scholarly journals Тhe Right to a Healthy Climate as a Function of the Right to Life UDK 342.7:502.131.1

2012 ◽  
Vol 1 (1) ◽  
pp. 27
Author(s):  
Temelko Risteski ◽  
Elena Todorova ◽  
Sejdefa Džafče ◽  
Anita Gligorova
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Human Life ◽  
Southeast Europe ◽  
Right To Life ◽  
Nature Protection ◽  
Human Right ◽  
Physiological Functions ◽  
Healthy Environment ◽  
The Right

Objective: To define the concept of healthy climate and in this regard to determine the relationship between the right to healthy environment and right to life, as top human right, from a legal and ethical aspects.Results: Analysis of international legislation on environment, climate and human rights, and laws on nature protection, environment and other environmental laws of the Republic of Macedonia and other countries of Southeast Europe, based on the facts of climate change, shows that these changes affect the quality of life and therefore the exercise of the right to a healthy life.Conclusion: The right to life is top human right. All other human rights are subordinate to it. It is healthy climate in which the weather as a meteorological phenomenon is mostly compatible with the physiological states of human organisms, most of the average healthy people, and allows normal physiological functions. Normal physiological functions of the organism has a direct impact on human health. Human health is directly in function of life. It makes life healthy and happy. Only healthy and happy life is a real human life. All the troubles in life can be overcome if the person is healthy. It is a notorious fact. Thus, the right to a healthy climate is in function of the right to life.

scholarly journals HAK ASASI MANUSIA DAN PERLINDUNGAN LINGKUNGAN HIDUP

2020 ◽  
Vol 1 (2) ◽  
pp. 48-58
Author(s):  
Priya Tandirerung Pasapan
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Environmental Issues ◽  
Human Right ◽  
Profound Impact ◽  
Indonesian Government ◽  
Healthy Environment ◽  
The Right ◽  
The Relationship ◽  
Inherent Part

Attention to environmental issues is not only limited to local or national problems but also as an international problem. Protection of the environment has become a main agenda of the international community. This program based on the reality of various environmental pollution and damage events that have had a profound impact on human life. This article analyzes the relationship between the environment and human rights and the Indonesian government's policy to protect the environment. The purposes of this paper are to find out the correlation between human rights and the environment, and find out the policies of the Indonesian government in this regard. Through this article, it can be seen that the environment is an inherent part of human rights, which the right to a good and healthy environment is a human right. Furthermore, the Indonesian government has also taken steps and efforts in ensuring environmental protection, one of which is through legal instruments of the law.

scholarly journals PERLINDUNGAN HAK ATAS LINGKUNGAN HIDUP YANG BAIK DAN SEHAT DI ERA GLOBALISASI

2015 ◽  
Vol 44 (1) ◽  
pp. 18
Author(s):  
Rochmani Rochmani
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Living Environment ◽  
Human Rights Violations ◽  
Environmental Damage ◽  
Human Right ◽  
Healthy Environment ◽  
Healthy Part ◽  
The Right ◽  
Good Environment

Environmental damage can result in the right to a good environment and healthy living in communities disrupted. Right to good living environment and healthy part of human rights. Violation of good environment and healthy is a violation of human rights. Right to environment is a human right that must be upheld and respected by the international community. Violations of the right to a good environment and healthy environment is a crime. However, that is still a lot of human rights violations occur. Right to a good and healthy environment is a fundamental human right. The rights attached to a construction that strengthen human life. In the globalization era human rights violations can be filed in an international judicial mechanisms, as a form of protection of the right to a good and healthyenvironment.Kerusakan lingkungan hidup dapat mengakibatkan hak atas lingkungan hidup yang baik dan sehat pada masyarakat terganggu.  Hak atas lingkungan hidup yang baik dan sehat bagian dari HAM. Pelanggaran terhadap lingkungan hidup yang baik dan sehat merupakan pelanggaran HAM. Hak atas  lingkungan hidup merupakan  HAM yang harus dijunjung tinggi dan dihormati oleh masyarakat internasional. Pelangaran terhadap hak atas lingkungan hidup yang baik dan sehat merupakan kejahatan lingkungan. Namun demikian yang terjadi masih banyak pelanggaran HAM. Hak atas lingkungan yang baik dan sehat merupakan hak yang fundamental manusia. Hak itu melekat sebagai yang memperkuat konstruksi kehidupan manusia. Di era globalisasi pelanggaran HAM berat bisa diajukan dalam mekanisme peradilan internasional, sebagai wujud perlindungan terhadap  Hak atas lingkungan yang baik dan sehat.

