scholarly journals The Right of Thirst: Water as a Human Right and as a Commons

2018 ◽  
Vol 20 (3) ◽  
pp. 637-645 ◽  
Keyword(s):  
Social Movements ◽  
Natural Resource ◽  
Present Condition ◽  
Human Right ◽  
Social Fact ◽  
Wide Range ◽  
The Status ◽  
Economic Good ◽  
The Right

<p>Water is not only a vital natural resource but is also a social symbol that makes it a ‘total social fact’. ‘Hydroschizophrenia’ is a term that characterizes the present condition of the status of water and reflects a disconnection between water and society. Liberal environmentalism considers the environment as an economic good. The privatization of water invokes a wide range of reactions, social movements and protests. The primary concepts that underlie the movement against the privatization are the human right to water and water as a commons. These concepts are traced to the idea of the ancient ‘right of thirst’.</p>

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

Influence of privatization of water delivery on access to the right to water in Kenya

Water Policy ◽  
2010 ◽  
Vol 13 (2) ◽  
pp. 208-219
Author(s):  
Elsa van de Loo
Keyword(s):  
Water Resources ◽  
Water Delivery ◽  
Literature Study ◽  
Human Right ◽  
Economic Good ◽  
The Right

This article analyses the influence of privatization of water resources on access to the right to water in Kenya. It is premised on the belief that water is a fundamental human right and must not be seen as a social or economic good. Attention will be given to national-, regional- and international legislation and proposals on the right to water, water as a human right and the privatization of water resources. This article is based on literature study and interviews.

Time for Implementation of the Right to Water and Sanitation—e.g. The Missing Implementation in Germany

2012 ◽  
Vol 9 (2) ◽  
pp. 164-179
Author(s):  
Silke Ruth Laskowski
Keyword(s):  
Political Development ◽  
Human Right ◽  
Water And Sanitation ◽  
Environmental Goods ◽  
Goods And Services ◽  
Legal Enforcement ◽  
Wide Range ◽  
Basic Sanitation ◽  
Degraded Ecosystems ◽  
The Right

Access to safe water supplies and basic sanitation are necessary for maintaining public health, and water is needed to support healthy ecosystems, which in turn provide critical environmental goods and services. As water demand and availability become more uncertain, all societies become more vulnerable to a wide range of risks associated with inadequate water supply, including hunger and thirst, high rates of disease and death, economic crises, and degraded ecosystems. This endangers the enforcement of the Human Right to Water and Sanitation. Against this background the paper reviews the current political development to strengthen the legal enforcement of the Right to Water; describes the importance of its legal implementation regarding poor populations in Europe; exemplifies the need for implementation and legal action in view of Germany; and addresses to strengthen enforcement of the Human Right to Water and Sanitation with a view to Environmental Justice.

scholarly journals Any Chance for the Enforceability of the Human Right to Subsistence?

2020 ◽  
pp. 140-162
Author(s):  
Celia Fernández Aller
Keyword(s):  
Fundamental Rights ◽  
Social Rights ◽  
Legal Analysis ◽  
Human Right ◽  
Complex Issue ◽  
Philosophical Foundations ◽  
The Social ◽  
Wide Range ◽  
Policies And Programs ◽  
The Right

It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical foundations and the content of the right are studied and five great challenges are presented, although the most powerful one is to focus on the social and political enforceability of the fundamental right to subsistence. Assessing the effectiveness of the right to subsistence, and the right to food particularly, is a complex issue. In the legal discourse, the question seems to be only suggested.  Even when the Constitutions expressly recognize this right in some countries, its implementation faces many constraints. The progressive realization of ESC rights requires a complex interaction of policies and programs in a wide range of sectors and institutions.The scientific method used in this work is the legal-sociological method, regarding the understanding of the rules, the lack of them, their effectiveness,  etc.   Several methodological techniques have been used, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.

scholarly journals Human Rights: Illusion or Reality; Theological (Shiite) Perspective (Part 2)

2015 ◽  
Vol 6 (2) ◽  
pp. 26-37
Author(s):  
Ali Jamkarani
Keyword(s):  
Human Rights ◽  
Human Right ◽  
The World ◽  
Logical Reason ◽  
The Status ◽  
History Of ◽  
Great Sphere ◽  
The Right ◽  
Human Rights History ◽  
Different Parts

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.

