Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

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):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma

This chapter examines the loss and denial of refugee status and its benefits. Most international instruments not only define refugees, but also provide for the termination or denial of refugee status and the withdrawal of protection. The International Refugee Organization (IRO) Constitution, for example, described the circumstances in which refugees and the displaced would ‘cease to be the concern’ of the organization, and excluded various others, including ‘war criminals, quislings and traitors’, and ‘ordinary criminals extraditable by treaty’. Article 14 of the Universal Declaration of Human Rights prohibits invocation of the right to seek asylum ‘in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations’. These categories have been expanded in other instruments and in State practice so that, in general, refugee status may be lost or denied because of voluntary acts of the individual; a change of circumstances; where protection is accorded by other States or international agencies; and in the case of criminals or other ‘undeserving’ cases.


2019 ◽  
Vol 4 (22) ◽  
pp. 140-148
Author(s):  
Mina Torabi ◽  
Mohammad Javad Jafari ◽  
Masood Ghasemi

With the passage of the Islamic Penal Code of 1992, the legislator took a critical step contrary to the provisions of international documents such as the Political and Civil Covenant and the Universal Declaration of Human rights and other documents criminalize behaviors that are critical of human rights, both in terms of punishment and in non-compliance with the principles and principles of criminality. As provided in Article 286 for severe on-the-ground corruption with a view to development in various fields, the death penalty has been specified. The perpetrators of these crimes and deviations from the substantive principles of security crimes, such as riots and corruption on earth, present challenges that will be addressed in this article, first explaining the importance of the right to life and the death penalty in international documents and the Iranian legal system.


Author(s):  
Fedeli Piergiorgio ◽  
◽  
Cingolani Mariano ◽  
Nunzia Cannovo ◽  
Roberto Scendoni ◽  
...  

The worsening healthcare emergency with the COVID-19 pandemic has demanded a prompt reaction from authorities to contain the damage related to the spread of the virus. Our aim is to provide a bioethical contribution, with a careful analysis about the balance of individual rights with those of the whole community. The protection of the right to health in the emergency phase, with the restriction of the right to work and other rights, can have long-term negative consequences on the economy, with fallout affecting funding for the healthcare system as well. The right to health in its community dimension can sometimes clash with the protection of the sacrosanct dignity of the individual. Choices to protect health may have social and economic repercussions that could undermine the stability of many national governments.


2017 ◽  
Vol 31 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Michael Ignatieff

In a 1958 speech at the United Nations, Eleanor Roosevelt took stock of the progress that human rights had made since the proclamation of the Universal Declaration of Human Rights ten years before. Mrs. Roosevelt had chaired the UN committee that drafted the Universal Declaration and had hoped that, in time, it would become “the international Magna Carta of all men everywhere.” Her answer to the question of how to measure human rights progress has become one of the most frequently quoted remarks of the former First Lady: Where, after all, do universal human rights begin? In small places, close to home—so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.


2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  


Author(s):  
Paul A. Rodgers

The United Nations Universal Declaration of Human Rights is widely acknowledged as a landmark document in the history of human rights. Drafted by representatives from all over the world, the declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard for all peoples and all nations. The declaration sets out a series of articles that articulate a number of fundamental human rights to be universally protected. Article 23 of the declaration relates to the right to work and states that people have a human right to work, or engage in productive employment, and may not be prevented from doing so. The right to work is enshrined in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development. This paper presents ongoing research that highlights how a disruptive co-design approach contributes to upholding UN Article 23 through the creation of a series of innovative working practices developed with people living with dementia. The research, undertaken in collaboration with several voluntary and third sector organizations in the UK, looks to break the cycle of prevailing opinions, traditional mindsets, and ways-of-doing that tend to remain uncontested in the health and social care of people living with dementia. As a result, this research has produced a series of innovative work opportunities for people living with dementia and their formal and informal carers that change the perception of dementia by showing that people living with dementia are capable of designing and making desirable products and offering much to UK society after diagnosis. In this ongoing research, the right to continue to work for people living with dementia post-diagnosis in creative and innovative ways has clearly helped to reconnect them to other people, helped build their self-esteem, identity and dignity and helped keep the person with dementia connected to their community, thus delaying the need for crisis interventions. This paper reports on a series of future work initiatives for people living with dementia where we have used design as a disruptive force for good to ensure that anyone diagnosed with dementia can exercise their right to work and engage in productive and rewarding employment.


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