scholarly journals The Right To Appeal For The Social Insurance As A Human And Constitutional Right

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 131-138
Author(s):  
Mirela Selita
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Social Insurance ◽  
Access To Justice ◽  
Human Right ◽  
United Nations General ◽  
The Social ◽  
Magna Carta ◽  
The Right ◽  
The Way

Abstract Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, specially the article 6. Magna Carat demonstrated the limitations from the arbitrarily. Magna Carat is a foundation of the powers of Parliament and the legal principles, as the rule of law, the rule that everybody has equality before the law. It promised the access to justice. In that respect Magna Carta is still a challenge for many states and officials. The myth of Magna Carta is the protection of the personal rights and is held in great respect by the legal communities against the arbitrary of the authority In respect of the aim of this international conference to see the way how these principles have found their implementation in contemporary legislations as well as to identify the problems that occur regarding these rights, an overview of the Albanian right to appeal for the social insurance rights. The right to appeal to higher authorities against any decisions and the judicial review against the unfavorably resolved appeals.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

Protection of the right to social security of the migrant worker in international law

2021 ◽  
Vol 8 (2) ◽  
pp. 104-148
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Social Security ◽  
International Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Human Right ◽  
Number Of Factors ◽  
The Social ◽  
Domestic Legislation ◽  
The Right ◽  
International Instruments

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

The Human Right to Land, for Peasants and for All: Tracing the Social Function of Property to 1948

2020 ◽  
Vol 20 (3) ◽  
pp. 433-452
Author(s):  
Corina Heri
Keyword(s):  
Human Rights ◽  
Social Function ◽  
International Human Rights Law ◽  
Human Right ◽  
Present Contribution ◽  
Collective Ownership ◽  
The Social ◽  
The Right ◽  
Implementation Gaps ◽  
Made In

ABSTRACT In 1948, Article 17 of the Universal Declaration of Human Rights (UDHR) pioneered a right to (individual and collective) ownership of property. Today, the right to property—specifically the social function of property, which was a mainstay of the discussions—can be linked to the idea of a human right to land, which has been particularly prevalent in the discourse concerning the creation of human rights protections specific to peasants. The peasant rights process highlights a number of normative and implementation gaps in international human rights law, including relating to land use and tenure. The present contribution will argue that the claims made in this context are neither new nor niche but relate to universal human rights entitlements and have existed at least since the drafting of the UDHR. They are not only an iteration of an age-old class struggle but are at the forefront of a contemporary critique of the existing international legal system as a whole. While existing human rights, including the right to property, can be part of a response to these critiques, however, neither peasant rights nor the activists who promote them can be expected to resolve them alone.

scholarly journals Resisting Biopolitics

2018 ◽  
Vol 43 (1) ◽  
pp. 35-53 ◽  
Author(s):  
Ville Suuronen
Keyword(s):  
Human Rights ◽  
Political Action ◽  
Private Life ◽  
Human Condition ◽  
Political Rights ◽  
Political Debate ◽  
Human Right ◽  
The Social ◽  
Technological Intervention ◽  
The Right

Hannah Arendt’s support for the “right to have rights” arises as a critical response to the modern biopolitical human condition. While Arendt’s reflections on human rights have received broad recognition, the question concerning the economic preconditions of citizenship in her work remains an unduly neglected subject. This article takes up this issue and argues that, for Arendt, the fulfillment of basic social rights is the sine qua non without which the fulfillment of political rights is impossible. Thinking with and against Arendt, I show that her famous distinction between the private, the social, and the political can be fruitfully reinterpreted as an argument for basic income. When Arendt’s reflections on human rights are read in the light of her ideas concerning technology and automation, she no longer appears as a theorist who ignores social justice, but as a thinker who seeks to counter the modern biopolitical human condition and open up new realms for democratic political action. Instead of ignoring social questions, Arendt argues that with the help of technology, we can strive to politicize fundamental social questions in a way that they would achieve a self-evident stature as human rights, and as fundamental human rights, rise above political debate, even though we would remain conscious of their political origins. Arendt does not simply exclude “the social questions” from politics but argues that this is what all technologically developed societies can strive to do. In Arendt’s futuristic vision, the private life of citizens will be politicized through technological intervention: ancient slaves will be replaced by machines. By comparing Arendt with Foucault and Agamben, I maintain that a critical reading of her work can provide us with a pathway toward understanding the right to life’s basic necessities, to zoe, as a future human right.

