scholarly journals FEATURES OF REALIZATION OF CONSTITUTIONAL ECONOMIC HUMAN RIGHTS FOR ENSURING A SUFFICIENT STANDARD OF LIVING FOR FAMILIES IN THE CONDITIONS OF FORMATION OF UNITED TERRITORIAL COMMUNITIES

2020 ◽  
Vol 1 (1) ◽  
pp. 41-48
Author(s):  
Ya. V. Zhuravel ◽  
Yu. V. Onishchyk
Keyword(s):  
Human Rights ◽  
Standard Of Living ◽  
Constitutional Economic

scholarly journals COVID-19 and the Human Rights of Nationals Abroad

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 317-321
Author(s):  
Guofu Liu
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Family Members ◽  
Right To Health ◽  
Standard Of Living ◽  
Work Permit ◽  
Rights Protection ◽  
The Right

The COVID-19 pandemic is having serious and disproportionate effects on nationals abroad and their families globally. Many states have adopted positive measures including temporarily suspending forced returns as well providing visa and work permit extensions, temporary residence, or other forms of regular status to ensure that migrants are accounted for in national responses to the pandemic. Nevertheless, the human rights of nationals abroad and nationals with foreign family members have faced significant challenges. Some states have fully or partially closed entry to all of their own nationals and their foreign family members, in violation of nationals’ right to return and their right of family unification. Other states’ nationals abroad have been unable to enjoy the right to an adequate standard of living and the right to health. Many have also encountered the burdens of hate speech in both their home states and the states in which they live, the effect of which has been to undermine freedom of opinion and expression and the right to equality and non-discrimination. This essay identifies and explains these threats to human rights in the era of COVID-19. The essay encourages states to recommit to rights protection.

scholarly journals QUALIDADE AMBIENTAL E URBANA NA HABITAÇÃO SOCIAL EM PRESIDENTE PRUDENTE -SP:O CASO DO CONJUNTO HABITACIONAL ANA JACINTA

2018 ◽  
Vol 2 (4) ◽  
pp. 48-60
Author(s):  
Fernanda Fonseca de Oliveira ◽  
Jean Guilherme Oliveira ◽  
Tiago Bonfim Dias ◽  
Mayara Pissutti Albano Vieira
Keyword(s):  
Quality Of Life ◽  
Human Rights ◽  
Social Services ◽  
Social Housing ◽  
Standard Of Living ◽  
Housing Complex ◽  
Quality Mark ◽  
The Right ◽  
The City

The right to suitable housing has become recognized and accepted by the international community since its inclusion in the Universal Declaration of Human Rights in 1948, whosetext, in its article 25, alleges that everyone has the right to an adequate standard of living for the family’s health and welfare, including food, clothing, medical care and the necessary social services. In Brazil, low constructive and architectural quality mark the production of social housing, culminating on the reduction of the beneficiary’s quality of life and environmental problems. Therefore, the present work aims to submit surveys and analysis of Ana Jacinta housing complex in the city of Presidente Prudente, São Paulo, in order to evaluate the environmental and urban quality of the units delivered to beneficiaries in the early 1990s. The methodology isbased in bibliographic and documentary surveys.

scholarly journals THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Second World War ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Social Rights ◽  
Political Rights ◽  
Protection Of Human Rights ◽  
The Right ◽  
Second World

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

scholarly journals To their Fullest Potential?

2014 ◽  
Vol 22 (3) ◽  
pp. 618-640 ◽  
Author(s):  
Gerry Redmond
Keyword(s):  
Human Rights ◽  
The State ◽  
Standard Of Living ◽  
Children's Education ◽  
Rights Of The Child ◽  
Children’S Education ◽  
Rights Issue ◽  
Children's Development ◽  
Children’S Development

In this paper a framework is proposed for conceptualising ‘fullest potential’ towards which, according to the Convention on the Rights of the Child (crc), children’s education should be directed (Article 29). Children’s development to their fullest potential is linked explicitly to their right to a standard of living adequate for their development (Article 27). The paper argues that focus on ‘fullest potential’ as a human rights issue exposes a tension between the rights of children, the obligations of parents to their children and the obligations of the state to support all children’s development.

scholarly journals Economic, social and cultural human rights in the context of preventing the spread of COVID-19 in Ukraine

2020 ◽  
Vol 77 (2) ◽  
pp. 156-163
Author(s):  
О. І. Зозуля
Keyword(s):  
Human Rights ◽  
Public Service ◽  
Social Protection ◽  
Standard Of Living ◽  
Effective Protection ◽  
State Of Emergency ◽  
Legal Principles ◽  
Scientific Cognition ◽  
Legal Nature ◽  
Safe Working

