scholarly journals LEGAL PERSPECTIVES ON SOCIO-ECONOMIC STATUS OF WOMEN IN AZAD JAMMU AND KASHMIR

2018 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Sardar M.A. Waqar Khan Arif

This article focuses on legal perspectives of women’s social and economic status in Azad Jammu and Kashmir (AJK). The bulk of international human rights  instruments provide that human rights are available to ‘everyone’ as grounded in Universal Declaration of human rights (UDHR), (1948) and other human rights instruments. In relation to women, economic, social and cultural (ESC) rights are specifically grounded in UDHR, Women’s Convention and the International Covenant of Economic, social and cultural rights (ICESCR), (1966). In this context, this paper analyses relevant provisions of women’s rights in order to highlight obligations of AJK pertaining to protection of ESC rights. It discusses the ESC status of women with linkage to Millennium development goals (MDGs). It aims to discuss that what are socio-economic conditions of women in AJK? Is there any pattern of vulner-ability in this respect? In general, ESC rights are considered as mere aspirations and goals therefore the Maastricht guidelines are also formulated. The argument developed throughout article is that though AJK is not a State but is state-like entity and has its human rights obligations, in particular, ESC obligations for promotion and protection of women. The women in AJK are vulnerable and may be empowered by promotion of ESC rights. Keywords: ESC rights, women in AJK, human rights  

Author(s):  
Giovanni Farese

Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights mechanisms such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also discusses contemporary attempts by NGOs and other campaigning organisations to develop internationally agreed sustainable development goals (SDGs) and to promote the recognition and realisation of universal socio-economic rights globally.


2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.


Author(s):  
Ronald Labonté ◽  
Arne Ruckert

A long-standing and fundamental facet of global governance for health has been the development of an international human rights framework. Arising from the aftermath of World War II, human rights are comprised of several different covenants that constitute international law, albeit lacking in international enforcement measures. When these rights are instantiated within national laws or constitutions, however, they become justiciable within a country’s legal system. There are also global bodies responsible for oversight of their implementation. Their strength, as with that of the Sustainable Development Goals’ Agenda 2030, may rest more on their normative force—how the world’s people imperfectly expressed through their governments believe the world should work and look like. Given a growing illiberal temper in the emerging post-truth world, whether the norms embedded in human rights law can rise to the challenge of ‘taming’ globalization’s neoliberal underpinnings is a pivotal question still awaiting a firm answer.


Author(s):  
Julie Ringelheim

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.


2005 ◽  
Vol 57 ◽  
pp. 229-251 ◽  
Author(s):  
Sabina Alkire

How should actions to redress absolute human deprivation be framed?1 Current international coordinated actions on absolute poverty are framed by human rights or by goals such as the Millennium Development Goals. But appropriate, effective and sustained responses to needs require localized participation in the definition of those rights/goals/needs and in measures taken to redress them. Human rights or the MDGs do not seem necessarily to require such processes. For this reason some argue that no universal framework can describe economic, social, or cultural rights. Yet to address absolute poverty purely from the local perspective still requires the identification and prioritization of capabilities or needs, and often requires actions by greater-thanlocal institutions, so in practical terms a framework is not rejected without cost. This paper argues that the identification and prioritisation of rights or MDGs can and should be done at an international level, but that they might be framed as capabilities, and that far greater attention need be given to the iterative specification of these rights, and to the ongoing protection of certain agency freedoms. The paper explores how Wiggins' account of need can fruitfully inform the specification of needs claims. It also draws significantly on Sen's work to identify the intrinsic importance of process and opportunity freedoms, and to identify how these can relate to universal priorities.


2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.


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