scholarly journals French and Venezuelan People’s Conceptualization of Human Rights: Indivisibility and Universality Issues

2018 ◽  
Vol 17 (4) ◽  
pp. 1-9 ◽  
Author(s):  
Ana Gabriela Guédez ◽  
Etienne Mullet

The present study aimed to examine French unpaid participants’ (N = 50) perceptions about Human Rights (HR). The material was a series of scenarios depicting a socio-political situation of a fictitious state and a response scale. Four critical items of information were provided: (a) the degree in which the State offers social protection to the citizens (not at all, intermediate or complete);(b) the level of respect for Civil Liberties in the country (no respect, intermediate, full respect);(c) the level of Equality between citizens (inequality of rights vs. equality of right);and (d) the level of Respect for the private life of the citizens (no respect for private life vs. full respect for private life). The 36 stories were obtained by the orthogonal crossing of the four factors: 3 x 3 x 2 x 2 = 36. Results from the French sample were compared with previous results from a Venezuelan sample (Guédez & Mullet, 2014). Results showed no difference in the importance given to Social Protection between French and Venezuelan participants. Also, the crucial four-way interaction was significant at a very stringent level, and the five-way interaction involving Country was not. Thus, it can be safely considered that the way HR are conceptualized is correctly expressed by the equation: Judged Respect for HR = Privacy x Civil Liberties x Equality x Social Protection.

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Elizabeth Stark

The state of Eritrea is gradually losing its population. A variety of human rights violations including mandatory indefinite conscription is contributing to many Eritrean citizen’s choice to flee. Those that do flee, tend to go to Sudan or Ethiopia as there is a long historical and cultural connection between the three countries. Additionally, Sudan and Ethiopia have a variety of laws and institutions in place to help the various refugees they take in. However, while there is this legislation, refugees are still vulnerable segments of the population that face many troubles. This shared history, culture and the legal protections afforded to refugees, are some of the reasons why Eritreans choose to flee to Sudan or Ethiopia. Some refugees use Sudan and Ethiopia as a stepping stone on the way to Europe, this shared culture and history provides them of a taste of home while attempting to flee to a better life and the legal institutions offer them protection whether they choose to Sudan and Ethiopia or continue on their journey to Europe.


Author(s):  
Iryna Surovtseva

The article is devoted to the partnership of social workers and ombudsmen as an influential tool for the citizens' rights protection. The common aspects of professional activity of social workers and ombudsmen in the citizens' rights protection of Ukraine and European countries are analyzed. Analyzed the annual reports of the National Ombudsman, clarified the dynamics of the receipt of citizens' reports about violations of their rights. There is a growing number of human rights violations in the field of social protection. The ombudsman has the right to make recommendations to the central executive bodies, which are ripe after the monitoring visits. Through the activities of social workers and the ombudsman, the state assumes the main functions of ensuring human rights in the social sphere. Foreign experience on the significant role of «natural allies» (social workers and ombudsmen) in drafting a formal protocol of strategic and tactical cooperation to optimize the residents' interests based on a friendly advisory approach have been highlighted. Most often, social workers and ombudsmen are forced to act as intermediaries between people and the state or other bodies to uphold justice and provide protection in cases where measures taken by the state in the interests of society as a whole threaten the rights and freedoms of individuals or groups. There is a need to intensify cooperation between the ombudsman's offices, social protection departments and social service providers (for example, through the joint Commissions on the quality of social services establishment, joint investigations into unsatisfactory social or medical care complaints). It seems relevant to expand the positions of specialized ombudsmen (for social protection (security), military ombudsman) as independent officials in communities (municipalities) for Ukraine.


2019 ◽  
Vol 11 (2) ◽  
pp. 131
Author(s):  
Tanti Kirana Utami

Law Number 39 of 1999 concerning Human Rights regulates the obligations of the State in protecting each of its citizens, including the respect, protection and fulfillment of the rights of persons with disabilities. Persons with disabilities should get the same opportunity in developing themselves through independence as human beings with dignity. Based on the foregoing it is very important to conduct research on persons with disabilities to find out the objective conditions of persons with disabilities in Cianjur district and to find out policies and programs for social protection activities for persons with disabilities. The research method used is normative juridical with descriptive analytical research specifications. The results showed that the condition of persons with disabilities in Cianjur Regency was caused due to birth or illness with various disabilities spread in several districts and social protection for persons with disabilities in Cianjur regency carried out in the form of providing various facilities and social security in stages. The conclusion of this study is the data of persons with disabilities in Cianjur Regency already included including social protection provided by the government. For this reason, it is expected that various facilities and social security will be improved and local regulations made