The citizen as mere human: Litigating denationalization in post-9/11 UK

2020 ◽  
pp. 146349962093135 ◽  
Author(s):  
Caylee Hong
Keyword(s):  
Human Rights ◽  
The Political ◽  
Human Right ◽  
Spatial Control ◽  
Political Subject ◽  
The Social ◽  
National Citizenship ◽  
Narrow Definition ◽  
Definition Of ◽  
The Right

Since the publication of The Origins of Totalitarianism in 1951, Hannah Arendt’s phrase the ‘right to have rights’ and her claim that having rights depends on belonging to and being recognized by ‘some kind of organized community’ have become key provocations on citizenship, statelessness and human rights. Arendt, however, has been criticized as perpetuating a state-centric framework that scholars and activists alike have sought to reimagine. In particular, the French political theorist Jacques Rancière argues that Arendt’s ‘right to have rights’ formula is based on an artificial distinction between the social and the political, which creates an overly narrow definition of the political subject. This article contends that in the post-9/11 era, the distinction, often attributed to Arendt, between ‘Man’ and ‘Citizen’ is increasingly blurred; yet it suggests that this blurring does not necessarily offer any emancipatory potential. It argues that while national citizenship is still meaningful, being a citizen may not be so different from being a mere human in certain contexts. The article examines three sets of cases shaping the United Kingdom’s ‘regime of nationality deprivation’ in which people are stripped of their UK citizenship for terrorism-related offences: Al-Jedda (2013), Pham (2015, 2018) and K2 (2015). First, it explores the tensions in the regime’s attempt to reconcile a fundamental inconsistency between the recognition of the human right to nationality and the sovereignty of the state to define the citizen; and second, it considers the regime’s spatial control of the denationalization process whereby denationalization orders are commonly issued and thus also contested when the targeted citizen is outside the UK’s jurisdiction.

Social Security and the European Convention on Human Rights: How an Odd Couple Has Become Presentable

2007 ◽  
Vol 9 (3) ◽  
pp. 221-241 ◽  
Author(s):  
Klaus Kapuy
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Social Insurance ◽  
General Rule ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Rights ◽  
Cash Benefits ◽  
The Right

For more than twenty years now, the European Convention on Human Rights has been used to solve disputes in social security. This is peculiar since the Convention itself and its Protocols primarily comprise civil and political rights and do not include a right to social security. This article analyses the supervisory bodies' case law to establish how national disputes over contributions or cash-benefits under statutory social insurance and social assistance scheme have attracted the protection of the Convention. It also provides an overview of the types of social security cases which today fall within the ambit of particular rights guaranteed by the Convention. It concludes that the right to a fair trial (Article 6(1)) and the protection of property (Article 1 of the First Protocol to the Convention) are, as a general rule, applicable in the field of social security. By contrast, the protection of family life and the protection of private life (Article 8) have, in social security matters only, only been accepted as applicable in the context of particular branches of social security or in relation to particular groups of beneficiaries.

scholarly journals The right of access to a court in Ukraine in the light of the requirements of the Convention on Protection human rights and fundamental freedoms

2021 ◽  
Vol 4 (1) ◽  
pp. 186-198
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Public Confidence ◽  
Access To Justice ◽  
Human Right ◽  
Legal Provisions ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Right

This note considers the national legal provisions that regulate the procedure and features of a person’s appeal to the court to protect their rights. Taking into account the provisions of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) regarding the right to a fair trial and the case-law of the European Court of Human Rights (ECtHR) on its interpretation, key threats to the effective exercise of access to justice in Ukraine have been identified. The problem of the inconsistency of the system of local general courts with the new administrative-territorial structure at the district level is highlighted. It is demonstrated how the lack of clear and understandable criteria for distinguishing the subject matter jurisdiction of cases affects the ensuring of the human right to an effective court. Particular attention is paid to the staffing of the judiciary and the low level of public confidence in the judiciary. The authors have analysed the validity of the application of such procedural restrictions as the court fee for filing a lawsuit and the classification of ‘insignificant cases’, which are impossible to appeal. On this basis, it is concluded that the existence of such restrictions on access to court cannot be considered a violation of the right to a fair trial if such restrictions are justified and proportionate to the lawful purpose of their establishment and do not violate the essence of this right. The features of the introduction in Ukraine of a lawyer’s monopoly on the representation of another person in court, as well as the practice of the ECtHR regarding the possibility of recognising such restrictions as a violation of the right to a fair trial, are analysed. Legislative initiatives to improve the motivation of decisions by the courts are highlighted. It was concluded that the provisions aimed at forming a more responsible attitude of judges to the consideration of cases and making reasoned decisions, as well as solving the problem of excessive load on judges, are a prerequisite for ensuring the right to a fair trial. Keywords: human rights and responsibilities, fair trial, access to justice, case-law of the European Court of Human Rights, procedural restrictions, court jurisdiction, proportionality, legal purpose, court fees, lawyer monopoly.

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