Anti-epidemic measures introduced in Ukraine to prevent the spread of COVID-19 include significant (though often implicit) restrictions on the implementation of economic, social and cultural human rights, where the issues of reasonableness and legitimacy require particular attention, when the state of emergency in Ukraine is not announced. Dialectical, formal and legal, comparative and legal, system and structural, logical and semantic and other methods of scientific cognition have been used to solve the set tasks. Theoretical provisions and legal principles of introducing and realizing guarantees and restrictions of economic, social and cultural human rights (rights to health care, safe working conditions, business activity, equal access to public service, education, sufficient standard of living, social protection, etc.) have been analyzed. in terms of preventing the spread of COVID-19 in Ukraine. The nature and features of the established anti-epidemic measures have been characterized. It has been determined that the lawful introduction of a number of reasonable and proportional restrictions on the implementation of economic, social and cultural human rights within the framework of preventive and anti-epidemic measures to prevent the spread of COVID-19 in Ukraine is justified in general by the interests of effective protection against this infectious disease. It has been established that some of the significant restrictions on the implementation of these human rights in connection with the COVID-19 pandemic in Ukraine are unsystematic and have contradictory legal nature, are insufficiently justified and proportionate to anti-epidemic goals, demonstrate the features of discrimination, are insufficiently specified in content and implementation procedure, as well as are not provided with additional guarantees for the realization of these human rights. The author has grounded the ways for improving the guarantees and restrictions on the implementation of economic, social and cultural human rights in terms of preventing the spread of COVID-19 in Ukraine, which primarily require a comprehensive regulation of the relevant law and timely updating of their content and the implementation procedure, orientation of anti-epidemic measures not on restricting human rights, but on establishing special conditions of their realization with observance of the strengthened sanitary rules; ensuring the balance of the minimum necessary restrictions on human rights among themselves and with sufficient guarantees for their implementation.

scholarly journals Analisis Tindakan Aborsi Terhadap Undang-Undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia

2020 ◽  
Vol 7 (9) ◽  
pp. 801-812
Author(s):  
Budiyanto Budiyanto ◽  
Siti Ngainnur Rohmah
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
High Risk ◽  
Child Protection ◽  
Child Neglect ◽  
Islamic Law ◽  
Health And Safety ◽  
Standard Of Living ◽  
Medical Emergencies ◽  
The Right

AbstractHuman life is sacred, so it must be maintained to continue his life. Taking the right of life of a person without error, then the law has killed all people including abortio). The abortion process is not only a process that has a high risk in terms of physical health and safety of a woman, but also has a very great impact on a woman's mental state. Human survival is very important as a nation's generation and it starts from the womb in the womb, whose rights should be fully respected and protected. The article purpose is to find out the review of Islamic Law on the phenomenon of child neglect and also review Law No. 39 of 1999 concerning human rights to the rights of life of children in the womb. The method use in this study is qualitative research with the library and empirical approach. Performing an abortion in the view of Islamic law is unlawful in principle, although there are exceptions that can to save the life of the mother due to medical emergencies is permissible under Islamic law and Law No. 39 of 1999 concerning human rights to the right of life of the fetus as stipulated since in the womb has the right to live, maintain life and improve the standard of living and from birth is entitled to a name and citizenship statusKeywords: Abortion, Human Rights, Child Protection. AbstrakKehidupan manusia itu suci, sehingga harus dipelihara kelangsungan hidupnya. Mengambil hak hidup seseorang tanpa kesalahan hukumnya sama dengan telah membunuh seluruh manusia, termasuk menggugurkan kandungan (aborsi). Proses aborsi bukan saja suatu proses yang memiliki resiko tinggi dari segi kesehatan dan keselamatan seorang wanita secara fisik, tetapi juga memiliki dampak yang sangat hebat terhadap keadaan mental seorang wanita. Kelangsungan hidup manusia sangatlah penting sebagai generasi bangsa dan itu dimulakan dari semenjak dalam kandungan, yang semestinya hak tersebut dihormati  dan dijaga dengan sepenuhnya. Penelitian  ini  menggunakan metode penelitian kualitatif dengan pendekatan kepustakaan dan empiris. Tulisan ini memaparkan  tinjauan Hukum Islam terhadap fenomena penelantaran anak dan  tinjauan Undang-undang No. 39 Tahun 1999 tentang HAM terhadap hak hidup anak di dalam kandungan. Hasil penelitian menyatakan bahwa melakukan tindakan aborsi dalam pandangan hukum Islam haram, namun ada pengecualian yaitu untuk menyelamatkan jiwa sang ibu karena kedaruratan medis,  dan Undang-undang No. 39 Tahun 1999 tentang HAM terhadap hak hidup janin menyatakan bahwa sejak dalam kandungan janin berhak untuk hidup, mempertahankan hidup dan meningkatkan taraf kehidupannya serta sejak kelahirannya berhak atas suatu nama dan status kewarganegaraan. Kata Kunci: Aborsi, HAM, Perlindungan Anak.

