A Human Right to Groundwater?

2011 ◽  
Vol 13 (3) ◽  
pp. 305-319 ◽  
Author(s):  
Maria Gavouneli
Keyword(s):  
Human Rights ◽  
Water Law ◽  
Human Right ◽  
Human Needs ◽  
State Practice ◽  
Un General Assembly ◽  
Basic Human Needs ◽  
The Right ◽  
The Impact ◽  
Transboundary Aquifers

AbstractWithin a few months in 2010, both the UN General Assembly and the Human Rights Council affirmed a human right to safe drinking water. The present paper purports to identify the impact, if any, of these declarations of an existing or emerging right to water and its repercussions on the proper management of transboundary aquifers, which the ILC sought to regulate in its 2008 Draft Articles. Reviewing existing binding and non-binding instruments and related State practice, I argue that there exists today a mature right to clean water. Although the law of transboundary aquifers is in a nascent form, there is no reason not to import the polished quality requirements of the right to water in order to further identify and fulfil the basic human needs it has set out to address. The achievements of the human rights field may and must be transferred into the emerging water law.

scholarly journals Expanding the Impact of the Psychology of Working: Engaging Psychology in the Struggle for Decent Work and Human Rights

2018 ◽  
Vol 27 (1) ◽  
pp. 3-28 ◽  
Author(s):  
David L. Blustein ◽  
Maureen E. Kenny ◽  
Annamaria Di Fabio ◽  
Jean Guichard
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Psychological Research ◽  
Significant Loss ◽  
Decent Work ◽  
Human Right ◽  
Human Needs ◽  
The World ◽  
Psychology Of Working ◽  
The Impact

Building on new developments in the psychology of working framework (PWF) and psychology of working theory (PWT), this article proposes a rationale and research agenda for applied psychologists and career development professionals to contribute to the many challenges related to human rights and decent work. Recent and ongoing changes in the world are contributing to a significant loss of decent work, including a rise of unemployment, underemployment, and precarious work across the globe. By failing to satisfy human needs for economic survival, social connection, and self-determination, the loss of decent work undermines individual and societal well-being, particularly for marginalized groups and those without highly marketable skills. Informed by innovations in the PWF/PWT, we offer exemplary research agendas that focus on examining the psychological meaning and impact of economic and social protections, balancing caregiving work and market work, making work more just, and enhancing individual capacities for coping and adapting to changes in the world of work. These examples are intended to stimulate new ideas and initiatives for psychological research that will inform and enhance efforts pertaining to work as a human right.

O’Keeffe v. Ireland: overview and analysis

2017 ◽  
Author(s):  
James Gallen
Keyword(s):  
Human Rights ◽  
Sexual Abuse ◽  
Tort Law ◽  
European Convention ◽  
Human Right ◽  
Vicarious Liability ◽  
European Court ◽  
Effective Remedy ◽  
The Right ◽  
The Impact

James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.

The Human Right to Water in Latin America

2018 ◽  
Vol 3 (2) ◽  
pp. 1-94
Author(s):  
Anna Berti Suman
Keyword(s):  
Water Management ◽  
Latin American ◽  
Management Systems ◽  
Water Law ◽  
Human Right ◽  
The Social ◽  
Constitutional Evolution ◽  
The Right ◽  
The Impact

AbstractThis monograph investigates the development of the right to water (RtW) and of water law in the Latin American context. Specifically, it examines the significance of Latin American (la) constitutional evolution, doctrine, and jurisprudential contribution in stimulating the social, political, and economic debate on the RtW, regionally and worldwide. Firstly, an overview on the RtW inlaconstitutions is provided and the impact of the findings is highlighted. The mainlawater management systems are then reviewed with an acknowledgment that an analysis of the RtW has to take account of its application in specific contexts. The intrinsic connection between the RtW and the role of the private sector is examined through specific insights into the highly privatized Chilean water services. Lessons learnt from thelaexperience are outlined in the conclusion and their relevance for the global debate on the RtW is illustrated.