scholarly journals Human Rights and Global Environment

2021 ◽  
Vol 4 (2) ◽  
pp. 105-113
Author(s):  
Flora Pricilla Kalalo
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
Environmental Damage ◽  
Legal Basis ◽  
Right To Life ◽  
Human Right ◽  
Healthy Life ◽  
Healthy Environment ◽  
The Right

Human rights and the environment are interconnected and mutually reinforcing. The concern of a group of people for the environment is not enough because changes in an environment have an impact not only locally, but often globally. Therefore it can be said that in countries where there are many violations of human rights, environmental damage often occurs. What happened then was that the human right to have a healthy life (the right to a healthy environment) was violated or sidelined. In addition, development that is not controlled can result in human rights being violated. Regulations regarding human rights are not entirely related to environmental protection. However, if you pay attention, there are several articles in some of these provisions that can be used as a legal basis for taking various actions aimed at protecting the environment. On the other hand, regulation of environmental protection at the same time means respect for human rights, especially with regard to issues of the right to life, health problems, disturbance of their property to respect for indigenous peoples' rights.

scholarly journals Protection of Vulnerable Communities: A Case of Coal-Ash Disaster in Puerto Rico

2020 ◽  
pp. 379
Author(s):  
Sarah Dávila-Ruhaak
Keyword(s):  
Human Rights ◽  
Puerto Rico ◽  
Environmental Justice ◽  
Coal Ash ◽  
Environmental Harm ◽  
Human Right ◽  
Healthy Environment ◽  
Vulnerable Communities ◽  
Access To Health ◽  
The Right

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals and communities affected by environmental harm are rights-holders entitled to protection. Such communities are left out of important decisions about their environment and the effect of environmental harm in their lives. Individuals most vulnerable to environmental harm are often members of poor, rural, and disenfranchised communities. The destruction of the environment disproportionately affects these communities, preventing them from accessing basic natural resources, clean water and sanitation, adequate housing, food security, and access to health and medical assistance. Additionally, intersecting forms of discrimination exacerbate exclusion and marginalization. A human rights approach to environmental justice emphasizes the need to protect affected communities and holds the State responsible for recognizing their vulnerability and providing heightened protection. This article seeks to show that while the human right to a healthy environment has not been widely recognized, a robust juridical framework enables environmental justice advocates and affected communities to vindicate the rights of vulnerable communities. The case study of coal-ash contamination in Puerto Rico and the harms suffered by affected communities there anchors the argument for why advocates should use a human rights framework to protect the rights of the most vulnerable. The case of Puerto Rico is illustrative of so many poor, disenfranchised, and vulnerable communities around the world, affected by environmental harm and in need of a human rights-based framework.

scholarly journals Right to abortion in modern law and in the practice of the European Court of Human Rights

2021 ◽  
pp. 159-170
Author(s):  
Majida Lubura
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Right To Life ◽  
Human Right ◽  
Safe Abortion ◽  
Human Rights Protection ◽  
European Court ◽  
Scientific Disciplines ◽  
The Right

A basic human right - the right to life, even today faces numerous questions when it comes to its scope. One of those questions is the issue of the right to abortion, which is the subject of numerous controversies among lawyers, philosophers, medical workers, theologists, as well as among citizens in the broadest sense. Debates that exist in various scientific disciplines indicate the complexity of these issues that needs to be legally regulated at the domestic and international level. For that reason, it is necessary to follow and study the judgments of international bodies that have been passed in connection with this issue. As the most developed system of Human Rights protection has been established within the European Convention on Human Rights, and at the same time the most relevant for our country, in this paper the author studies the current practice of the European Court of Human Rights related to the right to abortion. It is evident, from the case law presented in this paper that the Court had a very delicate and difficult task to balance between diametrically opposing rights and interests of various interested parties. The Court's judgments show a consensus only regarding the question of the existence of the right to abortion in cases where the right to life and health of women is endangered. Opponents of abortion claim that in this case, it is not the right to abortion, but the right to life of a woman and that only then an abortion is allowed and justified to be performed, as well as that it is a conclusion that can be deduced from the Court's case law. However, the author of this paper believes that even though the practice of the court is quite neutral, it still tends more towards granting the right to safe abortion.

scholarly journals Defining and Achieving Freedom from Hunger: A Rights-Based Approach

2013 ◽  
pp. 54-64
Author(s):  
Saurav Ghimire
Keyword(s):  
Human Rights ◽  
Social Class ◽  
Armed Conflict ◽  
Human Being ◽  
Right To Life ◽  
Human Right ◽  
Short Life ◽  
The World ◽  
The Right ◽  
Wrong Place

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.

