The Grounds of Climate Justice

2019 ◽  
pp. 41-57
Author(s):  
Alix Dietzel
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Right To Health ◽  
Free Movement ◽  
Climate Justice ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
The Right

Chapter Two defines the grounds of climate justice. Defining the grounds of justice is a key task for any climate justice account because it allows readers to understand what must be normatively prioritised. The grounds of justice in this sense represent the moral underpinnings of the climate justice account, a normative subfloor that must not be crossed. The chapter makes the case for using the human right to health as the non-relational moral minimum that grounds the climate justice position. Chapter Two puts forward that the human right to health provides a strong foundation for a climate justice because it captures the threats climate change poses to humans more comprehensively than other key human rights, including the right to food and water, the right to life, and the right to free movement.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

The Politics of Chronic Hunger

2020 ◽  
pp. 1-12
Author(s):  
Michelle Jurkovich
Keyword(s):  
Human Rights ◽  
Alternative Model ◽  
Human Right ◽  
Right To Food ◽  
The Right ◽  
Human Right To Food

This chapter focuses on one case of an economic and social right, the right to food. It mentions the development of an alternative model of advocacy, called the buckshot model, which explains the trajectories of campaigns in terms of the right to food. It also discusses international anti-hunger activism, which cites the fore advocacy surrounding the human right to food. The chapter emphasizes how the fulfillment of other human rights is either impossible or substantively meaningless without the realization of the right to food. It points out that more people die from hunger and related causes globally than in all wars, civil and international, combined.

The right to health supports global public health

2021 ◽  
pp. 273-290
Author(s):  
Carmel Williams ◽  
Alison Blaiklock ◽  
Paul Hunt
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Human Rights ◽  
Public Health Practice ◽  
Right To Health ◽  
Global Public Health ◽  
Health Issues ◽  
Supportive Relationship ◽  
The Right ◽  
Overseas Development

In this chapter, we explain how human rights, including the right to health, are important for global public health. We introduce key human rights concepts and principles, and illustrate three approaches to the right to health: judicial, policy, and empowerment. We propose that human rights and public health are natural allies with a complementary and supportive relationship. We describe the meaning of the right to the highest attainable standard of health and its place in international, regional, and national laws. We outline ten key elements of the right to health and how the right can be operationalized in public health practice. We demonstrate this with two case studies of critically important global public health issues—climate change and children’s health, and overseas development assistance—as well as one of an emerging challenge in health, the digitization of health through Big Data.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

scholarly journals Non-lethal weapons

2017 ◽  
Vol 38 (2) ◽  
pp. 831-853
Author(s):  
Elisabeth Hoffberger
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Right To Health ◽  
Human Rights Law ◽  
Right To Life ◽  
Geneva Conventions ◽  
Military Objective ◽  
Principle Of Proportionality ◽  
The Right ◽  
The Military

If thinking about weapons, one generally thinks about lethal technology. However, an abundance of so-called non-lethal weapons, a technology not aimed at killing but merely incapacitating the human target or military objective, is also being deployed both within and outside the ambit of armed conflict. Since non-lethal weapons do not necessarily implicate a zero chance of mortality, but often lead to severe wounds and tremendous suffering, the use and deployment of such weapons raise strong humanitarian and human rights concerns. The prohibition to cause superfluous injuries and unnecessary suffering, as well as the prohibition of indiscriminate attacks are, amongst others, one of the most relevant provisions potentially having an influence on the deployment of nonlethal technology in armed conflict. However, the invocation of the principle of proportionality may lead to the justification of the use of non-lethal weapons on the grounds that the military advantage anticipated was greater than the human suffering caused. Insofar, one must ask whether there is a “red-line”; where the almost inflationary invocation of the principle of proportionality may defeat the object and purpose of the Geneva Conventions and therefore render the deployment and use of non-lethal technology illegal. Apart from the battlefield, non-lethal weapons are also being deployed in lawenforcement scenarios, where human rights law plays a pivotal role. In this regard, one must not look merely at the prohibition of torture and inhuman or degrading suffering and the right to life but also at the right to health, a presumably underestimated principle curbing and shaping the use of non-lethal technology outside the ambit of armed conflict.

scholarly journals Aproximación a la regulación y contenido del derecho a una alimentación adecuada

2018 ◽  
pp. 183 ◽  
Author(s):  
Juan Manuel Goig Martínez
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Right ◽  
Public Authorities ◽  
Right To Food ◽  
The Public ◽  
Guiding Principle ◽  
Derechos Humanos ◽  
Adequate Food ◽  
The Right

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.

scholarly journals The CLIMATE CHANGE IMPACT ON THE HUMAN RIGHT TO ENVIRONMENTAL CONDITIONS OF A SPECIFIED QUALITY (SAFE, CLEAN, HEALTHY AND SUSTAINABLE ENVIRONMENT): SOME INTERNATIONAL ENVIRONMENTAL LAW ISSUES

2019 ◽  
Vol 36 (1) ◽  
pp. 93-112
Author(s):  
Olha Sushyk ◽  
Olena Shompol
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Environmental Conditions ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ghg Emissions ◽  
Environmental Safety ◽  
Human Right ◽  
Human Environment ◽  
The Right

This article discusses recognition between climate change and human rights at the international level. The analysis shows that despite the UN climate change framework does not adequately address the magnitude of the threat posed by climate change related harm to human rights, domestic, regional or international courts must take account of its provisions in deciding cases. The article argues that the causes for climate cases are diverse, whereby the most often ones are those referring to the competent public authority’s failure to fulfil its obligation to regulate limitations of the greenhouse gas (GHG) emissions.  Further identify the links between human rights and environmental protection, were apparent at least from the first international conference on the human environment, held in Stockholm in 1972. More broadly, it demonstrates international environmental agreements, were some aspects of the right to environmental conditions of a specified quality are identify.  This article discusses also theoretical issues of individual environmental rights and the right to environmental safety in Ukraine. Keywords: climate, human rights, environmental, Ukraine

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