Freedom of Language: A Universal Human Right to Be Recognised

2012 ◽  
Vol 19 (2) ◽  
pp. 195-232 ◽  
Author(s):  
György Andrássy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Moral Rights ◽  
Legal Rights ◽  
Political Rights ◽  
Human Right ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

Human rights as legal rights originate from human rights as pre-existing moral rights; however, as pre-existing human rights are unwritten and invisible, it is uncertain whether all of these rights have been recognised and defined properly. This article advances the thought that if there are any human rights at all and if the civil and political rights recognised and defined by the United Nations represent these pre-existing human rights, then there must be at least one more such right, the right of all to freedom of language and, therefore, the United Nations ought to recognise and define this right too.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Social Dimension ◽  
European Convention ◽  
Political Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

scholarly journals ASSESSING THE HUMAN RIGHTS COMMITTEE’S GENERAL COMMENT NO. 37: IS THE INTERPRETATION SUFFICIENT TO PROTECT THE FREEDOM OF ASSEMBLY IN TIMES OF PUBLIC HEALTH EMERGENCY?

2021 ◽  
Vol 29 (2) ◽  
pp. 1-25
Author(s):  
Sonia Widya Febriana
Keyword(s):  
Public Health ◽  
Human Rights ◽  
United Nations ◽  
Public Health Emergency ◽  
Political Rights ◽  
Public Health Emergencies ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right ◽  
Scope Of Protection

Implementing the right of peaceful assembly in the midst of a pandemic seems dangerous, especially when the disease is highly infectious. The United Nations Human Rights Committee then adopted General Comment No. 37 which explains the scope of protection of Article 21 of the International Covenant on Civil and Political Rights 1966. This writing is normative research on the interpretation made by the Human Rights Committee and assessing the sufficiency of the said interpretation in protecting the freedom of assembly in the midst of public health emergencies. It is found that the Human Rights Committee has conducted a thorough method in interpreting the protective scope of Article 21 of the ICCPR, whereas the General Comment No. 37 provides a vast protective scope, including a thorough guideline on how to conduct the freedom of assembly in times of public health emergency.

General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life (H.R. Comm.)

2019 ◽  
Vol 58 (4) ◽  
pp. 849-871
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Right To Life ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

In October 2018, the United Nations Human Rights Committee (UNHRC) adopted General Comment 36 on Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the guarantee of the right to life.

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.

4. The International Bill of Human Rights

2019 ◽  
pp. 56-71
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
Political Rights ◽  
Legal Basis ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
The United Nations

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.

Views Adopted by the Committee Under Article 5(4) of the Optional Protocol, Concerning Sanila-aikio v. Finland, Communication No. 2668/2015, and Klemetti Käkkäläjärvi et al., Communication No. 2950/2017 (H.R. Comm'n)

2020 ◽  
Vol 59 (2) ◽  
pp. 302-332
Author(s):  
CJ Iorns Magallanes
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Electoral Roll ◽  
Optional Protocol ◽  
Civil And Political Rights ◽  
The United Nations ◽  
Article 5

On November 1 and 2, 2018, the Human Rights Committee of the United Nations (the Committee) adopted views pursuant to Article 5(4) of the Optional Protocol in the cases of Sanila-Aikio v. Finland and Klemetti Käkkäläjärvi et al. In respect of both communications, the Committee considered that the interpretation made by the Finland Supreme Administrative Court (the Court), of who was eligible to be a member of the Sami Parliament's electoral roll, violated Article 25 of the International Covenant on Civil and Political Rights (the Covenant), read alone and in conjunction with Article 27, and in light of Article 1.

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