Cultural Rights, the 2005 Convention and the Status of the Artist: a tribute to Professor Milena Dragićević Šešić

2020 ◽  
Author(s):  
Jonathan Vickery
Keyword(s):  
Cultural Rights ◽  
The Status

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

scholarly journals FORMATION OF LEGAL MECHANISM OF SOCIAL AND CULTURAL ADAPTATION AND INTEGRATION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

2017 ◽  
Vol 21 (6) ◽  
pp. 219-228
Author(s):  
A. S. Pavlowski
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Cultural Adaptation ◽  
Russian Language ◽  
Russian Society ◽  
Non Profit ◽  
Cultural Rights ◽  
The Status ◽  
The Russian Federation ◽  
Legal Mechanism

The article describes process of legal mechanism formation of social and cultural adaptation and integration of foreign citizens in the Russian Federation. In spite of the fact that from the moment of Soviet Union disintegration Russian Federation is a country with the largest immigration inflow. Russian migration legislation doesn’t have concepts "adaptation" and "integration" of foreign citizens for more than 20 years. In 2015 the Federal Agency for Ethnic Affairs was opened. It received the status of federal executive authority responsible for development and realization of state policy in the area of adaptation and integration. The first legislative measures directed to sociocultural adaptation of foreign citizens are analyzed. It is noted that the target audience of adaptation and integration is still not defined legislatively. Events held in territorial subjects of the Russian Federation cover various categories of foreign citizens and as a rule this is studying of Russian language, Russian history and legislation principles. The author proves that specified measures aren't enough for full inclusion of foreign citizens in the Russian society. The probability of social exclusion and formation of isolationist installations for foreigners is still high. Specified factors’ overcoming is obviously possible only thanks to the fullest realization of social rights of foreign citizens, first of all rights on housing and education. Legal mechanism of social and cultural adaptation and integration has to create conditions for realization of their social and cultural rights within the unified centers of adaptation and integration. High-quality implementation of this idea demands broad attraction of foreign citizens, non-profit organizations and also volunteers.

LEGAL REGULATION OF THE ISSUES OF EDUCATION AND CULTURE IN THE HALICY OF THE FIRST HALF OF THE ХІХ с.

2019 ◽  
pp. 55-61
Author(s):  
Oksana Semyanyk
Keyword(s):  
Catholic Church ◽  
Legal Regulation ◽  
Practical Significance ◽  
Political Movement ◽  
Habsburg Empire ◽  
Cultural Rights ◽  
Legal Studies ◽  
The Status ◽  
Joseph Ii ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze the normative legal acts of the 19th-century Habsburg Empire, which regulated the issues of culture and education, as well as the specifics of implementation of these norms in Galicia. Method. The methodology involves the analysis of theoretical and source bases, followed by generalization and formulation of relevant conclusions and recommendations. In view of the interdisciplinary nature of the problem, the complex of general scientific, special-legal, special-historical and philosophical methods and approaches, as well as the principles of objectivity, historicism, systematic and comprehensive, were used in the work. Results. It is established that the reforms to the spirit of "enlightened absolutism" began at the end of the positive changes, which at the end of the eighteenth century. was conducted by Empress Maria Theresa and Emperor Joseph II. Reforms initiated the secular nature of culture, as it eliminated censorship under the authority of the church. In addition, the desire to use the national question to ensure the integrity of the monarchy led to an increase in the status and role of the Greek Catholic Church, whose representatives in the early twentieth century. took over the lead of the national-political movement. Important changes occurred during the revolutionary events of 1848-1849, as well as the constitutional reforms of the 1860s, which guaranteed the broad national and cultural rights of the peoples of the empire, including the Ukrainians of Galicia. Scientific novelty. The paper highlights the systematic normative acts of the Habsburg Empire, which regulated the issues of culture and education in Galicia in the nineteenth century. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

scholarly journals International legal standards for ensuring the right of minors deprived of liberty to health

2020 ◽  
Vol 3 (3) ◽  
pp. 32-37
Author(s):  
Tetyana Syroyid
Keyword(s):  
United Nations ◽  
Right To Health ◽  
Sexually Transmitted ◽  
Cultural Rights ◽  
Legal Standards ◽  
Rights Of The Child ◽  
The Status ◽  
Special Rules ◽  
United Nations Declaration ◽  
The Right

The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.

scholarly journals الحماية القانونية للنازحين في ظل القانون الدولي الانساني

2020 ◽  
Vol 1 (2) ◽  
pp. 1-10
Author(s):  
احمد ابراهبم
Keyword(s):  
Human Rights ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
International Protection ◽  
Cultural Rights ◽  
Geneva Conventions ◽  
The Status ◽  
Durable Solutions ◽  
The Right ◽  
Political Economic

Although there is no special agreement for displaced persons, as in the case of refugees, they are protected under their national laws and human rights laws and are protected according to the rules of international humanitarian law during armed conflict as determined by the Geneva Conventions of 1949. The search for displaced persons' rights should not be limited to relevant conventions, since many of the rights of displaced persons will be found in the basic human rights conventions to which the displaced person should first benefit before being displaced. The status of displacement does not conceal the rights of the displaced as a human being, but should add to it new rights arising from the conditions that have arisen and the importance of this issue is greater. National authorities are unable or unwilling to fulfill their obligations, as well as the protection of the rights of refugees and the obligations of States provided for in the provisions of the International Refugee Convention Of 1951, which include assistance in the provision of food, adequate shelter, health care and education, the right to asylum, the provision of travel documents, the provision of refugees, the guarantee of fundamental human rights and the facilitation of voluntary durable solutions of repatriation Or integration into host societies, making international protection a necessity. International law underlines that civil, political, economic, social and cultural rights should be exercised without discrimination on grounds such as "national or social origin, property or other grounds." States must also eliminate any form of discrimination. Economic, social and cultural rights to ensure the progressive realization of economic, social and cultural rights and to the maximum extent of the resources available (for the State party).

