Non-State Actors and the Evolution of Humanitarian Norms

2014 ◽  
Vol 5 (1-2) ◽  
pp. 70-104 ◽  
Author(s):  
Shahla Ali ◽  
Tom Kabau
Keyword(s):  
Self Regulation ◽  
Humanitarian Assistance ◽  
Legal Regime ◽  
Nutrition And Health ◽  
Minimum Standards ◽  
Life Saving ◽  
Central Argument ◽  
State Actors ◽  
Human Rights Based Approach ◽  
To Receive

The Sphere Humanitarian Charter, a self-regulation instrument of humanitarian non-State actors, establishes principles and minimum standards in the provision of humanitarian assistance in select vital life-saving relief activities, especially in nutrition and health. The Charter articulates principles and minimum standards for facilitating the achievement of rights and obligations enshrined in various international legal “soft law” instruments. Due to the multiplicity of international legal instruments, the Sphere Charter provides a tool for a coherent understanding and application of relevant obligations, and therefore increases accountability and efficiency. The Sphere Charter bold human rights based approach to humanitarian assistance, including its articulation of a right to receive humanitarian assistance, may contribute to the evolution of the international legal regime into a more “victim centered” system. The central argument postulated in this article is that although the Sphere Charter is not a binding legal instrument, it has significant normative value that may contribute to progressive developments in the legal regime governing humanitarian assistance, and is particularly helpful in improving accountability and quality in the provision of nutrition and health relief. The Sphere Charter framework for local participation is particularly viewed as significant in engendering accountability in relief activities.

A Human Rights-Based Approach to Humanitarian Assistance

2016 ◽  
Vol 7 (2) ◽  
pp. 257-293
Author(s):  
Maria Giovanna Pietropaolo
Keyword(s):  
Human Rights ◽  
Disaster Relief ◽  
Humanitarian Aid ◽  
International Aid ◽  
International Community ◽  
Humanitarian Assistance ◽  
Human Right ◽  
Current Scenario ◽  
Human Rights Based Approach ◽  
To Receive

With a view to transcending purely philanthropic or political approaches to disaster relief overlooking the entitlement of victims of a catastrophe to be assisted, this article analyses humanitarian assistance from a human rights perspective. Humanitarian aid operations are presented as the result of the interaction between the human rights of people affected by disasters and the corresponding governmental obligations. A distinction is made between the current scenario of disaster relief in which the relevant rights are the ones to life, food, health and medical services, water, adequate housing and clothing, and a prospective regime in which a human right to receive humanitarian assistance is recognized by the international community. The juxtaposition of the two regimes highlights the differences in the levels of protection they afford. It also proves that, in both cases, the adoption of a human rights-based approach safeguards affected people by empowering them to challenge governmental decisions to refuse international aid and by placing under international scrutiny the measures taken by sovereign States to protect their populations in the aftermath of catastrophes.

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

Puerperal Disorders

2021 ◽  
pp. 159-176
Keyword(s):  
Antenatal Care ◽  
Maternal Death ◽  
Post Partum ◽  
Care And Support ◽  
Life Saving ◽  
Abnormal Bleeding ◽  
Post Partum Period ◽  
The Difference ◽  
To Receive ◽  
Pregnancy And Birth

Unfortunately, the complexities of human pregnancy and birth make it a risky endeavor. The most vulnerable time for maternal death is the post-partum period during which 60% deaths and 65% deaths are reported. Around 62.3% deaths are estimated to occur in post-partum period. Unfortunately, post-partum period is the most neglected period. In the developing world, while 65% of all women have some form of antenatal care, 53% get intra-natal care; only 30% get post-partum care. Women continue to need care and support after childbirth. Postpartum checkups can make all the difference for an abnormal bleeding or infection. Living away from services or being unable to afford those services prevents a woman from acquiring the knowledge needed after birth to look after herself or to receive the life-saving antibiotics and the attention she may need after delivery.

scholarly journals National Wisdoms and the ASEAN Human Rights Legal Regime

2017 ◽  
Vol 1 (1) ◽  
pp. 46
Author(s):  
Heribertus Jaka Triyana
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
Disaster Response ◽  
East Asian ◽  
Asian Countries ◽  
Legal Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Norms ◽  
Human Rights Based Approach

Recently, the discourse on the relation between local wisdom and human rights shows its relevance. This article describes and critically examines the human rights norms and procedures with regards to common local wisdoms to remedy and redress human rights problems in South East Asian countries. It takes an example of redressing problem in rights to development and also focuses on the application of the ASEAN agreement on Disaster Management Response to contextualize role and influence of local wisdoms to manage and to mitigate disaster response within the ASEAN human rights protection. This writing also highlights that human rights based approach is needed in the implementation of the ASEAN human rights norms and mechanisms in accordance to local wisdoms of respective countries where disaster occurs.

