scholarly journals Fundamental Human Rights of Women: Islamic Panacea for Rights Abuses

2019 ◽  
Vol 4 (1) ◽  
pp. 99-116
Author(s):  
Rafatu Abdul Hamid
Keyword(s):  
Human Rights ◽  
Sources Of Information ◽  
Human Right ◽  
Secondary Sources ◽  
Human Rights Abuse ◽  
Women Trafficking ◽  
Set Up ◽  
The Right ◽  
Effective Use ◽  
Abuse Of Women

Fundamental human rights provisions had continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. In addition, there had been a rise in the activities of human right groups in Nigeria in order to ensure the protection of fundamental human rights of all people. Despite all these, women fundamental human rights abuse was on the increase in Nigeria. The case of domestic violence, kidnapping, sexual harassment, women trafficking, killings, denial of the right to Education etc, are common occurrences. These abuses among others are responsible for physical and psychological underdevelopment of women and girl child which in turn affects their input in the development of their nation. It is against this backdrop that this paper examines two abuses of women fundamental human rights: abuse of right to life and education. The paper also discusses the instrumentality of effective use of the Islamic panacea in tackling the abuse of women fundamental human rights in Nigeria. The study relied on primary and secondary sources of information. It concludes by recommending that, for the full observance of human rights, an international control must be set up to supervise enforcement, as well as the education of the women and society in general.

scholarly journals RIGHT TO INFORMATION: COMMUNICATIVE FREEDOM, SCOPE OF CONSTITUTIONAL PROTECTION, GROUNDS FOR RESTRICTIONS

2021 ◽  
pp. 44-49
Author(s):  
M. Kravchenko
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Constitutional Court ◽  
Sources Of Information ◽  
Human Right ◽  
Constitutional Protection ◽  
Wide Range ◽  
Right To Information ◽  
The Right ◽  
Structural Methods

The article is devoted to determining the place of the right to information in the system of communicative freedoms, specifying the scope of constitutional protection and clarifying the criteria for its restriction. During the research a wide range of general scientific and special-legal methods of scientific knowledge was used, in particular: logical, historical, comparative-legal and system-structural methods of research. The analysis of domestic and German legal literature on the right to information was important for achieving the goal of the study. The study of the decisions of the Constitutional Court of Ukraine and the decisions of the Federal Constitutional Court of Germany devoted to the interpretation of this fundamental human right was of particular cognitive importance. As a result of the study, the author states that the right to information belongs to the system of communicative freedoms. As a separate communicative freedom, it actively interacts with other freedoms, such as freedom of expression, freedom of the press, freedom of cinema, and so on. At the same time, the right to information is subordinated to the general goal of communicative freedoms – to be an instrument of communication of an individual with society, a real opportunity to express and convey his views, beliefs and opinions to other individuals. The right to information protects access to public information not by a particular group of individuals, but by the corresponding right of each individual. In addition, this right should not be construed as a right to restrict access to certain information. Given this, the scope of protection of the right to information is to protect the right of everyone to access information that is in publicly available sources of information. Such information is the source for forming the views and beliefs of individuals. The appropriate approach should be reflected in the following interpretative acts of the Constitutional Court of Ukraine on the interpretation of the right to information. This fundamental human right may be restricted. However, such interference in the exercise of this right of individuals should not turn into its complete leveling, turning it into fiction. Therefore, along with the purely normative grounds for restricting the right to information, additional criteria are defined according to which each individual case of restriction of this right of individuals must be assessed. Keywords: information, communication freedom, human rights, sphere of protection, restriction of human rights

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.

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.

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 Speed Traps and the Right of Silence

2011 ◽  
Vol 9 (1) ◽  
pp. 165-176 ◽  
Author(s):  
Dennis Kurzon
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Regulatory Regime ◽  
Human Right ◽  
Written Texts ◽  
European Court ◽  
Statutory Requirement ◽  
The Right ◽  
Right Of Silence

In two English cases which reached the European Court of Human Rights in the mid-2000s, it was argued that the statutory requirement on the part of a motorist who has been caught speeding to give the police information concerning the identity of the driver of the car at the time of the offence is a violation of the right of silence by which a person should not be put into a position that s/he incriminates him/herself. The right of silence is one of the conventional interpretations of Article 6 of the European Convention on Human Rights. As well as a study on the right of silence with regard to written texts, this paper also investigates the two cases in terms of icons and indices: a text may be indexical of a basic human right, and then may become an icon of that right. The European Court of Human Rights considers the particular section of the relevant statute as an icon of the "regulatory regime".

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 The Human Right to Political Participation

2017 ◽  
Vol 7 (2) ◽  
pp. 1-17 ◽  
Author(s):  
Fabienne Peter
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
Political Legitimacy ◽  
Legal Philosophy ◽  
Human Right ◽  
Political Conception ◽  
Recent Developments ◽  
The Right ◽  
Governance Processes ◽  
Central Claim

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights that do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm.

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

scholarly journals Collective Action Right as a Basic Human Right

2017 ◽  
Vol 6 (s2) ◽  
pp. 9-17
Author(s):  
Pir Ali Kaya ◽  
Ceyhun Güler
Keyword(s):  
Human Rights ◽  
Collective Action ◽  
Resistance Mechanism ◽  
European Convention ◽  
Social Rights ◽  
Human Right ◽  
Political Field ◽  
European Court ◽  
Social Interests ◽  
The Right

Abstract According to The European Social Charter, the European Convention on Human Rights, the ILO Conventions, the decisions of the European Court of Human Rights, the decisions of the European Social Rights Committee and the ILO supervisory bodies, the right to collective action is a democratic right that aims to protect and correct the economic and social interests of workers in the workplace or in another place appropriate for the purpose of action. The above-mentioned institutions accept the right to collective action as a fundamental human right. According to the decisions of the European Court of Human Rights, the right to collective action is regarded as a democratic right, including strike. In particular, the right to collective action is being used as a resistance mechanism against new working relations, which are imposed on working conditions, right to work and the right to organize. However, the tendency of this right to political field, leads to some debate about the legality of the right to collective action. In this context, In the decision of the European Court of Human Rights, the ILO's supervisory bodies and the European Committee on Social Rights, it is emphasized that collective action rights should be a basic human right. In this study, the legal basis of the right to collective action will be discussed in accordance with the decisions and requirements of the European Court of Human Rights and the decisions of the ILO supervisory bodies.

scholarly journals How to uphold a Human Right in the World and Indonesia? A Book Review Hukum Hak Asasi Manusia, Rahayu Hartini, Badan Penerbit Universitas Diponegoro, Semarang, 2015, 408 Pages, ISBN 978-979-70490-6-5

2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar
Keyword(s):  
Human Rights ◽  
Class Group ◽  
Law Students ◽  
Human Beings ◽  
Human Rights Law ◽  
Human Right ◽  
The Public ◽  
The World ◽  
The Right

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.

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