scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
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.

The Right to Stay as a Control Right

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 ◽  
The 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.

scholarly journals Religious freedom as a universal value

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 Right

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.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

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.

scholarly journals Realization of the Right to Education

2018 ◽  
Vol 1 (1) ◽  
pp. 3-39
Author(s):  
Enock Akattu
Keyword(s):  
Human Rights ◽  
Bill Of Rights ◽  
Minimum Level ◽  
Human Right ◽  
Right To Education ◽  
Level Of Education ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
The Right ◽  
To Receive

This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya

scholarly journals A Human Right Approach of Right to Health During Pandemic

2021 ◽  
pp. 176-179
Author(s):  
Dr. Prakruthi A R
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Human Dignity ◽  
Scientific Evidence ◽  
Good Health ◽  
Human Rights Law ◽  
Human Right ◽  
Effective Response ◽  
Freedom Of Movement ◽  
The Right

The right to live isn’t the absence of death; it’s living a life with good health and human dignity.’ Human rights are fundamentally linked to global health in the context of the COVID-19 pandemic. Human rights law guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. The language and principles of human rights relate to the rights that support the survival and basic wellbeing of communities and individuals, including their rights to life, health and an adequate standard of living. Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening the life of the Nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective. The scale and severity of the COVID-19 pandemic clearly rises to the level of a public health threat that could justify restrictions on certain rights, such as those that result from the imposition of quarantine or isolation limiting freedom of movement. At the same time, careful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response amidst the turmoil and disruption that inevitably results in times of crisis and limit the harms that can come from the imposition of overly broad measures that do not meet the criteria.

Dignity

2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Medical Treatment ◽  
Capital Punishment ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Human Right ◽  
Per Se ◽  
The Right

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,

The right to education as a fundamental human right

2017 ◽  
Vol 7 (4) ◽  
pp. 158-166
Author(s):  
Emine Zendeli
Keyword(s):  
Human Rights ◽  
Educational Institutions ◽  
Human Right ◽  
Right To Education ◽  
Cultural Rights ◽  
Full Development ◽  
Specific Category ◽  
The Republic ◽  
The Right ◽  
Keywords Education

The right to education is a fundamental human right proclaimed by Articles 13 and 14 of the United Nations International Covenant on Economic, Social and Cultural Rights (1966). Ratifying this document, state parties fully agree ‘that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms’. The right to education is considered as a fundamental human right in a series of other 20th century international documents, which guarantee and protect this right for everyone, irrespective of race, colour, religion, gender, social status, etc. This paper aims to respond to questions on the observance of this right and whether it has been limited. The research is based on international documents that regulate this specific category, as well as on the respective legislation and practice within educational institutions in the Republic of Macedonia. Keywords: Education, fundamental human rights, covenant, law.  

Human Rights And Slum Dwellers

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 2049-2053
Author(s):  
Ashwani Kumar
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Human Right ◽  
Right To Education ◽  
Education And Health ◽  
Slum Dwellers ◽  
People Participation ◽  
The Right ◽  
Modern Form ◽  
Democratic Country

Human rights are the basis of democracy. India is the largest democratic country in the world the success of democracy depend upon people participation in political system. Therefore it is necessary that all people should have basic human rights in real sense. Modern form of state has become welfare and the aim of state is man. So it becomes essential that every section of society need to get fundamental rights. Slum population in India is very large and being citizens of India they have a fundamental rights to get every facility that  led to achieve right to life. Slums have variety of problems they are indicator of poverty, the right to education, standard of living, privacy property are violated. this paper covers some issues of human right violation in slum populations. Human right violation is widespread and systematic in slum people living in India. Denied their rights to adequate water, sanitation, quality education and health. The purpose of this study to see how human right is being violated in many forms among slum dwellers. Eviction and resettlement policies have removed the slums residents from job, transportation, school and food. This leading to greater insecurity, health problem, unemployment, child labour & violence among slum dwellers. Keywords: Slums, Slum dwellers, Human Rights

scholarly journals HUMAN DIGNITY THROUGH THE PRISM OF THE GERMAN LEGAL DOCTRINE

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.

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