The right to housing

2020 ◽  
pp. 209-222
Author(s):  
Dessie Donnelly ◽  
Joe Finnerty ◽  
Cathal O’Connell
Keyword(s):  
Human Rights ◽  
Human Right ◽  
International Human Rights ◽  
Group Participation ◽  
Cultural Rights ◽  
Housing Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Based Approach

This chapter describes the human rights-based approach to housing and analyses it from a critical social policy perspective. The first section outlines the importance of housing as a human right, the second explores the distinctiveness of housing and a third section provides a case study of a community advocacy group, Participation and the Practice of Rights (PPR), using international human rights instruments such as the UN International Covenant for Economic Social and Cultural Rights (ICESCR) to promote housing rights. Finally, the prospects and limits of a human rights-based approach to housing are discussed.

14. Cultural rights

2017 ◽  
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
Scientific Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Material Interests ◽  
International Human ◽  
The Right

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures

2018 ◽  
Author(s):  
d’Argent Pierre ◽  
de Ghellinck Isabelle
Keyword(s):  
Human Rights ◽  
Theoretical Framework ◽  
Historical Background ◽  
International Level ◽  
Human Right ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Procedural Aspect

Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

scholarly journals The Right of Self-Determination: Its Emergence, Development, and Controversy

2016 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

This paper discusses the right of self-determinationfrom  international  law  and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

The right to education

2020 ◽  
pp. 181-194
Author(s):  
Benjamin Mallon
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Human Right ◽  
Right To Education ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Diverse World ◽  
International Human ◽  
The Right ◽  
Different Levels

Chapter 14 critically analyses the idea of education as a universal human right. It outlines existing international human rights mechanisms relevant to education as a right and critically assesses their ability to make that right a reality in a diverse world with different levels of ‘peace’, stability, conflict, cultural and socio-economic contexts. While recognising that the right to education includes all people regardless of age, the chapter mainly focuses on education as a right for children and, in particular, how the right to education for children in developing countries can be affected by violent conflict. In this regard, the work of UNESCO and the influence of Convention on the Rights of the Child (CRC) are assessed along with a range of other rights mechanisms.

The Limits of Law

2020 ◽  
pp. 109-130
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
The Right

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

scholarly journals U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966

2021 ◽  
Vol 5 (1) ◽  
pp. 46-56
Author(s):  
Aisha Jadoon ◽  
Ali Asghar Chusti
Keyword(s):  
Human Rights ◽  
Analytical Study ◽  
Freedom Of Expression ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Human ◽  
The Right

The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.

scholarly journals Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic)

2021 ◽  
Vol 15 (1) ◽  
pp. 195-226
Author(s):  
Aron Degol ◽  
Bebizuh Mulugeta
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Adverse Impact ◽  
Court Cases ◽  
Human Right ◽  
International Human Rights ◽  
Peace And Security ◽  
International Human ◽  
The Right

Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted.  The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.

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