International human rights law and mental illness

2007 ◽  
Vol 24 (1) ◽  
pp. 31-39 ◽  
Author(s):  
John Tobin
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Illness ◽  
Mental Health Care ◽  
Standard Of Care ◽  
International Human Rights Law ◽  
International Treaties ◽  
Human Right ◽  
The Status ◽  
The Right

AbstractThe Irish State has been party to a collection of international treaties and declarations that directly affect the care of those who suffer from mental disorders. These documents set up what are considered as minimum core standards that outline the standard of care that should be provided as a basic human right. This article reviews the relevant sections of these documents and reflects as to how they have been applied in Ireland. International conventions, which have the status of a treaty, are monitored and interpreted by various commissions and committees. This article draws on the comments of these bodies as to how a state should provide for those with mental illness. Areas such as the rights of children who are mentally ill and those who are detained by the state are examined in detail. Other areas covered are the right to the highest attainable level of mental health care, the right not to be subjected to a clinical trial, equal access to mental health care, and the right to be safeguarded against unjust involuntary detention.

scholarly journals Human Rights: Illusion or Reality; Theological (Shiite) Perspective

2015 ◽  
Vol 6 (1) ◽  
pp. 15-21
Author(s):  
Ali Jamkarani
Keyword(s):  
Human Rights ◽  
Human Right ◽  
The World ◽  
Logical Reason ◽  
The Status ◽  
History Of ◽  
Great Sphere ◽  
The Right ◽  
Human Rights History ◽  
Different Parts

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.Bangladesh Journal of Bioethics 2015 Vol.6 (1):15-21.

scholarly journals SPECIFIC TREATMENT AND RIGHTS OF WOMEN DEPRIVED OF LIBERTY

2017 ◽  
pp. 245
Author(s):  
Milica Stanojević
Keyword(s):  
Women's Rights ◽  
Specific Treatment ◽  
Women’S Rights ◽  
Crucial Importance ◽  
Human Right ◽  
European Committee ◽  
Psychology Of Women ◽  
The Status ◽  
Degrading Treatment ◽  
The Right

This paper discusses the rights of women prisoners as a special category of persons deprived of the fundamental human right - the right to liberty. The author focuses on women's rights in detention and in the course of serving a prison sentence. The specificities related to the status and treatment of women in conditions of social isolation are primarily attributable to their biological disposition. Quite often, they are pregnant or about to give birth, or already have children, in which case the protection of maternity is of crucial importance, particularly considering the fact that they are away from their home and family. One of the main problems in dealing with women’s rights in general and in the Serbian penitentiary system in particular is the lack of sensitivity to the specific needs and psychology of women. In that context, the author refers to the conclusions of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment.

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

scholarly journals MORADIA NO SÉCULO XXI: ativo financeiro ou direito social?

2020 ◽  
Vol 24 (2) ◽  
pp. 839
Author(s):  
Sávio Silva de Almeida ◽  
Cristina Pereira de Araújo
Keyword(s):  
Social Movements ◽  
Right To The City ◽  
Extensive Literature ◽  
New Paradigm ◽  
Human Right ◽  
Urban Social Movements ◽  
Present Essay ◽  
Process Of Urbanization ◽  
The Right ◽  
The City

O presente ensaio tem como objetivo analisar o aprofundamento da mercantilização do direito à moradia, sob a hegemonia neoliberal. A metodologia empregada envolve uma extensa revisão de literatura com vistas a contribuir com os estudos sobre a urbanização, movimentos sociais urbanos, direito à cidade e à moradia digna. Na primeira seção, o texto trata do processo de urbanização sob o capitalismo. Na segunda seção, aborda as lutas promovidas no âmbito jurídico pelos movimentos sociais brasileiros que construíram a moradia como um direito humano social. Na terceira seção, apresentauma reflexão sobre a financeirização da moradia. Conclui que o aprofundamento da financeirização da moradia representa o novo paradigma da urbanização capitalista a ser superado pelos movimentos sociais, para que o Estado possa atuar no sentido de garantir a moradia como um direito social.Palavras-chave: Urbanização. Direito à moradia. Neoliberalismo.HOUSING IN THE 21th CENTURY? Financial asset or social right?AbstractThe present essay aims to analyze the deepening of the commodification of the right to housing, under neoliberal hegemony. The methodology involves an extensive literature review that approach the proposed theme intending to contribute to studies on urbanization, urban social movements, right to the city and right to housing. In the first section, the text seeks to reflect on the process of urbanization under capitalism. In the second, brings to reflect on the struggles promoted in the legal sphere by the Brazilian social movements that built housing as a social human right. In the third, the text presents a reflection on the financialization of housing. It concludes that the deepening of the financialization of housing represents the new paradigm of capitalist urbanization to be overcome by social movements, so that the State can act in the sense of guaranteeing housing as a social right.Keywords: Urbanization. Right to housing. Neoliberalism.

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