Author(s):  
O.O. Shafi ◽  
K.V. Lyashenko

The article examines the problems of euthanasia and the realization of the human right to suicide with the help of others in the context of the European Convention for the Protection of Human Rights and Fundamental Rights, the case law of the European Court of Human Rights. The authors focused on finding the necessary compromise between protecting the patient's right to life, which is a positive commitment of the state, and protecting the patient's right to respect for private life and individual independence. The main positions of the European Court of Human Rights on the possibility of use in euthanasia and in which cases are analyzed step by step. In each case, it was described under what conditions the applicants had applied to the Court and what the difference was between the cases. It is emphasized what the Court relied on in resolving each individual case. It is stated how the Court interprets the possibility of applying Article 2 of the Convention in a negative light and in what cases and under what conditions the Court considers it necessary to apply the principle of “ratione personae”. It is indicated what is the main difference between active and passive euthanasia, and in which countries any of the forms of termination of life of a sick person is allowed, regulated and clearly regulated. It is noted that the issue of application or discontinuation of treatment was considered taking into account many objective factors that are taken into account in each case. Also, attention is paid to the analysis of the court's position on the importance of the role of the state in matters of termination of life, where countries should be given discretion in deciding on disconnection from artificial life support. Separately, the main risks of legitimizing euthanasia are emphasized, in particular, the authors point to the need to improve and comply with the imperative norms in each country to ensure the fulfillment of the positive responsibilities of each state.


Author(s):  
Claire Fenton-Glynn

This book provides a comprehensive and detailed overview of the jurisprudence of the European Court of Human Rights as it relates to children. Covering areas including juvenile justice, the immigration system, and education and religion, as well as family life, child protection, and adoption, it undertakes a comprehensive examination of the way in which the Court has approached the rights of children, both in relation to their parents and in relation to the state. In doing so, it tracks the evolution of the Court’s treatment of children’s rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children’s individual agency.


2021 ◽  
pp. 311-342
Author(s):  
Howard Davis

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 8. Article 8 is concerned with matters that are considered personal, over which individuals are sovereign, and with which the state should not interfere. In its first paragraph, it recognises ‘private life’, ‘family life’, ‘home’, and ‘correspondence’ as the general concepts in terms of which this sphere of the personal is to be protected under the European Convention on Human Rights. These terms are defined and discussed in the chapter. The second paragraph presents the general legal conditions that must be satisfied before such interference can be considered justified and compatible with the Convention. Much of the chapter is concerned with the application of Article 8 to various situations such as surveillance, the environment, deportation, abortion, and euthanasia. Article 8 is also invoked in respect of important and controversial matters such as the situation of transgendered persons and the duties of states towards homosexual families.


Author(s):  
Steve Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts and advice on gaining extra marks. Q&A Human Rights and Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd; and find relevant further reading. This chapter covers the right to life, including its importance, the duty of the state to preserve it, and the situations where life can be taken.


2006 ◽  
Vol 5 (4) ◽  
pp. 327-352 ◽  
Author(s):  
Carlos García-Rivero ◽  
Hennie Kotzé

AbstractThe study of Arab political culture has been developed extensively in recent times in an attempt to test whether the lack of democracy in the Arab world can be ascribed to its political culture, in which religion plays a major role. There are divergent conclusions with regards to this question. In this article, using quantitative techniques, we have analyzed satisfaction with the way democracy is implemented in Algeria at the elite and general public levels. More specifically, we have looked at whether the demand for more religious influence within the state affects levels of satisfaction with the way democracy is being implemented within Algeria. Our results indicate that the low level of satisfaction with the way democracy is implemented in Algeria amongst elites and the public is not driven by political culture or religion specifically – but by a perception of a lack of respect for human rights in the country and, in the case of the general public, also by a lack of confidence in the Algerian state.


2016 ◽  
Vol 9 (4) ◽  
pp. 523-535
Author(s):  
Isma’il al-Shatti

Arab constitutions, for the most part, specify and guarantee human rights in their wordings. However, the reality of the individual in the Arab nation reveals something quite different from that which is written in the constitutions. The state is charged with providing citizens with sufficient opportunities by granting them the right to participate in political, economic, social and cultural life in addition to rendering the private life and private affairs of individuals inviolable. Arab regimes' commitment to democracy is tenuous and in the main, these regimes preserve reference to democracy in their constitutions simply as a means for improving the image of the regime and as a pro-forma attempt at applying a modus operandi of a modern state. Despite the fact that laws are promulgated to regulate political work, the press and media, and the institutions of civil society, they are deprived of their function and impact through superficial or highly restricted legislation. For more than five decades, academic researches and writings on the obstacles to transitioning to democracy have increased and multiplied; and various ideas and opinions on the subject have been advanced. This article attempts an explanation of the phenomenon of Arab authoritarianism which fostered the crisis of the ‘Arab Spring’ and explores the reasons for the failure of democracy in the region.


Author(s):  
Steve Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd. This chapter covers the right to private and family life, including the scope of privacy and private and family life, protection in domestic law and under the ECHR, privacy and press freedom, and surveillance powers and privacy.


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