Economic, Social, and Cultural Rights and the Interamerican System

1977 ◽  
Vol 19 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Lawrence J. LeBlanc
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Capital Punishment ◽  
Well Being ◽  
Political Rights ◽  
International Agreement ◽  
World War ◽  
Cultural Rights ◽  
The Right ◽  
Health And Well Being

The human rights proclaimed and affirmed in the various international declarations, conventions, and covenants adopted since World War II fall into two broad categories: civil and political; and economic, social, and cultural. The former includes the traditional rights of man, such as the rights to life and liberty; the latter includes such rights as the right to work, to social security, and to the preservation of one's health and well-being.International agreement in principle on most civil and political rights as human rights has been relatively easy to achieve; disagreement has occurred—and is likely to continue to occur-primarily over their precise meaning. Virtually everyone endorses, for example, a right to life; not everyone agrees, however, that capital punishment or abortion must therefore be prohibited by law.

Human Rights

2013 ◽  
Author(s):  
Joseph M. Wronka
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Well Being ◽  
The United States ◽  
Political Rights ◽  
Periodic Review ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
Guiding Principles ◽  
The Right

At the heart of social work, human rights are a set of interdependent guiding principles having implications for meta-macro (global), macro (whole population), mezzo (at risk), micro (clinical), meta-micro (everyday life), and research interventions to eradicate social malaises and promote well-being. They can be best understood vis-à-vis the UN Human Rights Triptych. This consists of the Universal Declaration of Human Rights, increasingly referred to as customary international law on the center panel; the guiding principles, declarations, and conventions following it, on the right panel—like the conventions on the Rights of the Child (CRC), Elimination of Racial Discrimination (CERD), and Elimination of Discrimination Against Women (CEDAW); and implementation mechanisms, on the left panel—like the filing of country reports on compliance to conventions, the Universal Periodic Review, thematic and country reports by special rapporteurs, and world conferences. Briefly, this powerful idea, which emerged from the ashes of World War II, emphasizes five crucial notions: human dignity; non-discrimination; civil and political rights; economic, social, and cultural rights; and solidarity rights. Whereas this article emphasizes issues pertaining to the United States, it touches upon other countries as appropriate, calling for a global vision in the hopes that every person, everywhere, will have their human rights realized. Only chosen values endure. The challenge, through open discussion and debate, is the creation of a human rights culture, which is a lived awareness of these principles in one's mind, heart, and body, integrated dragged into our everyday lives. Doing so will require vision, courage, hope, humility, and everlasting love, as the indigenous spiritual leader Crazy Horse reminds us.

7. Food, education, health, housing, and work

2015 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Main Concern ◽  
Political Rights ◽  
Specialized Knowledge ◽  
Policy Makers ◽  
Cultural Rights ◽  
Food Education ◽  
The Right ◽  
Health And Well Being

‘Human rights’ covers not only civil and political rights such as freedom from torture, slavery, and arbitrary detention, but also economic, social, and cultural rights. Everyone has the right to a standard of living adequate for their health and well-being and the right to security. ‘Food, education, health, housing, and work’ considers these rights in turn, examining their place in a wider view of human rights, and the appropriate mechanisms for their enforcement. A main concern is that economic and social policy is best determined by policy makers who are democratically accountable, and not by unelected judges with no specialized knowledge of how to prioritize the distribution of limited resources.

11. Human Rights

2019 ◽  
pp. 220-240
Author(s):  
Tom Campbell
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Political Rights ◽  
Human Beings ◽  
World War ◽  
Late Medieval ◽  
Cultural Rights ◽  
The Enlightenment ◽  
Medieval Europe ◽  
Human Rights Movement

This chapter focuses on human rights. Human rights are derived historically from the idea of natural law as it developed on a strong religious basis in late medieval Europe and, later, in a more secularized form during the more rationalist period of the Enlightenment. Meanwhile, the contemporary human rights movement stems from the aftermath of World War II. It is associated, domestically, with constitutional bills of rights and, internationally, with the work of the United Nations. Human rights may be defined as universal rights of great moral and political significance that belong to all human beings by virtue of their humanity. They are said to be overriding and absolute. Human rights may be divided into three overlapping groups: civil and political rights; economic, social, and cultural rights; and group or collective rights for development and self-determination.

Dignity Rights for a pandemic

2020 ◽  
pp. 174387212094451
Author(s):  
James R. May ◽  
Erin Daly
Keyword(s):  
World War Ii ◽  
Human Dignity ◽  
World Order ◽  
Well Being ◽  
The Body ◽  
Political Rights ◽  
Cultural Rights ◽  
The Great Depression ◽  
The Right ◽  
Right To Dignity

The concept of human dignity means, quite simply, that every person has inherent equal worth. This incontrovertible but profound concept is derived from the body of dignity law that has developed since the end of World War II at the international, regional, national, and subnational levels, where dignity has become the central axis around which law rotates. Both the UN Charter and the Universal Declaration of Human Rights confirm the foundational place of the recognition of human dignity in the building of the new postwar world order. Advancing human dignity also is a central premise of the binding International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, and virtually all subsequent instruments addressing human well-being. The right to dignity is guaranteed by the national constitutions of more than 160 countries. Further, courts around the globe have applied the right to dignity thousands of times in cases involving issues that matter everyday to everyday people, including involving poverty, employment, marriage, adoption, incarceration, education, safety, health, discrimination, immigration, and police brutality, and many more. The pandemic wrought by Covid-19 has tested the boundaries of dignity’s role under the of law. Millions are infected. Hundreds of thousands have died. Nations have closed their borders. People are quarantined, desparate, and desparing, leading to social and economic dislocation not seen since the Great Depression. This article highlights the normative and legal dimensions of dignity, and how taking account of dignity under law can improve outcomes during the pandemic. It theorizes that, while not a cure, recognizing dignity under law can be therapeutic in these troubling times.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

s.One Norms and Principles, 1 The Birth and Development of Human Rights for Health

2020 ◽  
Author(s):  
Meier Benjamin Mason ◽  
Murphy Thérèse ◽  
Gostin Lawrence O
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Well Being ◽  
Modern Human ◽  
The Political ◽  
Normative Foundations ◽  
Health And Well Being ◽  
Historical Origins

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.

Human Rights and the Right to Culture in China

2002 ◽  
Vol 24 (1) ◽  
pp. 28-31
Author(s):  
John Young
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cultural Differences ◽  
The United States ◽  
Cultural Dimensions ◽  
Cultural Relativism ◽  
World War ◽  
The Right ◽  
Political Understanding ◽  
Policy Failures

As anthropologists we are often preoccupied with our own circumscribed studies of local communities. Only during World War II did we embrace the global dimensions and importance of cultural differences. Many Western anthropologists who have recently, and as a matter of conscience, become concerned with globalization have abandoned the concept of culture as an organizing principle, perhaps in part because they confuse cultural relativism with moral relativism, and perhaps because it is fashionable to denounce their forebears. As professionals I think we must deal with the cultural dimensions of a problem first before making moral judgements. I remain convinced that the concept of culture is a useful tool for understanding and shaping macro-level political understanding and dialogue, in somewhat the same way as Ruth Benedict and others demonstrated more than half a century ago. American policy failures in the international arena, of which the war in Afghanistan is one result, are related to arrogance (ethnocentrism) which breeds ignorance of other cultures and a lack of comparative perspective on American culture as well. Human rights is one issue where the United States is blindly pushing its own agenda to its own detriment.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

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