Ethiopia: The Environmental Aspects of Policy and Practice in the Ethiopian Floriculture Industry

2021 ◽  
Vol 50 (4-5) ◽  
pp. 373-390
Author(s):  
Belay Tizazu Mengistie

The floriculture sector is booming in Ethiopia, making the country the second largest flower exporter in Africa and one of the largest suppliers of flowers globally. Despite the enormous advantages of the Ethiopian floriculture industry to the country’s economy, the industry’s unsustainability related to environmental and human rights is growing. Failure to protect the environment can have profound negative impacts on long-term economic development and human rights, including the right to life, adequate food, water and housing. The floriculture industry has been identified as having the potential to grow and contribute positively to the agricultural transformation and economy of Ethiopia. Policy, laws and regulations play a vital role in the implementation of any regulatory objective. During the last decade, Ethiopia has developed many policies and laws that link to improving the environment, and the flower farm industry itself has adopted self-regulation and standards, enhancing the protection of workers and the environment. But there is increasing evidence that the economic benefits of the flower industry come at the expense of the environment. So, what is the impact of these State and non-State regulations on a safe and clean environment? This paper aims to analyse how, why and under what circumstances environmental policy implementation might work or fail, by investigating the challenges for the floriculture industry relating to the intensive use of pesticides and water, and inappropriate waste disposal in the policy implementation process. It is safe to say that Ethiopia has developed a lot of legislation on the environment but the challenge of effective monitoring and enforcement remains. This paper concludes with recommendations, based on the fact that the principles of environmental rights, the right to life and the right to development cannot be realised in the absence of the right to a healthy environment.

2007 ◽  
Vol 8 (3) ◽  
pp. 231-253 ◽  
Author(s):  
Dimitris Xenos

In the liberal tradition, there has always been scepticism about the state's involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has not prevented violations of human rights, to which a high constitutional importance is attached, other arrangements have to be provided. In the system of the European Convention of Human Rights (hereinafter the Convention), positive obligations are imposed engaging the state in the active protection of human rights. The need to protect human rights against the hazards of industry has been the main issue in the case of Öneryildiz v. Turkey, in which, for the first time in the jurisprudence of the European Court of Human Rights (hereinafter the Court), a claim under the right to life (Article 2 of the Convention) has successfully been asserted in the context of industry.


Author(s):  
Manan Sailan ◽  
Irfana Lutia Ilyas

This study aims to determine the fulfillment of the implementation of the right to get a decent meal for inmates in prisons Class I Makassar, obstacles faced in the implementation of the correctional institution fulfilling the right to get a decent meal for inmates at the Correctional Institution Class I Makassar. To achieve these objectives, the technique of collecting data through observation, interviews, and documentation. Data obtained from the research that was processed using descriptive and qualitative analysis to determine compliance with the implementation of the right to adequate food in prisonsJurnal Supremasi ISSN 1412-517X95Class I Makassar. The results showed that: 1. Implementation of the fulfillment of the right to adequate food for prisoners in institutions pemasyaraktan class 1 Makassar has not been feasible. Prisoners often complain the food they consume less palatable to various reasons including less attention to food hygiene, flavors that are less and less balanced nutritional meal. Later in the implementation process of the fulfillment of the right to get a decent meal for inmates there are some things that are not in accordance with the procedures of the Decree of the Minister of Law and Human Rights No. M.HH-01.PK.07.02 Year 2009 on Guidelines for the Implementation of Food for People in Prison Correctional Patronage and the State Prison (Rutan). So that the implementation of the fulfillment of the right to get a decent meal for inmates under Act No. 12 of 1995 concerning Corrections has not done well. 2. Constraints faced by not performing well fulfillment of the right to get a decent meal for inmates Penitentiary Class 1 Makassar such a low budget so the impact on infrastructure facilities and inadequate infrastructure. Unavailability cook expert in Penitentiary and nutritionists to assess directly the served meals nutritious or not, so the impact on the poor quality of food and nutrition unbalanced diet. Then the capacity of prisons is not balanced by the number of prisoners is increasing (over capacity), which resulted in the implementation of the fulfillment of the right to get a decent meal is not maximized.


2020 ◽  
pp. 1-16
Author(s):  
Lily Hamourtziadou

How do we understand human security and casualty recording in the 21-century, our fundamental human rights and the importance of recording their violation? Human security and human rights are mutually reinforcing, as they identify the rights that need to be protected and recognise the ethical and political importance of securing the holders of those rights. Protecting human rights and upholding humanitarian law are essential to human security, which makes imperative the need to highlight the insecurity caused by armed conflict through assessing the impact on civilian life. Casualty recording bodies like Iraq Body Count have emerged, in order to record the toll the War on Terror took on those the Geneva Conventions called protected persons. The recognition of the importance of the right to life, security and liberty has placed great demands on governments and organisations to closely monitor and record human deaths from armed violence, and, by documenting those deaths in as much detail as possible, to give a human face to victims of war.


2011 ◽  
Vol 18 (4) ◽  
pp. 375-395 ◽  
Author(s):  
Brenda Daly

AbstractIn Ireland, Article 40.3.3° of Bunreacht na hÉireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother’s own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion.3 This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights’4 jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland,5 and A, B, and C v. Ireland,6 to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.


2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.


2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.


2020 ◽  
Vol 12 (2) ◽  
pp. 250-259
Author(s):  
Paul Gready

Abstract This essay attempts to capture the human rights implications of COVID-19, and responses to it, in the city of York (UK). Three human rights contributions are identified: ensuring that responses enhance dignity, the right to life, non-discrimination, and protect the most vulnerable; using human rights when balancing priorities and making difficult decisions; and optimizing the link between disease and democracy. The overarching aim is to localize and contextualize human rights in a meaningful way in the city, and thereby to provide meaningful guidance to the City Council and statutory agencies when implementing the difficult measures required by the pandemic, and to support civil society advocacy and monitoring. This work, led by the York Human Rights City (YHRC) network, illustrates the value of a localized ‘thick description’ of human rights and the multi-dimensional picture of challenges, innovations and solutions facilitated by such an approach.


2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.


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