courts. After setting the background on the interrelation of asylum with human rights, this article conceptualises the right to asylum as derived from the principle of non-refoulement and to this extent it delves into the role of the two regional human rights courts, notably the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), in order to explore whether an emerging judicial cross-fertilisation may contribute to re-conceptualisation of the right to asylum from a human rights perspective.

Download Full-text

The Role of the International Covenant on Economic, Social and Cultural Rights in the Countermovements Against Economic Liberalism

10.26686/wgtn.16695565.v1 ◽

2021 ◽

Author(s):

◽

Jose Villalobos Ruiz

Keyword(s):

Human Rights ◽

20Th Century ◽

Social Protection ◽

Detailed Examination ◽

Cultural Rights ◽

Economic Liberalism ◽

Double Movement ◽

History Of ◽

The 19Th Century

In recent years, revisionist studies of the history of economic, social and cultural rights have deemed that the International Covenant on Economic, Social and Cultural Rights (ICESCR) is a failed instrument. My thesis explores the extent to which that assessment is accurate and concludes that, although the ICESCR’s drafters did imbue the treaty with a strong purpose of resistance against the detrimental impacts of economic liberalism, the instrument’s ties to its historical roots might be too strong for it to serve an effective purpose in present and future efforts to push back against excessive marketisation. In order to fully understand both the ICESCR’s shortcomings and its unfulfilled potential, it is helpful to analyse the treaty’s content and purpose from the perspective of Karl Polanyi’s theory of the double movement. This theory, presented by Polanyi in his 1944 monograph The Great Transformation, established that the 19th century was defined by a struggle between those who advocated for economic liberalism and those who protected society from that economic model through a “countermovement” that promoted mechanisms of “social protection”. A current wave of neo-Polanyian scholarship has reinterpreted the double movement as a pendulum that has continued to swing between economic liberalism and social protection, explaining the rise of neoliberal practices in the second half of the 20th century and contemporary efforts to limit the influence of the market over society. From a neo-Polanyian viewpoint, the ICESCR was a product of the second countermovement – a series of actions taken by governments all around the world during the mid-20th century to mitigate the harmful effects of the market on people’s wellbeing. After conducting a detailed examination of the ICESCR’s travaux préparatoires, I determine that the members of the United Nations Commission on Human Rights consciously shaped the treaty according to six principles that I identify as underlying the second countermovement. This thesis argues that such an intimate connection with those principles, which at first might seem benign, is the source of the ICESCR’s current limitations. Because the instrument is a product of the second countermovement, it is now out of place in an era where economic liberalism presents different challenges than it did in the mid-20th century. That dilemma is illustrated by the contrast between the tentative approach of the Committee on Economic, Social and Cultural Rights – bound by the constraints of the ICESCR – and the confrontational tone of the Special Rapporteur on extreme poverty and human rights, which has taken advantage of its wider mandate to endorse practices of an emerging third countermovement that directly address the specific challenges of this era. Therefore, while the ICESCR has been used by those bodies to resist neoliberal ambitions, the treaty might become less relevant the further we move away – both chronologically and socio-politically – from the second countermovement.

Download Full-text

ADVOKASI PELAYANAN KESEHATAN BAGI BURUH PEREMPUAN

Jurnal Harkat Media Komunikasi Gender ◽

10.15408/harkat.v15i1.10397 ◽

2019 ◽

Vol 15 (1) ◽

pp. 30-38

Author(s):

Nurkhayati Nurkhayati

Keyword(s):

Human Rights ◽

Social Protection ◽

National Development ◽

Self Esteem ◽

Single Parent ◽

Equal Treatment ◽

The Family ◽

The Right ◽

Real Action

Abstract. Employment development as integral part of national development based on Pancasila and the 1945 Constitution, is held in order development human completely and development the entire Indonesian community for improve dignity, respect and self-esteem of workers and manifest the society whose prosperous, fair, affluent physically and spiritually. Given the importance of the role of laborers in development, especially in the production process, it is naturally that protection, maintenance and development for the welfare of laborers, especially women laborers, should be carried out. Because the laborer position is very weak in compare with the bussinesmen. The position of weak laborer requires the bussiness men to give away social protection guarantee to their laborers. Social guarantee is the right of entire citizen including permanent foreigners. Violations of the implementation of social guarantee means violations of human rights (HAM). This is in line with the mandate of the 1945 Constitution that has been amended namely article 28 letters d (1 and 2), letter h (3), and article 34 (2); state that the country protects every citizens and entitled on protection from all kinds of danger, intimidation and equal treatment in carrying out their life. In fact, not all companies giving socal guarantee for their laborers, especially women laborers. In which many women laborers are still catagorized as single even though they are the backbone of the family,—because of having unemployed husband or as single parent. Thus, real action in form of advocacy is needed to change the company’s policies. Advocacy is a powerful way to bring positive changes and empower people in their lives.Abstrak. Pembangunan ketenagakerjaan sebagai bagian integral dari pembangunan nasional berdasarkan Pancasila dan Undang-undang dasar 1945, dilaksanakan dalam rangka pembangunan manusia seutuhnya dan pembangunan masyarakat Indonesia seluruhnya untuk meningkatkan harkat, martabat dan harga diri tenaga kerja serta mewujudkan masyarakat sejahtera, adil, makmur dan materiil maupun spriritual. Mengingat pentingnya peranan buruh dalam pembangunan khususnya dalam proses produksi, sudah sewajarnya dilakukan perlindungan, pemeliharaan dan pengembangan terhadap kesejahteraan buruh khususnya buruh perempuan, karena posisi buruh yang sangat lemah jika dibandingkan dengan posisi pengusaha. Posisi buruh yang lemah mengharuskan pengusaha untuk memberikan perlindungan jaminan sosial terhadap para pekerjanya. Jaminan sosial merupakan hak setiap warga negara bahkan termasuk warga negara asing yang menetap. Pelanggaran terhadap pelaksanaan jaminan sosial berarti pelanggaran terhadap hak asasi manusia (HAM). Hal ini sejalan dengan amanat UUD 45 yang telah diamandemen yaitu pasal 28 huruf d (1 dan 2) dan huruf h (3) juga pasal 34 (2); pasal-pasal tersebut menjelaskan bahwa negara melindungi setiap warganya dan berhak atas perlindungan dari segala macam bahaya, intimidasi dan perlakukan yang sama dalam menjalankan hidupnya. Dalam pelaksanaan dilapangan, tidak semua perusahaan melaksanakan jaminan sosial bagi para buruhnya, terutama buruh perempuan. Dimana banyak buruh perempuan yang masih dikategorikan lajang padahal mereka adalah tulang punggung keluarga, baik karena suami yang tidak bekerja maupun sebagai single parent. Sehingga dibutuhkan tindakan nyata dalam bentuk advokasi untuk merubah kebijakan perusahaan tersebut. Advokasi adalah cara ampuh untuk membawa perubahan positif dan memberdayakan orang dalam kehidupan mereka.