scholarly journals Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Human Life ◽  
Right To Life ◽  
Basic Rights ◽  
The World ◽  
Way Of Thinking ◽  
The Right

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.

scholarly journals Longitudinal Form and the Human Conceptus

1996 ◽  
Vol 63 (1) ◽  
pp. 14-24
Author(s):  
Ashley K. Fernandes
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Right To Life ◽  
Very Old ◽  
The World ◽  
Moral Precept ◽  
The Government ◽  
The Right

Human rights are not a privilege conferred by the government They are every human being's entitlement by virtue of his humanity. The right to life does not depend, and must not be declared to be contingent, on the pleasure of anyone else, not even a parent or sovereign … I have no new teaching for America. I seek only to recall you to faithfulness to what you once taught the world Your nation was founded on the proposition — very old as a moral precept, but startling and innovative as political insight — that human life is a gift of immeasurable worth, and that it deserves, always and everywhere, to be treated with the utmost dignity and respect — Mother Theresa of Calcutta (1994) 1

scholarly journals Is there a human right to be assisted in dying? [Temos um direito humano a ser assistido na morte?]

2016 ◽  
Vol 23 (41) ◽  
pp. 75-104
Author(s):  
Milene Tonetto
Keyword(s):  
Human Rights ◽  
Slippery Slope ◽  
Individual Autonomy ◽  
Assisted Dying ◽  
Right To Life ◽  
Human Right ◽  
Terminal Disease ◽  
Vulnerable People ◽  
Imminent Death ◽  
The Right

This paper will focus on the issue of whether it is plausible to think about a human right to be assisted in dying. The right to be assisted in dying cannot be considered just a right of non-interference. It is better understood as a claim right because it demands assistance and positive actions. I will argue that the principles of individual autonomy and Kant’s notion of dignity taken independently cannot be considered plausible justification for the human right to be assisted in dying. Griffin’s personhood account points out that principles of liberty, minimum provision and autonomy must be taken together to justify human rights. Based on his theory, I will argue that a person with a terminal disease who was aware of her imminent death or who suffered from an intractable, incurable, irreversible disease may waive the right to life and choose death. Therefore, the right to life would not restrict the human right to be assisted in dying and a state that allowed the practice of assisted dying would not be disrespecting the human right to life. This article will defend that the personhood account is able to protect vulnerable people from making decisions under pressure and avoid the slippery slope objection.

The human rights to life and conscience and resolving conflicts of human rights

2016 ◽  
Vol 65 (5) ◽  
Author(s):  
Joseph Meaney ◽  
Marina Casini ◽  
Emanuela Midolo ◽  
Antonio G. Spagnolo
Keyword(s):  
Human Rights ◽  
Healthcare Professionals ◽  
Court Decisions ◽  
Right To Life ◽  
Human Right ◽  
High Position ◽  
Three Generations ◽  
Healthcare Settings ◽  
The Right

Gli autori affrontano la questione del criterio da seguire per risolvere le situazioni in cui i diritti umani legalmente riconosciuti entrano in conflitto tra loro. La questione è aggravata dalla mancanza di consenso per quanto riguarda le priorità tra i diritti umani. Tuttavia, gli autori ritengono che quando è in gioco il diritto alla vita, questo – sia dal punto di vista etico che giuridico – dovrebbe prevalere sulle rivendicazioni di altri diritti, quanto meno nella sua formulazione negativa (non cagionare la morte). Si tratta infatti, logicamente e cronologicamente del più fondamentale dei diritti. Gli autori ritengono che vi sia una forte logica a stabilire una priorità tra le tre generazioni di diritti umani andando dal più al meno importante. È comunque un utile esercizio quello di esaminare – nella dimensione del conflitto tra diritti – la questione del diritto al rispetto della coscienza nell’ambito sanitario, cercando di stabilire l’ordine delle priorità. Gli autori approvano la posizione assunta da legislazioni e decisioni giudiziarie che generalmente assicurano il riconoscimento del diritto al rispetto della coscienza per gli operatori sanitari.The authors raise the question of what should be done when legally recognized human rights come into conflict. This serious problem is further complicated by a lack of consensus concerning prioritization among human rights. Nevertheless, the authors believe that a solid legal and ethical case can be made that the right to life should trump other human rights claims, particularly in its negative version. It is in fact, logically and chronologically the most basic human right. The authors believe that there is a strong logic to prioritizing the three generations of human rights as generally more important to less so. Viewing the problem of conscience rights in healthcare settings through the prism of conflicting rights and attempting to determine which rights should prevail is also a helpful exercise. The authors concur with the generally high position that the human right of conscience of healthcare professionals has been granted in most legislation and court decisions on the issue.

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