Conclusion

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Human Right ◽  
Right To Food ◽  
Policy Makers ◽  
Political Role ◽  
The Third ◽  
Current Context ◽  
Food Provision ◽  
Definition Of ◽  
The Uk ◽  
The Right

Chapter 8 focuses on the consequences of the rise of emergency food provision for the progressive realisation of the human right to food in the UK. The chapter discusses the opportunities that the right to food approach provides and its appropriateness in the current context and sets out three key conclusions. The first is that there is a need to challenge minimalist approaches to the definition of food insecurity, ways in which responses are framed and solutions understood. The second conclusion relates to the importance of rights-based policies to move us forward from the current situation, where the findings suggest there is an increasing reliance on emergency food provision in the context of a retrenched welfare state. The third conclusion relates to the important social and political role emergency food charities could have in the realisation of the right to food. The conclusion chapter ends with recommendations for a range of stakeholders including emergency food charities, policy makers, NGOs, the food industry, communities and individuals and researchers.

Theories of the food insecurity ‘problem’ and the right to food ‘solution’

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Food Insecurity ◽  
Food Systems ◽  
Social Protection ◽  
Social Acceptability ◽  
Human Right ◽  
Right To Food ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Sufficient Food

Chapter 3 sets out the key theories with which the book engages: food insecurity and the human right to food. Following on from a conceptualisation and definition of food insecurity, the right to food is introduced. Emphasis is placed on normative element of ‘adequacy and sustainability of food availability and access’ and on the state’s obligation to ‘respect, protect and fulfil the right to food’. Theories of ‘othering’ and ‘agency’ are employed to assess the social acceptability of emergency food systems as a means of acquiring food, and the power of providers to make sufficient food available through these systems and of potential recipients to access it. Theories of ‘care’ and ‘social protection’ are employed to explore the ways in which charitable providers are in practice taking responsibility for the duty to respect, protect and fulfil the right to food and how shifts in welfare policy are affecting need for this provision.

Hungry Britain

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Food Industry ◽  
Food Banks ◽  
Human Right ◽  
Right To Food ◽  
Effective Policy ◽  
The Uk ◽  
Food Charity ◽  
The Right ◽  
Human Right To Food ◽  
The Welfare State

Drawing on empirical research with the UK’s two largest charitable food organisations, this book explores the prolific rise of food charity over the last 15 years and its implications for overcoming food insecurity. As the welfare state withdraws, leaving food banks to protect the most vulnerable, the author questions the sustainability of this system and asks where responsibility lies – in practice and in theory – for ensuring everyone can realise their human right to food. The book argues that effective, policy-driven solutions require a clear rights-based framework, which enables a range of actors including the state, charities and the food industry to work together towards, and be held accountable for, the progressive realisation of the right to food for all in the UK.

Food charity as caring

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Care Ethics ◽  
Political Engagement ◽  
Human Right ◽  
Right To Food ◽  
Collective Voice ◽  
Mixed Feelings ◽  
Food Provision ◽  
Food Charity ◽  
The Right ◽  
The Impact

Chapter 6 looks at where charitable emergency food provision fits into responsibilities to respect, protect and fulfil the human right to food. It employs a theory of care ethics to explore the nature of need for emergency food provision and how providers define success within these systems. Whilst need and success are often spoken of in immediate terms (crisis and meeting immediate need) this in fact belies the more nuanced appreciation organisations have for the complex circumstances which underpin need for emergency food and how they understand the impact of their projects on recipients’ lives. The chapter goes on to discuss the ways in which emergency food providers are assuming responsibility for caring for the hungry with mixed feelings. It places these findings within the context of care ethics approaches which see care as structural and public and discusses how these endeavours could be interpreted as privatised care, fitting within wider neo-liberal shifts. The chapter concludes that in line with care ethics approaches, the right to food framework indicates that there might be a particular role for emergency food providers, in relation to political engagement and utilising the power of their collective voice.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Religious freedom and the ‘right to discriminate’ in the school admissions context: a neo-republican critique

