The right to an affordable, secure and decent home for all

This chapter outlines the centrality of housing as a home for human dignity and wellbeing, using a social justice, human rights and psychological approach to housing. It details the impact of homelessness and housing insecurity on child and family wellbeing. It explains how and why housing is a human right in international law, including the UN definition of adequate housing, and the right to housing in European law and European countries. It details the new housing movement, The Shift and housing strategies based on human rights, key principles of a human rights-based housing strategy. It then outlines the status of right to housing in Ireland, its absence in law, and recent debates around its inclusion in the Constitution. It details the case for why the Right to Housing should be included in Irish law and the Constitution.

To the Concept of Asylum. Right or Duty of the State?

Herald of Omsk University. Series: Law ◽

10.24147/1990-5173.2020.17(4).65-74 ◽

2020 ◽

Vol 17 (4) ◽

pp. 65-74

Author(s):

Olga O. Semyonova

Keyword(s):

Human Rights ◽

Legal Framework ◽

The State ◽

International Standards ◽

Human Right ◽

Analysis And Synthesis ◽

The Status ◽

Protection Of Human Rights ◽

Definition Of ◽

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

HUMAN DIGNITY THROUGH THE PRISM OF THE GERMAN LEGAL DOCTRINE

Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies ◽

10.17721/1728-2195/2020/2.113-7 ◽

2020 ◽

pp. 33-38

Author(s):

M. Kravchenko

Keyword(s):

Human Rights ◽

Human Dignity ◽

Human Beings ◽

Human Right ◽

Legal Doctrine ◽

Dialectical Logic ◽

Wide Range ◽

Definition Of ◽

The Right ◽

Structural Methods

The article studies the right to human dignity through the prism of German legal doctrine. During the research, a wide range of general scientific and special legal methods of scientific cognition has been used, in particular: methods of dialectical logic, comparative legal and system-structural methods. The paper analyses domestic and German legal resources on the right to human dignity, in particular the works of S. von Puffendorf, I. Kant and G. Durig. As a result of the study, the author states that the German legal opinion formed the fundamental doctrine of the right to human dignity. This doctrine began in Germany, back in the Renaissance. For the first time, it was systematized in the works of a German researcher S. von Puffendorf. The article illustrates that human dignity is revealed in the German doctrine of fundamental human rights through a number of characteristics. The right to human dignity is the foundation of social value and respect for human beings. It prohibits the conversion of a person to an object in state procedures. Human dignity is not only the individual dignity, but also the dignity of a person as a species. Everyone possesses it regardless of its characteristics, achievements and social status. It also belongs to someone who cannot act reasonably because of his or her physical or mental state. They do not lose their human dignity even through "unworthy" behaviour, for example, by committing any crime. No one can be deprived of human dignity. Attention is drawn to the fact that German law does not intentionally give a definitive definition of the right to human dignity. It merely defines a comprehensive list of requirements for the protection of this fundamental human right. The reason for this is that any definition cannot guarantee the absolute protection of this human right. In other words, such a normative definition of this human right will inevitably lead to such a situation where it cannot protect the human dignity of an individual or even be the legal basis for its restriction. In this part, the German approach to the definition of the right to human dignity differs significantly from the domestic approach, since for the national science and practice of lawmaking it is quite logical to take a different approach, in particular to formulate clear and comprehensive definitions of legally significant phenomena and categories. It has been established that, according to the German doctrine of fundamental human rights, human dignity must be protected in any way within any relationship. It was found that the German Nazis had a negative influence on the German doctrine of the human dignity. This is due to the fact that the protection of human dignity was not built around what was allowed to be done, but about what was forbidden under any circumstances. Keywords: human dignity, a fundamental human right, a human rights doctrine, a state, legislation.

O’Keeffe v. Ireland: overview and analysis

Judges, politics and the Irish Constitution ◽

10.7228/manchester/9781526114556.003.0006 ◽

2017 ◽

Author(s):

James Gallen

Keyword(s):

Human Rights ◽

Sexual Abuse ◽

Tort Law ◽

European Convention ◽

Human Right ◽

Vicarious Liability ◽

European Court ◽

Effective Remedy ◽

The Right ◽

James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.