scholarly journals http://habibiaislamicus.com/index.php/hirj/article/view/176

2021 ◽  
Vol 5 (1) ◽  
pp. 51-66
Author(s):  
Zahida Parveen ◽  
◽  
Aijaz Ali Khoso
Keyword(s):  
Cultural Practices ◽  
Religious Communities ◽  
Minority Communities ◽  
Cultural Rights ◽  
The Status ◽  
The Right ◽  
Partition Of India ◽  
Personal Law ◽  
Women Rights ◽  
Status Of Women

The particular nature of partition of India left the different religious communities with strained relations. The bloody backdrop made an imperative on the newly independent nation to sort out the majority-minority relationships amidst communities. The nation started with a centralizing tendency. The two nation theory based on religious identities shaped the post-independence politics to a great extent. Minority communities were given social and cultural rights but nonpolitical rights. As a part of cultural rights, these communities were left on their own with regard to marriage, divorce, inheritance etc. The nascent nation faced the dilemma of balancing the rights of different groups. As a result mere equality before law was substantiated by the right of members of minority communities to have the liberty to lead a life in accordance with their cultural practices. Islam has been focusing on chastity of the society and for this it describes rules and manners to be followed. On the other hand, West particularly in its modern capitalistic perspective gives its followers to lead a hedonistic life having no clutch on individual desires. West uses feministic sound louder and louder to portray itself the champion of Women rights but it has been observed that West through this campaign also tries to get its objectives against Islam. In this paper an attempt has been taken to highlighting how the West influences Muslim personal law in the subcontinent. At the same time, in this paper, an effort has also been made to resolve some repeated objections regarding the status of Women eruditely.

The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities

1994 ◽  
Vol 22 (2) ◽  
pp. 17-20
Author(s):  
Maria Nzomo
Keyword(s):  
Human Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Participation Of Women ◽  
Women’S Human Rights ◽  
The Status ◽  
Women's Human Rights ◽  
The Right ◽  
International Instruments ◽  
Political Economic

This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.

scholarly journals Enforcement of Women's Rights through Education

2019 ◽  
Vol 8 (4) ◽  
pp. 5397-5402
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Striking Similarity ◽  
Political Rights ◽  
Fundamental Freedom ◽  
Cultural Rights ◽  
Basic Rights ◽  
The Status ◽  
Comprehensive Treatise ◽  
The Face

The experiences of successive world wars brought the Universal Declaration, bringing an adherence of acceptance from all the countries which proved to be a comprehensive treatise of inviolable and in alienated human rights. It bestows civil and political rights including right to life, liberty, free speech and privacy. In addition it includes economic, social, cultural rights being right to social security, health and education. These entitled basic rights and fundamental freedom that helps in promoting peace and progress by preventing atrocities against humanity. Widening its domain, today human rights have befitted essential in achieving development goals which enables a constant improvement of well being of inhabitants of the world. The paper aims at drawing a similarity in the case study of an autobiography of 19th century (Amar Jibon by Rassundari Devi) and an autobiography of 21st century (I Am Malala by Malala Yousafzai), one being the earliest of women autobiographies and the other being most horrific and recent one. Both the characters establish an indistinguishable coherence between development and acquisition of basic rights for women. Malala recognized as a human rights champion, continued to speak out portraying the indomitable courage even on the face of religious and military activists. Rassundari Devi silenced under patriarchal norms and a life burdened with duty and responsibilities which eventually made her acquire a greater strength to become a lettered woman. The paper presents striking similarity in the status of women from two different time zones who fought for their rights and carved a niche for themselves as liberated women. They emerged successful in terms of their courage and determination by seeking live of equality and freedom.

scholarly journals Tools for Regulating Women’s Rights

2021 ◽  
Vol 8 (1) ◽  
pp. 11-18
Author(s):  
Gabriela Nemtoi
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
Council Of Europe ◽  
Cultural Rights ◽  
The Status ◽  
Civil And Political Rights ◽  
Gender Based ◽  
New Perspective ◽  
Status Of Women

Acts that that guarantee the specific rights of women are various national regulations on conventions and instruments of international and European law. Several international legislative instruments - conventions involving obligations for acceding states, as well as political declarations of universal value - prohibit the gender-based exclusion from the exercise of all rights of any individual but especially of women. One such instrument is the Universal Declaration of Human Rights as well as the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and other conventions of this organization, in particular the Convention on the Elimination of All Forms of Discrimination against Women. However, there are several Conventions of the International Labour Organization in this area, or Action Plans approved at the last major UN conferences, especially those dedicated especially to the situation of women that took place in Beijing in September 1995. The current situation has shown that women are a product that imposes protection against discrimination of any kind. The status of women through the new regulations now opens a new perspective. There are currently regional instruments, in particular those of the Council of Europe - the European Convention on Human Rights - that prohibit discrimination based on sex.

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