scholarly journals Relatório Macbride: Releitura à luz de ameaças ao direito à comunicação nas plataformas digitais.

2021 ◽  
pp. 62-78
Author(s):  
Lilian Bartira Santos Silva ◽  
◽  
Carla Azevedo de Aragão ◽  
Nelson De Luca Pretto
Keyword(s):  
Latin American ◽  
Open Architecture ◽  
Digital Networks ◽  
Human Right ◽  
Digital Platforms ◽  
Digital Network ◽  
The Face ◽  
The Right ◽  
Communication Policies ◽  
American Authors

With the digital network environments, the possibilities for interaction and participation have expanded significantly, inaugurating a significant and decentralized shift in the production and publication of narratives. The promise of horizontalization reveals the opening of communication channels pari passu to the idealization of a narrative counterpoint in the face of the centralization of traditional media, that is, a harbinger of the promotion of the human right to communication. However, the internet, which is born under the proposal of open architecture, is soon overtaken by business conglomerates. By appropriating digital networks, the proprietary capitalist policy complexifies the scenario, posing us with a question: would we be losing the possibilities of democratizing communication in digital spaces? Therefore, this work problematizes the (im) possibilities of promoting the right to communication on digital platforms. The theoretical discussion revisits the MacBride Report, prepared 40 years ago by UNESCO, which proposes the reduction of commercial influences in the organization of communications, defends national communication policies and ratifies communication as a human right, pointing out its prognoses about the impacts of technology and its setbacks in countries considered underdeveloped, demarcating congruences with theories of communication developed by leading Latin American authors in the debate on the human right to communication: Bordenave (1989), Freire (2005), Peruzzo (2005) and Marques de Melo ( 2008) and theorists of digital sociology, among them, Lupton (2015), Selwyn (2019), Morozov (2018) and Silveira (2019).

scholarly journals Legal Challenges in the face of the Decisive Transformation of the Media

2020 ◽  
Vol 12 (2) ◽  
pp. 38-63
Author(s):  
Mireia Moreso Cantalejo
Keyword(s):  
Latin American ◽  
Business Models ◽  
New Technologies ◽  
Personal Data ◽  
Point Of View ◽  
Effective Response ◽  
Digital Platforms ◽  
The Face ◽  
Right To Information ◽  
The Right

Purpose ”“ Approach and analyze the technological industries in society, as a global society, and how it is approached from the legal point of view. This study aims to make an analysis of the social context and technological progress and determine what main legal problems arise. There is also the purpose of investigating what impact new technologies have had in the audiovisual industry globally, taking into account the emergence of new digital business models, in order to determine their legal nature. Methodology ”“ The methodology used is mainly based on the analysis of the different Laws that regulate the digital market. The approach has been directed at European claims to respond to new digital models and discover if the result has had an effective application on citizens. Findings ”“ The study sets out as objectives achieved cross-border access of audiovisual platforms in the European territorial area. Objective met in a positive way but still with many inconveniences. It is noted a clear advantage for users, but with universal challenges, such as the exploitation of audiovisual content within the Right to information. Practical Implications ”“ If the laws were more current, companies and technological industries could give a more effective response to society, while creating wealth. It also shows the comparison between a European system, more protectionist towards the user, for example, with the protection of personal data, with respect to the Latin American system law. These differences impact economically differently in each country. Originality ”“ The study detects the most fragile points, the current conflicts of the digital platforms and shows the lines to follow through public policies.