The Right to Stay as a Control Right

Oxford Studies in Political Philosophy Volume 6 ◽

10.1093/oso/9780198852636.003.0004 ◽

2020 ◽

pp. 87-117

Author(s):

Valeria Ottonelli

Keyword(s):

Human Rights ◽

Human Dignity ◽

Personal Space ◽

Control Rights ◽

Human Right ◽

Essential Condition ◽

Life Plans ◽

Control Right ◽

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to make sense of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right.

Prisoners' right to education: A philosophical survey

London Review of Education ◽

10.18546/lre.12.2.02 ◽

2014 ◽

Cited By ~ 1

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.

Religious freedom as a universal value

Релігійна Свобода ◽

10.32420/rs.2019.22-23.1658 ◽

2019 ◽

pp. 18-22

Author(s):

Natalia Kutuzova

Keyword(s):

Human Rights ◽

Human Dignity ◽

Religious Freedom ◽

Systematic Approach ◽

Personal Autonomy ◽

Freedom Of Religion ◽

Human Right ◽

Freedom Of Thought ◽

The article substantiates the universal value of religious freedom, based on the fundamental human right to freedom of religion and belief. Referring to the relevant international documents, the author reveals the content of the concept of "religious freedom" and concludes that there are two basic values at the heart of human rights: human dignity and equality. Only a systematic approach to freedom of religion in the human rights complex gives them universal value. There are two components to freedom of religion (belief): freedom of thought, conscience, and religion; the right to profess one's religion or belief. Religious freedom has both a universal and a private dimension. Being secular in nature, freedom of religion is especially evident in modern societies, which secularity and inclusivity empowers people to decide for themselves about their religiosity. The article deals with the restrictions that exist for religious freedom. Often the right to practice one's religion comes into conflict with different rights of other people. The protection of these rights must come from the principles of non-discrimination, neutrality and impartiality, respect for the right to religion, pluralism and tolerance, institutional and personal autonomy, lack of a hierarchy of human rights. The article argues that religious freedom is a universal value and right in the human rights complex.

El derecho humano a participar: Estudio del artículo 21 de la Declaración Universal de Derechos Humanos = The human right to participate: Study of article 21 of the Universal Declaration of Human Rights

UNIVERSITAS Revista de Filosofía Derecho y Política ◽

10.20318/universitas.2020.5136 ◽

2019 ◽

pp. 33

Author(s):

Jorge Castellanos Claramunt

Keyword(s):

Human Rights ◽

Political Participation ◽

International Law ◽

International Development ◽

Universal Declaration ◽

Human Right ◽

Citizenship Rights ◽

Derechos Humanos ◽

The Right ◽

RESUMEN: El derecho a la participación política se encuentra en el artículo 21 de la Declaración Universal de Derechos Humanos como un derecho humano. Este derecho ha seguido un desarrollo a nivel internacional desde una perspectiva global, así como continental, por lo que se analiza su evolución en los últimos 70 años y el impacto que ha tenido dentro del desarrollo del Derecho Internacional de los Derechos Humanos. Por último se subraya el carácter fundamental del derecho a participar así como una proyección de su desarrollo en el futuro.ABSTRACT: The right to political participation is found in article 21 of the Universal Declaration of Human Rights as a human right. This right has followed an international development from a global as well as a continental perspective, so its evolution over the last 70 years and the impact it has had on the development of the International Law of Human Rights is analyzed. Finally, the fundamental character of the right to participate is stressed, as well as a projection of its.PALABRAS CLAVE: derechos humanos, participación política, democracia, ciudadanía, derechos.KEYWORDS: human rights, political participation, democracy, citizenship, rights.