scholarly journals Constitutional aspects of decent wage

2021 ◽  
pp. 101-106
Author(s):  
V.I. Fridmansʹka
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Legal Regulation ◽  
The State ◽  
Standard Of Living ◽  
Decent Work ◽  
Legal Doctrine ◽  
Advantages And Disadvantages ◽  
Minimum Requirements ◽  
The Right

The article examines the legal nature of decent wages, assesses the concept of wages through the category of its dignity, fairness and sufficient and decent standard of living, as well as analyzes the advantages and disadvantages of legal regulation of decent wages. Fair and satisfactory remuneration in this study is considered as a guarantee of a dignified existence of the person and his family and is perceived in the context of fair working conditions. The analysis of the concept of a dignified life is analyzed through the prism of constitutional and legal doctrine in the context of the main duty of the state. To this end, the basic international and European standards for ensuring the fundamental human rights to a fair reward, a fair existence and a sufficient standard of living for individuals and their families are considered. The right to fair remuneration is considered through the constitutional provisions of determining the main direction of the state to ensure human rights and freedoms and decent living conditions, recognition of man, his life and health, honor and dignity, inviolability and security of the highest social value and the establishment and protection of human rights human freedoms as the main duty of the state. An analysis of the main legal positions of the court of constitutional jurisdiction on the issues of determining a sufficient and decent standard of living, a decent human life, the minimum requirements for living in conditions worthy of a person and protection from poverty. It is proved that the success of the implementation of the elements of decent work in Ukraine requires coordinated actions of the social partners on the way to guarantee a decent salary as an important factor in the concept of decent work. It is concluded that the concept of "decent pay" is still not established and is in constant development. No normative legal act of Ukraine mentions the concept of "decent pay", so there is an urgent need for its constitutionalization. It is not necessary to limit the wording only to the content of such a concept, but also to determine the conditions and guarantees of compliance, provision and protection.

On The Matter of Begging in Bulgarian Criminal Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Marieta Stavreva ◽  
Keyword(s):  
Human Rights ◽  
Fresh Water ◽  
Criminal Law ◽  
Criminal Policy ◽  
Public Spaces ◽  
Criminal Code ◽  
Standard Of Living ◽  
Financial Resources ◽  
Minimum Standard ◽  
Deviant Behaviour

The article addresses two major problems: poverty and begging. Poverty is a state or condition in which a person lacks financial resources and essentials for a minimum standard of living. The deprivation of access to fresh water, food or sanitation forces people into carrying out various life-sustaining activities in public spaces. One of these activities is begging on the streets. Unfortunately, begging has been socially stigmatised in numerous European countries, including Bulgaria, as immoral and deviant behaviour. In Bulgaria, begging has been criminalised under Art. 329, Para. 2 of the Criminal Code. Nevertheless, the issue lies in the fact that criminalising begging will not put an end to poverty. On the contrary, it threatens the existence and the exercise of fundamental human rights, which is why legislators should reconsider the criminal policy and eventually decriminalise begging.

10. Adequate standard of living

2017 ◽  
Author(s):  
Asbjørn Eide
Keyword(s):  
Human Rights ◽  
Standard Of Living ◽  
Health It ◽  
International Action ◽  
Special Obligations ◽  
Key Features ◽  
The Right ◽  
The Relationship ◽  
Normative Content

This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. It is organized as follows. Section 2 analyses the meaning and key features of the right to an adequate standard of living. Section 3 examines the normative content of this right and its components, namely, the rights to food, housing, and health. Section 4 explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people. Section 5 addresses the relationship between the right to an adequate standard of living and other human rights. Section 6 examines the question of progressive implementation of this right. Section 7 addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.

Art.28 Adequate Standard of Living and Social Protection

2018 ◽  
Author(s):  
Cremin Kevin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Dignity ◽  
Social Protection ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Persons With Disabilities ◽  
Cultural Rights ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 28 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the rights that persons with disabilities have to an adequate standard of living and to social protection. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights both recognize the right to an adequate standard of living. Similarly, Article 23 of the UDHR recognizes ‘the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection’. Evidence indicates, however, that these rights have not been effectively implemented for persons with disabilities. Article 28 aims to combat this injustice.

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