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 615-643 ◽  
Author(s):  
Eoin Daly ◽  
Tom Hickey
Keyword(s):  
Public Education ◽  
Religious Freedom ◽  
Religious Discrimination ◽  
Religious Schools ◽  
The Public ◽  
Definition Of ◽  
The Uk ◽  
The Right ◽  
Republican Theory ◽  
Faith Schools

In law and discourse, it has typically been assumed that the religious freedom of state-funded religious schools must trump any competing right to non-discrimination on grounds of belief. For example, the Irish Constitution has been interpreted as requiring the broad exemption of denominational schools from the statutory prohibition on religious discrimination in school admissions. This stance is mirrored in the UK Equality Act 2010. Thus, religious discrimination in the public education context has been rationalised with reference to a ‘liberty-equality dichotomy’, which prioritises the integrity of faith schools' ‘ethos’, as an imperative of religious freedom. We argue that this familiar conceptual dichotomy generates a novel set of absurdities in this peculiar context. We suggest that the construction of religious freedom and non-discrimination as separate and antagonistic values rests on a conceptually flawed definition of religious freedom itself, which overlooks the necessary dependence of religious freedom on non-discrimination. Furthermore, it overstates the necessity, to religious freedom, of religious schools' ‘right to discriminate’. We argue for an alternative ordering of the values of religious freedom and non-discrimination – which we locate within the neo-republican theory of freedom as non-domination.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

From an emic perspective: Exploring consent in forced marriage law

2017 ◽  
Vol 51 (2) ◽  
pp. 258-274 ◽  
Author(s):  
Helen Sowey
Keyword(s):  
Service Providers ◽  
Social Contexts ◽  
Criminal Prosecution ◽  
Primary Research ◽  
Marriage Law ◽  
Forced Marriage ◽  
Policy Makers ◽  
Definition Of ◽  
Emic Perspective ◽  
The Uk

Forced marriage was criminalised in Australia in March 2013, putting the issue on the agenda of policy-makers and social service providers. Increasingly, however, it is being recognised that criminal laws alone cannot address the practice; protective and preventative strategies are also needed. This paper argues that strategies to address forced marriage will be most effective if they are informed by contextualised and emic understandings of the phenomenon, that is, by the perspectives of individuals, families and communities who are directly affected by forced marriage. Primary research is required to obtain such perspectives. Research into forced marriage in Australia is still in its infancy, and primary research is almost non-existent. This paper, then, looks to primary research from the UK and other comparable Western multicultural nations, offering a critique of this body of literature before drawing out what is revealed about why marriages are forced, how marriages are forced, and what people in forced marriage situations want. The implications of criminal prosecution are then considered in light of this emic understanding. The legal definition of forced marriage hinges on the concept of consent: it is consent that distinguishes an arranged marriage from a forced one. In the UK, the notion of consent has been robustly problematised. However this is not the case in Australia at present, and this paper critiques the value of the concept of consent given the social contexts of forced marriage described above. The implications of this critique for the application of Australia’s forced marriage law are then considered. Finally, from a place of contextualised and emic understanding of forced marriage, this paper considers how protective and preventative strategies might be enhanced.

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

The Politics of Chronic Hunger

2020 ◽  
pp. 1-12
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
Alternative Model ◽  
Human Right ◽  
Right To Food ◽  
The Right ◽  
Human Right To Food

This chapter focuses on one case of an economic and social right, the right to food. It mentions the development of an alternative model of advocacy, called the buckshot model, which explains the trajectories of campaigns in terms of the right to food. It also discusses international anti-hunger activism, which cites the fore advocacy surrounding the human right to food. The chapter emphasizes how the fulfillment of other human rights is either impossible or substantively meaningless without the realization of the right to food. It points out that more people die from hunger and related causes globally than in all wars, civil and international, combined.

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