Decision-making at the border of viability: determining the best interests of extremely preterm infants

2020 ◽  
Vol 46 (11) ◽  
pp. 773-779
Author(s):  
Eric Vogelstein
Keyword(s):  
Decision Making ◽  
Preterm Infants ◽  
Gestational Age ◽  
Well Being ◽  
Best Interests ◽  
Life Saving ◽  
Extremely Preterm ◽  
Extremely Preterm Infants ◽  
To Receive

This paper proposes and employs a framework for determining whether life-saving treatment at birth is in the best interests of extremely preterm infants, given uncertainty about the outcome of such a choice. It argues that given relevant data and plausible assumptions about the well-being of babies with various outcomes, it is typically in the best interests of even the youngest preterm infants—those born at 22 weeks gestational age—to receive life-saving treatment at birth.

INTERNATIONAL HUMANITARIAN LAW AND COUNTER-TERRORISM: FUNDAMENTAL VALUES, CONFLICTING OBLIGATIONS

2019 ◽  
Vol 69 (1) ◽  
pp. 43-78
Author(s):  
David McKeever
Keyword(s):  
Security Council ◽  
Humanitarian Assistance ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Regime ◽  
Counter Terrorism ◽  
Insufficient Attention ◽  
Legal Obligations ◽  
Fundamental Values

AbstractThe interaction of international counter-terrorism laws with IHL is an area of renewed focus, amid widespread concern that the former are being (mis)applied to criminalise the provision of humanitarian assistance envisaged under the latter. The Security Council has begun to consider this issue in resolutions adopted in March and July 2019, but difficult questions of law and fact remain. These questions have significant practical consequences—for humanitarian agencies and those they seek to assist, as well as for States that must weigh different, and possibly conflicting, legal obligations. Much of the analysis to date and the solutions proposed, pay insufficient attention to the specifics of each legal regime.

scholarly journals Enhancing the Quality of Humanitarian Assistance: Taking Stock and Future Initiatives

2001 ◽  
Vol 16 (4) ◽  
pp. 209-215 ◽  
Author(s):  
Andre Griekspoor ◽  
Egbert Sondorp
Keyword(s):  
Self Regulation ◽  
Humanitarian Assistance ◽  
Assessment Tools ◽  
Local Context ◽  
Political Actors ◽  
Evaluation Practice ◽  
Body Of Knowledge ◽  
The Media ◽  
National Governments

AbstractDuring the last five years, the debate on the performance of humanitarian assistance has intensified. The motivation to “do better” has come both from within the humanitarian agencies as well as from pressure exerted by the donors and the media. Paradoxically, until now, the voice of those who are to benefit from this assistance has not been heard.This paper is an overview of the most important initiatives to increase the quality of humanitarian assistance. The introduction of the logical framework and the increasing body of knowledge made available through guidelines have improved project management by measuring process and outcomes. Increasingly, evaluations are used to give account and to learn from experiences. But, current evaluation practice must develop in a wider variety of approaches more appropriate to create change of the operations in the field. Some agencies oppose new developments like the Sphere and the Humanitarian Accountability Projects, arguing that standards and regulation would undermine necessary flexibility to adjust responses to the local context, or be a threat to their independence. Nonetheless, standards are considered to be a prerequisite as reference to assess performance. Furthermore, it is hoped that a new breakthrough will be achieved by improved accountability towards beneficiaries.An option to address some of the gaps in the current quality assessment tools was to widen the perspective on performance from projects to the organisations behind them. Quality management models may provide the required framework, and they also can be used to embed current initiatives by organisations. Humanitarian organisations may want to develop forms of self-regulation rather than waiting for accreditation by donors. Another area in which progress is needed is a system-wide approach to performance. At this level, the influence of political actors, donors, national governments, and other representatives of the parties in a conflict also should be assessed. It is their legal obligation to protect the basic right to assistance of persons affected by disasters, as enshrined in international law.

scholarly journals Statutory regulation of subsidized pharmaceutical provision in Russian Federation