The Right to Belong and Immigration: A Feminist Pragmatist Analysis

Contemporary Pragmatism ◽

10.1163/18758185-01602007 ◽

2019 ◽

Vol 16 (2-3) ◽

pp. 268-285

Author(s):

Barbara J. Lowe

Keyword(s):

Human Rights ◽

United Nations ◽

John Dewey ◽

The Self ◽

Human Being ◽

Human Flourishing ◽

Human Right ◽

Jane Addams ◽

Definition Of ◽

The “right to belong” is a human right in two ways. First, there is the right to belong in a limited sense, i.e., to the extent necessary for individuals to secure all other human rights, such as those recognized by the United Nations Universal Declaration of Human Rights. Second, there is a deeper aspect of the right to belong, that which is necessary to flourish as a human being. To establish, first, that the right to belong in a limited sense should be a human right, I draw upon Hannah Arendt’s claim that stateless persons are without rights, as only communities can grant them. I argue that this limited level of belonging is a necessary but insufficient condition for human flourishing. Full human flourishing requires belonging on a deeper level. To articulate the nature of this deeper level of belonging I draw on Simone Weil’s definition of the “need for roots” and John Dewey and Jane Addams’ constructions of the self as social. I then show how “belonging” in a deeper sense necessarily connects with how a person is perceived and received by individuals and institutions in a community and argue that full perception by and participation in a community is necessary for humans to flourish. Thus, the right to belong imposes an ethical obligation on other members of the community to perceive undocumented immigrants as full human persons with the potential to lead flourishing lives.

The human right to water and sanitation: a new perspective for public policies

Ciência & Saúde Coletiva ◽

10.1590/1413-81232015213.20142015 ◽

2016 ◽

Vol 21 (3) ◽

pp. 661-670 ◽

Cited By ~ 8

Author(s):

Colin Brown ◽

Priscila Neves-Silva ◽

Léo Heller

Keyword(s):

Human Rights ◽

Public Policies ◽

Human Right ◽

Water And Sanitation ◽

Progressive Development ◽

United Nations General ◽

United Nations General Assembly ◽

New Perspective ◽

Definition Of ◽

Abstract The recognition of the human right to water and sanitation (HRtWS) by the United Nations General Assembly and Human Rights Council in 2010 constituted a significant political measure whose direct consequences are still being assessed. Previous to this date, the HRtWS and its link to a healthy life and adequate standard of living had been recognised in diverse legal and judicial spheres worldwide, in some cases under the pressure of the initiatives of strong social movements. However, while the HRtWS is recognised by the UN State Members, it constitutes a concept in construction that has not been approached and interpreted in consensual ways by all concerned stakeholders. The present article presents a formal definition of this right with a base in human rights regulation. It attempts to dialogue with the different existing perspectives regarding the impact of its international recognition as a human right. It then elucidates the progressive development of the HRtWS in law and jurisprudence. Finally, it considers the urgency and challenge of monitoring the HRtWS and discusses important implications for public policies.

Working for social justice: community, activism and academia

Housing Shock ◽

10.1332/policypress/9781447353898.003.0005 ◽

2020 ◽

pp. 87-106

Author(s):

Rory Hearne

Keyword(s):

Human Rights ◽

Social Justice ◽

Trade Unions ◽

Rental Housing ◽

National Policy ◽

Housing System ◽

Policy Debate ◽

Participatory Action ◽

Human Right ◽

This chapter explores the author’s housing journey, from living in private rental housing, to working with disadvantaged communities on housing and human rights, campaigning on homelessness and the right to housing, to being a publically engaged academic researching and engaging in the national policy debate on housing. It details the everyday impact of austerity on disadvantaged social housing communities and their response through a successful ‘Rights-in-action’ human right to housing campaign. It also details participatory action research with homeless families, the Participatory Action Human Rights and Capability Approach. In then discusses the role of academics, policy makers and researchers in social change, empowerment and participation in relation to social justice and housing issues. It interrogates the concept of knowledge production – who’s interest does it serve? Drawing on Freire and Gramsci the Chapter outlines five areas, for the academic researcher (and this can be applied to policy analysts and researchers, NGOs, human rights organisations, trade unions and community activists) to contribute to achieving an egalitarian, socially and environmentally just, and rights-based housing system.