scholarly journals International standards for the prevention of the ill-treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19) pandemic

2021 ◽  
pp. 5-8
Author(s):  
Khrystyna YAMELSKA

The paper examines international standards for the prevention of ill-treatment of persons deprived of their liberty in the context of the COVID-19 pandemic in the member states of the Council of Europe. The Committee's Statement of principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (Covid-19) pandemic has been analyzed. The paper identifies the positive obligations of the state in the field of guaranteeing human rights, namely legal, practical and derivative means. The responses of Member States to a number of questions that have been the subject of CPT recommendations for many years have been examined. The absolute nature of the prohibition of torture and inhuman or degrading treatment or punishment, which is an imperative of international law, is revealed. The basic principle must be to take all possible action to protect the health and safety of all persons deprived of their liberty. The paper defines the following principles: 1. WHO guidelines on fighting the pandemic as well as national health and clinical guidelines consistent with international standards must be respected and implemented fully in all places of deprivation of liberty. 2. Staff availability should be reinforced, and health and safety protection as well as training necessary in order to be able to continue to fulfil their tasks in places of deprivation of liberty. 3. Any restrictive measure taken vis-à-vis persons deprived of their liberty to prevent the spread of Covid-19 should have a legal basis and be necessary, proportionate, respectful of human dignity and restricted in time. 4. Alternatives to deprivation of liberty. 5. Special attention will be required to the specific needs of detained persons with particular regard to vulnerable groups and/or at-risk groups, such as older persons and persons with pre-existing medical conditions. 6. Restrictions on contact with the outside world, including visits, should be compensated for by increased access to alternative means of communication (such as telephone or Voice-overInternet-Protocol communication). 7. Respect of the right to maintain adequate personal hygiene (including access to hot water and soap) and the right of daily access to the open air (of at least one hour). 8. Fundamental safeguards against the ill-treatment of persons in the custody of law enforcement officials (access to a lawyer, access to a doctor, notification of custody) must be fully respected in all circumstances and at all times.

BMJ Open ◽  
2017 ◽  
Vol 7 (8) ◽  
pp. e016638 ◽  
Author(s):  
Dena Javadi ◽  
Etienne V Langlois ◽  
Shirley Ho ◽  
Peter Friberg ◽  
Göran Tomson

IntroductionGlobal insecurity and climate change are exacerbating the need for improved management of refugee resettlement services. International standards hold states responsible for the protection of the right of non-citizens to an adequate standard of physical and mental health while recognising the importance of social determinants of health. However, programmes to protect refugees’ right to health often lack coordination and monitoring. This paper describes the protocol for a scoping review to explore barriers and facilitators to the integration of health services for refugees; the content, process and actors involved in protecting refugee health; and the extent to which intersectoral approaches are leveraged to protect refugees’ right to health on resettlement, especially for vulnerable groups such as women and children.Methods and analysisPeer-reviewed (through four databases including MEDLINE, Web of Science, Global Health and PsycINFO) and grey literature were searched to identify programmes and interventions designed to promote refugee health in receiving countries. Two reviewers will screen articles and abstract data. Two frameworks for integration and intersectoral action will be applied to understand how and why certain approaches work while others do not and to identify the actors involved in achieving success at different levels of integration as defined by these frameworks.Ethics and disseminationFindings from the scoping review will be shared in relevant conferences and meetings. A brief will be created with lessons learnt from successful programmes to inform decision making in design of refugee programmes and services. Ethical approval is not required as human subjects are not involved.Trial registration numberRegistered on Open Science Framework athttps://osf.io/gt9ck/.


2019 ◽  
Vol 19 (2) ◽  
pp. 179-188
Author(s):  
Masoumeh Imanian ◽  
Siyamak Tahmasebi ◽  
Akbar Biglaryan ◽  
Kianoush Abdi ◽  
Robab Teymouri ◽  
...  

Children are one of the most vulnerable groups in societies and promoting their health and safety in school should be one of the goals of education systems. Evaluating the current status of schools is the first step toward the prevention of crises in schools and coping with them. The present study investigates the health and safety status of non-public primary schools in Tehran. The present cross-sectional, descriptive-analytical study was conducted on a statistical population of non-public primary schools in Tehran, including 65 schools that were selected through multistage cluster sampling. The study tool was the School-Age Care Environment Rating Scale (SACERS), which was completed by the researcher upon observing the current status of schools, and a statistical analysis was then carried out in SPSS-23 using deductive analysis with the single-sample t-test and the cumulative percentage analysis. The results obtained showed that the schools met the required standards in indicators including health policies, safety policies, emergency conditions and personal hygiene; however, they lacked these standards in indicators including health measures, safety measures, attendance, departure and meals/snacks. In general, there was a significant difference between the mean health and safety indices in the schools and the required standards (t=-8.19, P<0.001), and the schools did not meet the required health and safety standards in view of the size of the mean difference. Regarding the role of supervisory authorities and attitudes of staff and parents related to educational environment, it seems that schools need to improve and resolve their deficiencies in various dimensions of health and safety in order to be ready to deal with emergencies. Assessments can be carried out in schools in the form of periodical self-evaluations to improve their performance. In this process, the school environment provides a safer and more enjoyable way for children to learn and create a sense of belonging to the school.