scholarly journals El derecho humano a participar: Estudio del artículo 21 de la Declaración Universal de Derechos Humanos = The human right to participate: Study of article 21 of the Universal Declaration of Human Rights

2019 ◽  
pp. 33
Author(s):  
Jorge Castellanos Claramunt
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
International Law ◽  
International Development ◽  
Universal Declaration ◽  
Human Right ◽  
Citizenship Rights ◽  
Derechos Humanos ◽  
The Right ◽  
The Impact

RESUMEN: El derecho a la participación política se encuentra en el artículo 21 de la Declaración Universal de Derechos Humanos como un derecho humano. Este derecho ha seguido un desarrollo a nivel internacional desde una perspectiva global, así como continental, por lo que se analiza su evolución en los últimos 70 años y el impacto que ha tenido dentro del desarrollo del Derecho Internacional de los Derechos Humanos. Por último se subraya el carácter fundamental del derecho a participar así como una proyección de su desarrollo en el futuro.ABSTRACT: The right to political participation is found in article 21 of the Universal Declaration of Human Rights as a human right. This right has followed an international development from a global as well as a continental perspective, so its evolution over the last 70 years and the impact it has had on the development of the International Law of Human Rights is analyzed. Finally, the fundamental character of the right to participate is stressed, as well as a projection of its.PALABRAS CLAVE: derechos humanos, participación política, democracia, ciudadanía, derechos.KEYWORDS: human rights, political participation, democracy, citizenship, rights.

The Power of Article 103 of the un Charter on Treaty Obligations

2016 ◽  
Vol 20 (1-2) ◽  
pp. 111-131 ◽  
Author(s):  
Sophocles Kitharidis
Keyword(s):  
Human Rights ◽  
United Nations ◽  
United Nations Security Council ◽  
International Treaty ◽  
Peacekeeping Operations ◽  
State Practice ◽  
The United Nations ◽  
The Right ◽  
The Impact ◽  
The Relationship

Understanding Article 103 of the Charter of the United Nations (un Charter) has proven to be complex and controversial. This provision stipulates that in the event of a conflict, the obligations imposed on un Member States under the un Charter prevail over international treaty obligations. Difficulties arise when state parties must determine whether to construe the provision as applying narrowly only to express Charter obligations, or more widely to obligations generated by Charter bodies such as the United Nations Security Council (unsc). Within the context of un peacekeeping operations, such operations are mandated by the unsc. Emphasizing on the respect of the relationship between the unsc and the un Charter, Article 25 serves as a specific legal basis for the unsc’s obligations to respect the provisions of the un Charter by developing intra vires decisions which are consistent with Charter obligations. State practice therefore presupposes that priority for unsc resolutions over treaty obligations is provided by Article 103. This article will first analyse Article 103 and in doing so, it will examine the obligations that the unsc can impose on states. This will include a consideration of when unsc mandated peacekeeping operations can, by their nature, contravene international human rights treaty obligations. It will then discuss the impact on peacekeeping operations on the presumption of complying with human rights obligations, including the right to life, freedom from torture and the right to liberty and security. Finally, this article will offer a critique of the capacity of Article 103 to override human rights obligations through the unsc interpretation of ‘all means necessary’ in peacekeeping operations.

scholarly journals Artikel PPKN

2021 ◽  
Author(s):  
cevi aprilia prasetyawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Right ◽  
The Public ◽  
Human Needs ◽  
Social Wellbeing ◽  
Basic Human Needs

Health is a state of complete physical,mental and social wellbeing that enables everyoneto people live socially productive lives. Health is one of the basic human needs,therefore health is a right for every citizen protected by law.The purpose of this writing is to inform the public recarding human rights in health.Result of in this discussion there are human right in health and the responsibility of the state towards human rights.