Download Full-text

THE ROLE OF STATE PENSIONS IN SOCIAL PROTECTION OF CITIZENS

Journal of law research ◽

10.26739/2181-9130-2021-3-6 ◽

2021 ◽

Vol 6 (3) ◽

pp. 45-52

Author(s):

Makhmudjon Ziyadullaev ◽

Keyword(s):

Human Rights ◽

Social Protection ◽

Constitutional Rights ◽

Pension Systems ◽

The Past ◽

The Social ◽

The World ◽

The Republic ◽

The Right

This article presents ofthe content of the right to social security, which is considered as one of the constitutional rights of citizens, the role of state pensions in the social protection of pensioners and the world pension systems, including distributive, mandatory and conditional pension funds.As well as the size of pensions and their components, the relevance and importance in the Republic of Uzbekistan, the ratification of the UN Universal Declaration of Human Rights and changes in thepension sector over the past 3-4 years, taking into account the types of pension provision, frombeginningsof independence of our country

Download Full-text

Modern slavery in global context: ending the political economy of forced labour and slavery

The Modern Slavery Agenda ◽

10.1332/policypress/9781447346791.003.0002 ◽

2019 ◽

pp. 29-46

Author(s):

Aidan McQuade

Keyword(s):

Human Rights ◽

Rule Of Law ◽

The Political ◽

The Rule Of Law ◽

Global Context ◽

Modern Slavery ◽

Political Economies ◽

Forced Labour ◽

Human Rights Standards

This chapter begins by setting out the root causes of slavery, and demonstrating the fundamental role of the failure of the rule of law in enabling slavery to persist. It then sets out how particular failures in the rule of law give rise to four ‘peacetime’ political economies of slavery (i.e. state-sponsored slavery, state-tolerated slavery, state-facilitated slavery, state-muddled slavery). Where international mechanisms exist to uphold human rights standards, these political economies may be reformed somewhat. However, in addition, what is needed is a more fundamental reform of the nature of all political economies to establish processes to empower vulnerable individuals and groups and to uphold human rights standards. The chapter then sets out what forms these reforms must take to establish political economies with the potential to reduce slavery, if not eliminate it completely.

Download Full-text

REGULATING GENOME EDITING UNDER INTERNATIONAL HUMAN RIGHTS LAW

International and Comparative Law Quarterly ◽

10.1017/s0020589320000184 ◽

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.

Download Full-text

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

Netherlands Quarterly of Human Rights ◽

10.1177/016934411203000406 ◽

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.

Download Full-text

Socioeconomic Health Inequalities in Europe

The Oxford Handbook of Comparative Health Law ◽

10.1093/oxfordhb/9780190846756.013.44 ◽

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.

Download Full-text

Educational internationalism, universal human rights, and international organisation: International Relations in the thought and practice of Robert Owen

Review of International Studies ◽

10.1017/s0260210513000429 ◽

2013 ◽

Vol 40 (4) ◽

pp. 729-751 ◽

Cited By ~ 2

Author(s):

THOMAS RICHARD DAVIES

Keyword(s):

Human Rights ◽

International Relations ◽

Significant Contribution ◽

Theory And Practice ◽

Social Reformer ◽

Early Nineteenth Century ◽

Universal Human Rights ◽

Human Rights Norms ◽

Human Rights Standards

AbstractRobert Owen, the early nineteenth-century social reformer, made a greatly more significant contribution to the theory and practice of International Relations than has hitherto been assumed. This article shows how Owen helped to develop an understudied but distinctive form of internationalist thought focusing on the role of education in the pursuit of peace. Owen's previously neglected contributions to human rights norms and to international organisation are also explored, including his promotion of universal rather than nationally-oriented human rights standards, his role in the nascent movement towards the formation of international non-governmental organisations, and his contribution to international federalist ideas. Following an introduction to Owen's place in the literature, this article discusses each of these contributions of Owen to the theory and practice of International Relations in turn. The analysis reveals that Owen's contributions in each of these aspects are as significant for their limitations as for their insights.

Download Full-text