Refugees: The politically oppressed

2020 ◽  
pp. 019145372093192
Author(s):  
Felix Bender
Keyword(s):  
Human Rights ◽  
Specific Situation ◽  
Political Rights ◽  
Classical Approach ◽  
Refugee Status ◽  
The Core ◽  
Political Status ◽  
Normative Foundation ◽  
The Right ◽  
What Matters

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed.

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

The Right to Enter One’s Own Country: The Conflict between the Jurisprudence of the Human Rights Committee and the Travaux Préparatoires of Article 12(4) of the iccpr

2021 ◽  
Vol 10 (1) ◽  
pp. 75-123
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right

Abstract Article 12(4) of the International Covenant on Civil and Political Rights (iccpr) provides that ‘[n]o one shall be arbitrarily deprived of the right to enter his own country.’ The jurisprudence of the Human Rights Committee shows that Committee members have often disagreed on the question of whether the right under Article 12(4) is reserved for citizens only or it can be claimed by non-citizens who consider the countries in which they were born or they have lived for longer periods as their own. In its earlier case law, the Committee held that Article 12(4) is applicable to nationals only. Since 1999, when General Comment No.27 was adopted, the Committee has moved towards extending the right under Article 12(4) to non-nationals. Its latest case law appears to have supported the Committee’s position that Article 12(4) is applicable to non-nationals. Central to both majority and minority decisions in which the Committee has dealt with Article 12(4), is whether the travaux préparatoires of Article 12(4) support either view. This article relies on the travaux préparatoires of Article 12(4) to argue that it does not support the view that Article 12(4) is applicable to non-nationals.

scholarly journals Turning the Tide on Violence against Women in Politics: How Are We Measuring Up?

2018 ◽  
Vol 14 (4) ◽  
pp. 695-701 ◽  
Author(s):  
Julie Ballington
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Public Life ◽  
Women In Politics ◽  
Political Rights ◽  
Gender Based Violence ◽  
Psychological Harm ◽  
Gender Based ◽  
The Right ◽  
Human Rights Violation

Violence against women in politics (VAWP) is a human rights violation, as it prevents the realization of political rights. Violence against women in political and public life can be understood as “any act or threat of gender-based violence, resulting in physical, sexual, psychological harm or suffering to women, that prevents them from exercising and realizing their political rights, whether in public or private spaces, including the right to vote and hold public office, to vote in secret and to freely campaign, to associate and assemble, and to enjoy freedom of opinion and expression” (UN Women/UNDP 2017, 20).

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals The Statist Approach to the Philosophy of Immigration and the Problem of Statelessness

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Stephen E Mathis
Keyword(s):  
Human Rights ◽  
Immigration Policies ◽  
The Core ◽  
The Right

The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

How to Think about Advocacy

2020 ◽  
pp. 34-56
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
Alternative Model ◽  
Political Rights ◽  
Right To Food ◽  
Civil And Political Rights ◽  
Set Up ◽  
The Right ◽  
Spiral Model

This chapter focuses on contemporary international anti-hunger advocacy, which describes the nature of contemporary campaigns across top international anti-hunger organizations. It introduces dominant human rights models, namely Margaret E. Keck and Kathryn Sikkink's “boomerang model” and Thomas Risse, Stephen C. Ropp, and Kathryn Sikkink's “spiral model.” It also provides an alternative model of advocacy, the “buckshot model,” which describes and explains advocacy around hunger and the right to food. The chapter identifies the hidden assumptions behind dominant human rights models and explores their limitations by using the hunger case to set up a contrast with more-often-studied civil and political rights campaigns. It reviews interviews with international anti-hunger activists that were completed by 2015, which reflected contemporary campaigns and efforts until 2014.

The Interests Protected by the Right to Security of Person

2019 ◽  
pp. 103-122
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
South African ◽  
Capabilities Approach ◽  
European Convention ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Economic Rights ◽  
Canadian Charter ◽  
The Right

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.

Socio-Economic Rights and Their Implementation: The Impact of Domestic and International Instruments

2004 ◽  
Vol 32 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Gerhard Erasmus
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Personal Liberty ◽  
Legal Remedy ◽  
Basic Quality ◽  
Civil And Political Rights ◽  
The Right ◽  
International Instruments ◽  
The Impact

Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the violation of such rights have a legal remedy. Individual freedom is a primary value underpinning civil and political rights.

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