Trade Rules, Intellectual Property, and the Right to Health

2007 ◽  
Vol 21 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Lisa Forman
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Right To Health ◽  
Essential Medicines ◽  
Human Right ◽  
Poor Countries ◽  
Access To Essential Medicines ◽  
The Right ◽  
Human Rights Standards ◽  
The Impact

In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, their impact on the global disease burden raises serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards. These standards require that international trade rules on medicines be justified to the fullest extent possible, and permitted only to the extent to which they can be justified. In this article I explore the impact of trade rules on medicines access, and the growing force of the human right to health. I argue that the limited justification for strong patents in poor countries suggests the need for significant reform of trade-related intellectual property rights. I argue further that human rights standards may offer both normative and practical tools for achieving this reform and for challenging trade rules on medicines at various levels.

The Right to Health in National and International Jurisprudence

1998 ◽  
Vol 5 (4) ◽  
pp. 389-408 ◽  
Author(s):  
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Access To Health Care ◽  
Case Law ◽  
Right To Health ◽  
Equal Access ◽  
International Human Rights Law ◽  
Human Right ◽  
Human Needs ◽  
The Right

AbstractThe right to the highest attainable level of health or, briefly, the right to health is a fundamental human right, solidly embedded in international human rights law. As with other human rights, this right creates corresponding obligations for States which they are due to respect, protect and fulfil.The right to health embodies both positive and negative contents rights, ranging from the right to adequate protection of health to the right to equal access to health care. In addition, the right to health obliges States to create conditions favourable to the achievement and maintenance of the highest attainable level of health.This article describes and analyses national and international case law with respect to these three components of the right to health in an effort to delineate the general contours of this right. It is argued that courts and other (quasi-)judicial bodies more or less explicitly acknowledge that States are required to ensure a minimum level of health protection, (equal access to) essential health care and satisfaction of basic human needs. From the existing body of case law touching on the right to health it remains, however, difficult to conclude how courts define the minimum core content of the right to health, let alone to gain further insights into the normative meaning of this right.

Nationality, State Succession, and the Right of Option: The Case of Québec

1999 ◽  
Vol 36 ◽  
pp. 151-180
Author(s):  
Gibran van Ert
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Right ◽  
State Practice ◽  
State Succession ◽  
The Law ◽  
The Right ◽  
Nationality Law

SummarySome advocates of Québec separatism claim that Quebecers could retain their Canadian nationality following Québec’s secession from Canada. This article examines international nationality law to test the accuracy of that claim. A device known as an option exists in international law as a means of allowing individuals to determine for themselves the effect of state succession upon their nationality. This article considers the place of options in the law of state succession, both as it now stands and as proposed by the International Law Commission’s Draft Articles on the Nationality of Natural Persons in Relation to the Succession of States, 1997. Four possible arguments in favour of a Québécois option are given, the most convincing of which arises by analogy to state practice in the use of plebiscites. This argument suggests that international law would require the state of Québec to grant all Canadians affected by Québec’s secession a right to opt for Canadian nationality instead of Québécois nationality with the caveat that those opting to retain Canadian nationality could face expulsion from Québec. Finally, the article suggests that the development of human rights in international law should extend to recognize a true human right of option in cases of state succession. Regrettably, the ILC Draft hinders, rather than encourages, this desirable development.

The right to an affordable, secure and decent home for all

Housing Shock ◽  
2020 ◽  
pp. 217-236
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
European Law ◽  
Psychological Approach ◽  
Human Right ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
The Impact

This chapter outlines the centrality of housing as a home for human dignity and wellbeing, using a social justice, human rights and psychological approach to housing. It details the impact of homelessness and housing insecurity on child and family wellbeing. It explains how and why housing is a human right in international law, including the UN definition of adequate housing, and the right to housing in European law and European countries. It details the new housing movement, The Shift and housing strategies based on human rights, key principles of a human rights-based housing strategy. It then outlines the status of right to housing in Ireland, its absence in law, and recent debates around its inclusion in the Constitution. It details the case for why the Right to Housing should be included in Irish law and the Constitution.

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