Developing Countries, Environmental Challenges, Politics and Human Rights: Another Conundrum in the Quest to Deconstruct the ‘Right to Poverty’

Author(s):  
Fredrick Oduol Oduor
2014 ◽  
Vol 8 (1) ◽  
pp. 11-23
Author(s):  
Emeke Chegwe

Every society needs a set of laws which stipulates the rights and duties of citizens, aswell as regulate the conduct of the society. But law is often perceived as repressive andunpopular by majority of the urban poor in many developing countries who feel that the lawhas done little or nothing to ameliorate their sufferings. For example, new evidence fromsatellite images has revealed the true extent of forced evictions going on in Badia East-Lagos,one of Nigeria’s mega cities. The pictures taken during and after the demolitions carried outby the Lagos State government on 23rd February 2013, clearly shows that a densely populatedarea containing concrete housing and other structures was razed to the ground. Given theimportance of housing to the overall development and existence of mankind, it is necessary tofirst determine the existence of a legal right to adequate housing to warrant a demand by thecitizen to fulfil this right and in order to appreciate the need for government intervention inthis area.


Author(s):  
Ahmad Masum

The right to development is a fundamental right, the precondition of liberty, progress, justice and creativity. This right has raised many expectations and controversies over the years. Developing countries claim that the international economic and political order constitutes an obstacle to the enjoyment of the right to development for their citizens. They therefore see a need for action in the international dimension of the right to development. In their view, they are able to provide the necessary basis for the enjoyment of the right to development only if the international order becomes more conducive to the economic development of developing countries. This paper aims to examine the concept of the right to development as a ‘human right’ focusing mainly on the position of developing countries as to whether they have an obligation to work towards the realization and implementation of this right. The paper concludes that the right to development is now recognized as a ‘human right’ like other internationally accepted human rights. Thus, being a right, it entails obligations of some agents in the society, who have the power to deliver the right or adopt policies that have a high likelihood of delivering the right.  


Author(s):  
Benjamin Mallon

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.


Author(s):  
Érika Do Amaral Véras ◽  
Romulo Rhemo Palitot Braga

No Brasil, assim como em diversos países do mundo, principalmente os países em desenvolvimento, o abortamento representa um grave problema de saúde pública, justiça social e direitos humanos, tornando o aspecto penal apenas um detalhe. Este estudo pretende conceder uma visão geral sob a temática do aborto, trazendo as principais mudanças sobre o assunto ao longo do tempo e, em especial, o atual posicionamento do Poder Judiciário brasileiro. Para tanto, o método de abordagem escolhido para elaboração do presente artigo foi o dedutivo, o método de procedimento foi o histórico e a técnica de pesquisa a bibliográfica.  WOMAN AND THE RIGHT TO THE OWN BODY: THE GUARDIANSHIP OF ABORTIONABSTRACT In Brazil, as well as in several countries of the world, especially developing countries, abortion represents a serious problem of public health, social justice and human rights, making the criminal aspect only a detail. This study intends to give an overview on abortion, bringing the main changes on the subject over time and, in particular, the current position of the Brazilian Judiciary. For this, the method of approach chosen for the elaboration of the present article was the deductive, the method of procedure was the historical and the research technique the bibliographic. KEYWORDS Abortion; Crime; Right.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.


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