2020 ◽  
Vol 27 (4) ◽  
pp. 520-529
Author(s):  
Oleg A. Nagibin ◽  
Elena V. Manukhina ◽  
Ilya A. Komarov
Keyword(s):  
Social Status ◽  
Continuous Improvement ◽  
Russian Federation ◽  
Equal Opportunities ◽  
Aim Analysis ◽  
Life Saving ◽  
The Russian Federation ◽  
To Receive ◽  
Statutory Regulation ◽  
Medicinal Therapy

At present in the Russian Federation (the RF), an organized system of pharmaceutical provision of benefit-entitled citizens is used. With this, statutory regulation is under continuous improvement through adoption of new regulatory acts and amendments to already existing ones [1]. The basis of this process is equal opportunities and rights of all individuals for free provision with medical drugs. Nevertheless, there exist benefit-entitled categories of citizens for whom additional approaches to organization of pharmaceutical provision were adopted. Aim. Analysis of statutory regulation applicable to the existing benefit-entitled citizens. Conclusion. The established normative framework regulating pharmaceutical provision of benefit-entitled citizens both on the federal and regional levels, permits patients to receive the necessary life-saving medicinal therapy. With this, an obligatory condition for receiving such assistance is presence of a certain diagnosis or a certain social status. Far not all patients are included into the list of benefit-entitled citizens. Hence, the existing statutory regulation of healthcare requires further improvement.

scholarly journals Edukasi Gizi dan Kesehatan pada Remaja Komunitas Adat Suku Anak Dalam (SAD) Desa Pematang Kabau Kabupaten Sarolangun

2020 ◽  
Vol 2 (3) ◽  
pp. 216
Author(s):  
Merita Merita ◽  
Dini Junita ◽  
Dwi Yunita Rahmadhani
Keyword(s):  
Nutrition Education ◽  
Health Workers ◽  
Health Issues ◽  
Nutritional Knowledge ◽  
Nutrition And Health ◽  
Adolescent Nutrition ◽  
Arm Circumference ◽  
Power Point ◽  
To Receive

Adolescent nutrition and health issues need to be considered because adolescents are the next generation that determines the quality of human resources. Likewise, adolescents who are living in marginal conditions such as the Suku Anak Dalam (SAD) need to receive special attention due to the lack of access to information and nutrition education in these groups. Therefore, the purpose of this service is to educate adolescent nutrition and health in the indigenous community of Suku Anak Dalam (SAD). This activity was carried out in June - August 2020, in Pematang Kabau Village, Sarolangun Regency. The target is 10 SAD adolescents. This activity consists of providing education with power point media, leaflets, posters, and videos, as well as demonstrations using food models. The outputs of the community service activities are: (1) Media leaflets and health nutrition posters and; (2) Application of balanced nutrition in adolescents. The results showed that  a better change to aspects of nutritional knowledge where most targets can recognize and mention foods that are good for health, and can exemplify simple ways of monitoring nutritional status such as weighing, height, and measurement of Upper Arm Circumference. Based on this activity it is necessary to collaborate efforts from village officials, nutrition cadres and health workers to carry out routine nutrition and health monitoring on SAD adolescents so as to improve the health status of the SAD community.

scholarly journals Can legal frameworks for disaster response be improved?

2011 ◽  
pp. 35-39
Author(s):  
Dug Cubie
Keyword(s):  
Medical Care ◽  
Disaster Response ◽  
Humanitarian Assistance ◽  
Search And Rescue ◽  
International Level ◽  
Emergency Assistance ◽  
Life Saving ◽  
Red Tape ◽  
Legal Frameworks

We are all familiar with images of search and rescue teams, medics, and engineers arriving to help after a disaster, such as following the March 2011 Japanese earthquake and tsunami or the massive floods in Pakistan in July 2010. In recognition of the devastating impact natural or human-made disasters can have on individuals and communities, an estimated US $7billion was spent globally in 2008 on emergency assistance including food, shelter and medical care. The mere words “Pompeii”, “Krakatoa” or “Chernobyl” conjure up scenes of death and destruction. So how can lawyers assist in disaster responses? Cynics may say that things always get more complicated when lawyers become involved. Rules, regulations and red tape – surely all of these legal tools only delay vital life saving assistance? Yet legal practitioners at a national and international level are increasingly aware that we have a lot to contribute to ensure that humanitarian assistance ...

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