2020 ◽  
Vol 21 (2) ◽  
pp. 195-236
Author(s):  
Ratna Juwita

Abstract The establishment of the Association of Southeast Asian Nations (asean) Community in 2015, marked a milestone of progressive regionalisation in the Southeast Asia region. The asean Intergovernmental Commission on Human Rights (aichr) and asean Commission on the Promotion and Protection of the Rights of Women and Children (acwc) were designated as pivotal organs to strengthen the realisation of the right to education as part of the rights guaranteed in the asean Declaration of Human Rights. The asean Political-Security and Socio-Cultural communities recognise the importance of human rights. This research analyses the realisation of the right to education by the asean member states. The Concluding Observations from international human rights monitoring organs are explored to describe the empirical situation of each member state. Subsequently, this article scrutinises the aichr and acwc within the framework of the asean community and critically assesses the realisation of the right to education under the works of the aichr and acwc. This article concludes the realisation of the right to education in asean is still challenging due to the problems of, inter alia, low allocation of resources in the education sector, high illiteracy and drop-out rates, gender discrimination in the non-traditional study program and access to quality education, especially for vulnerable groups. The aichr and acwc have not yet formulated specific formal instruments to address these situations. Since their respective establishment only a minor contribution has been made to advance the realisation of the right to education in the asean community. In order to protect the right to education, the aichr and acwc have to be strengthened institutionally and financially. It is also necessary to empower the aichr and acwc by a quasi-legal authority to assess and inquire the asean member states’ human rights’ performance. This step is a necessary for the aichr and acwc to make a tangible contribution to the realisation of the right to education in asean.


2021 ◽  
Vol 6 (26) ◽  
pp. 48-60
Author(s):  
Aminuddin Mustaffa ◽  
Cherifi Noura ◽  
Md. Mahbubul Haque

The migration of people to other countries in search of employment is a common phenomenon that has occurred throughout history. While migration is a positive and empowering experience, migrant workers can be vulnerable to human rights violations. In this context, international laws have provided the international legal framework on the rights of migrant workers. Among the fundamental rights of migrant workers is the right to occupational health and safety within which a worker is expected to perform his job. This paper aims to examine the right of migrant workers to occupational health and safety in light of international standards and Malaysian laws. It adopts qualitative research of doctrinal and comparative nature. It will examine the adequacy of current laws in recognizing and protecting the rights of migrant workers to occupational safety and health with reference to the standards set by the international instruments. The paper also attempts to identify factors that contributed to the high number of occupational accidents. The paper concludes that the current Malaysian laws provide a specific legal framework that aims to protect the right of migrant workers to occupational health and safety. However, non-compliance with law requirements and lack of enforcement has contributed to the high number of occupational accidents. In conjunction with that, the paper provides recommendations towards improving the Malaysian legal framework on occupational health and safety.


2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.


2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.


Author(s):  
Florian Matthey-Prakash

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.


Author(s):  
Seyedeh Samaneh Miresmaeeli ◽  
Nafiseh Esmaeili ◽  
Sepideh Sadeghi Ashlaghi ◽  
Zahra Abbasi Dolatabadi

Abstract Background: Exceptional children, like other children, have the right to be educated in a safe environment. Disasters are considered as serious issues regarding safety and security of educational environments. Following disasters, vulnerable groups, especially children with handicaps and disabilities are more likely to be seriously injured. Thus, the present study aimed to evaluate the safety and disaster risk assessment of exceptional schools in Tehran, Iran. Method: The cross-sectional study was conducted in exceptional schools in Tehran, 2018. First, 55 exceptional schools in all grades were selected based on census sampling method and evaluated by using a checklist designed by Tehran Disaster Mitigation and Management Organization (TDMMO) and Ministry of Education in 2015. The data were analyzed using Excel software and statistical descriptive tests. Result: Based on the results, school facilities are worn and have unsafe elevators (least safety: 7.69%), yards (least safety: 9.52%), laboratories (least safety: 16.67%), libraries (least safety: 24.24%), fire extinguishing systems (least safety: 28.99%), and storage rooms and kitchens (least safety: 33.33%) which require immediate considerations. In total, the safety of exceptional schools in this study was 70.13%, which suggests medium-risk level. Conclusion: The educational settings must be reconsidered, along with identifying the risk and safety at school. In addition, a standard should be established for evaluating safety, especially in exceptional schools.


Sign in / Sign up

Export Citation Format

Share Document