scholarly journals Artikel PPKN

2021 ◽  
Author(s):  
cevi aprilia prasetyawati

Health is a state of complete physical,mental and social wellbeing that enables everyoneto people live socially productive lives. Health is one of the basic human needs,therefore health is a right for every citizen protected by law.The purpose of this writing is to inform the public recarding human rights in health.Result of in this discussion there are human right in health and the responsibility of the state towards human rights.

Author(s):  
Daniel J. Hemel

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.


2021 ◽  
Author(s):  
Bojana HAJDINI ◽  
◽  
Ada GUVEN ◽  

The article aims to give a brief review of the concept of the pursuit of happiness, its’ meaning and the role of individuals and the state that can contribute to the achievement of individual happiness by providing the legal, financial, and institutional resources. Further the article analyze the first constitutions that specifically foreseen the pursue of happiness in their provisions and argued that constantly remind the public institutions of the intentions in respecting the natural, unalienable, and sacred human rights that are necessary for the maintenance of order and the happiness of all. In the last part of the article we have studied some of the modern European constitutions and concluded that in difference from the Declarations of two centuries before, the term of happiness has been replaced with a list of rights that implicitly oblige governments to secure to all of its’ citizens extended quality of happiness. Key words: pursuit of happiness, human rights, constitution


2011 ◽  
Vol 13 (3) ◽  
pp. 305-319 ◽  
Author(s):  
Maria Gavouneli

AbstractWithin a few months in 2010, both the UN General Assembly and the Human Rights Council affirmed a human right to safe drinking water. The present paper purports to identify the impact, if any, of these declarations of an existing or emerging right to water and its repercussions on the proper management of transboundary aquifers, which the ILC sought to regulate in its 2008 Draft Articles. Reviewing existing binding and non-binding instruments and related State practice, I argue that there exists today a mature right to clean water. Although the law of transboundary aquifers is in a nascent form, there is no reason not to import the polished quality requirements of the right to water in order to further identify and fulfil the basic human needs it has set out to address. The achievements of the human rights field may and must be transferred into the emerging water law.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 430
Author(s):  
Vica Jillyan Edsti Saija

In responding to the pandemic due to the coronavirus, the Indonesian government requires the public to carry out vaccinations in order to prevent the spread of the coronavirus and establish herd immunity. This instruction contradicts that health is a form of human right that cannot be enforced. Therefore, this paper wants to examine whether COVID-19 vaccination in the midst of an pandemic situation is a form of human right or obligation. The research method used in this paper is a normative method, and the results of this paper indicate that the covid-19 vaccine during an pandemic period can be categorized as a form of human obligation for everyone based on the obligation to respect the human rights of others as stated in the State Constitution. The Republic of Indonesia in 1945.


Author(s):  
Madeline Baer

Chapter 4 provides an in-depth case study of water policy in Chile from the 1970s to present, including an evaluation of the outcomes of water policy under the privatized system from a human rights perspective. The chapter interrogates Chile’s reputation as a privatization success story, finding that although Chile meets the narrow definition of the human right to water and sanitation in terms of access, quality, and price, it fails to meet the broader definition that includes citizen participation in water management and policy decisions. The chapter argues that Chile’s relative success in delivering water services is attributable to strong state capacity to govern the water sector in the public interest by embedding neoliberal reforms in state interventions. The Chile case shows that privatization is not necessarily antithetical to human rights-consistent outcomes if there is a strong state role in the private sector.


2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?


2021 ◽  
Vol 12 (4) ◽  
pp. 612-648
Author(s):  
Johannes Scherling

Abstract For a few decades now and most prominently promoted by the US, neoliberal economics have been on the rise, epitomized in recent austerity policies with regard to countries that have met financial trouble. In particular the drive for privatization of core public services relating to basic human needs, such as water, social services or pensions, has been increasingly criticized because of a perceived incompatibility between the profit motive and social solidarity. This article uses a corpus-based analysis of the discourse on privatization in the US of proponents supporting, respectively opposing it, with an overall corpus size of about 230,000 tokens. It examines how the two groups conceptualize privatization differently and which strategies are applied to fore- or background particular aspects of it.


Author(s):  
Alfonso CHACÓN MATA

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.


2006 ◽  
Vol 3 (1) ◽  
Author(s):  
Warsono Warsono

Human Rights are a fundamental problem in every country. especially in the developing countries such as Indonesia. Even though, the state had given protection of human right for everybody, but in Indonesia there are many breakdowns of it. As a democratic state, Indonesia has to regard human right. It is because the human rights were the core of democratic principle. So, the human rights must be trained in the school for every student. By using this way, everybody can know what their rights and obligations very well Civics education can be a vehicle for this goal, because it's one of lessons that talk about human rights and be learned in all school.


2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.


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