In The Face of Financialization: Cities and the Human Right to Adequate Housing

2021 ◽  
Vol 30 (1) ◽  
pp. 107-130
Author(s):  
Kaara Martinez
Keyword(s):  
Affordable Housing ◽  
The United States ◽  
Human Right ◽  
Social Good ◽  
Cultural Rights ◽  
European Court ◽  
The Social ◽  
The Face ◽  
Full Sense ◽  
The Right

The right to housing is a human right with broad but frequently overlooked implications, particularly in the urban environment. This difficulty is heightened in the context of what is known as the “financialization of housing”. Financialization involves the interconnections between global financial markets and housing, and, at the extreme, has prompted a climate in which housing is conceived less as a social good and more as a commodity. The result of the financialization turn is cities with a severe lack of affordable housing, a reality that is now a global phenomenon. This naturally leads to economic exclusions and displacements from cities, but, on a deeper level, also entails major collective consequences for the social and cultural fabric. Financialization thus threatens the right to housing in cities, particularly when the right is examined and understood in its full sense. And yet, cities have a duty to ensure the right to housing even in the face of financialization. Drawing on the jurisprudence of the Committee on Economic, Social and Cultural Rights through its individual communications procedure, the European Court of Human Rights, and domestic cases from South Africa and the United States, this paper aims to elucidate this duty of cities in the realm of housing. A substantive rather than purely procedural shape of protection for the right to housing is pushed, which deliberates the connections between housing and the wider societal context, and the implicated concerns of resources, property, and urban community. In present times, our appreciation of home as a necessary nexus of safety, comfort, and productivity has come to the fore, as have our fears around economic insecurity, forcing us to confront and closely interrogate the right to housing.

The human right to health and the struggle for recognition

2011 ◽  
Vol 38 (3) ◽  
pp. 569-588 ◽  
Author(s):  
PATRICK HAYDEN
Keyword(s):  
Health Inequalities ◽  
Political Action ◽  
Right To Health ◽  
Human Condition ◽  
World Health ◽  
Human Right ◽  
Treatment Action Campaign ◽  
The Face ◽  
The Right ◽  
Struggle For Recognition

AbstractPersistent health inequalities exist globally, affecting high-income countries and blighting the developing world. Health inequalities currently are one of the greatest challenges facing realisation of the human right to health. This article argues that the struggle for the right to health in the face of such inequalities requires embracing three critical considerations: redistribution, representation, and recognition. While the analysis of the right to health has been formulated predominantly around theories of distributive justice, I suggest that a more normatively compelling account will link the politics of economic redistribution to the politics of sociocultural recognition. A recognition approach, which views rights claims as grounded on the vulnerability of the human condition, can show how rights are emergent in political action and that the ability to claim and exercise the human right to health is contingent upon recognition of diverse sociopolitical statuses. From this perspective, there are no ‘neutral’ constructions of the rights-bearing subject and conflict between different political framings of the right to health is a consequence of the struggle for recognition. This theme is illustrated by comparing conservative, affirmative, and transformative processes of recognition in the struggle for access to essential antiretroviral medicines by South Africa's Treatment Action Campaign.

scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.

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 Tribunales superiores en Latinoamérica y su respaldo a las medidas de control de tabaco como forma de proteger el derecho humano a la salud Latin American high courts and their support for tobacco control policies as a way to protect the human right to he

2018 ◽  
pp. 95-112
Author(s):  
Juan Carballo ◽  
Gianella Severini ◽  
Luciana Severini
Keyword(s):  
Tobacco Control ◽  
Latin American ◽  
World Health ◽  
Human Right ◽  
Health States ◽  
Control Policies ◽  
High Courts ◽  
Tobacco Control Policies ◽  
Health Organization ◽  
The Right

Frente al fuerte impacto del tabaquismo en la salud pública, la obligación de los Estados de proteger el derecho humano a la salud exige la implementación de ciertas medidas de control de tabaco. En el último tiempo, altos tribunales de la región ratificaron la necesidad de avanzar en estas medidas, marcando la fuerte conexión entre los derechos humanos y las políticas de control de tabaco como mecanismo de protección de la salud y reconociendo el importante rol del Convenio Marco para el Control de Tabaco de la Organización Mundial de la Salud.   Taking into account tobacco epidemic’s impact on public health, States’ obligations to protect the right to health call for the implementation of certain tobacco control policies. In recent times, high courts from Latin America ratified the need to advance on these policies, highlighting the strong link between human rights and tobacco control policies as mechanisms for the protection of health and stressing the key role of the World Health Organization Framework Convention on Tobacco Control.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

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