Human Rights Literacy (HRL) to Promote and Sustain Attitudes and Behaviours Supportive of Social Justice

2022 ◽  
pp. 159-184
Author(s):  
Chaminda Chiran Jayasundara

This chapter explores what Human Rights Literacy (HRL) involves and how it establishes and develops improved rights of the citizens supportive to social justice in the society. People with different cultural backgrounds have the fundamental right to be literate members of society. However, due to various cultural influences, this right is somewhat restricted to certain individuals. For example, girls' education has become controversial in some lands. There are still instances in some cultures where people of all walks of life, such as LGBTI, Blacks, Indigenous people, migrants, etc., are helpless in the face of their rights. Thus, legal literacy and its unique component of human rights literacy are essential to ensure the protection of human rights. A theoretical framework is eventually drawn up by summarising the findings of the study.

Author(s):  
Giulia Sajeva

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.


Author(s):  
I Ketut Cahyadi Putra

The State of Pancasila Law essentially stems from the principle of kinship, deliberation of consensus based on customary law, and protection of human rights with the principle of balance between the rights and obligations and the function of the law of auxiliary. As contained in the Fifth Precept of Pancasila that is social justice for all Indonesian people, and the opening of the 1945 Constitution of the Republic of Indonesia related to the phrase "advancing public welfare" is the basic formula of welfare state ideology then manifested into the constitution of the state of Indonesia to be made Guidance of nation life and state administration. Negara Hukum Pancasila esensinya berpangkal pada asas kekeluargaan, musyawarah mufakat berlandaskan hukum adat, dan perlindungan hak asasi manusia dengan prinsip keseimbangan antara hak dan kewajiban dan fungsi hukum pengayoman. Sebagaimana yang terkandung dalam Sila Kelima Pancasila yaitu keadilan sosial bagi seluruh rakyat Indonesia, dan pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 terkait frase “memajukan kesejahteraan umum” merupakan rumusan dasar ideologi welfare state kemudian dimanifestasikan ke dalam batang tubuh konstitusi negara Indonesia untuk dijadikan pedoman hidup berbangsa dan penyelenggaraan kenegaraan.


Author(s):  
Irina Ichim

This chapter explores developments in the protection of human-rights in Kenya post-2002 by examining three interconnected issues: changes in the social and political landscape and how these created or constrained opportunities for activism; changes in the relationship between the state and the human-rights sector, but also within the human-rights sector; and evolving patterns of (non-)state repression of activism. The chapter shows that, against the background of a complex historical experience, and with the help of Kenya’s 2010 Constitution and a reformed judiciary, the human-rights sector in Kenya has grown into a staunch and able defender of civic space in the face of recent government assaults. However, government propaganda and the sector’s institutionalization simultaneously coalesce to disconnect the sector from the public. Coupled with divisions between professional and grassroots defenders, this disconnect risks limiting the sector’s ability to build on the momentum presented by recent achievements.


2004 ◽  
Vol 32 (2) ◽  
pp. 461-473 ◽  
Author(s):  
John Akokpari

In spite of being signatories to the United Nations Charter and the African Charter on Rights, human rights abuses are rife in African countries. The democratic wave that swept across Africa in the early 1990s and witnessed the demise of many authoritarian regimes only minimised the practice of human rights violations; it did not abate it. There are still reports of opposition activists being jailed without trial for daring to seek level playing fields in politics; journalists being detained or sometimes forced into exile for daring to expose corruption in high places; academics being threatened with arrests for daring to write about mis-governance; workers being dismissed for attempting to unionise or to ask for better remuneration in the face of currency devaluations and inflation. There are countless instances of gross human right abuses, which cannot be recounted here because of time constraints. In some instances, the state has completely failed to promote peace, welfare and private property. Perhaps it is appropriate to describe these states as “failed states.” They are failed states because in spite of maintaining law and order, they are unable to perform their traditional functions, including the protection of human rights.


2021 ◽  
Vol 4 (4) ◽  
pp. 148-162
Author(s):  
Wellington Boigues Corbalan Tebar ◽  
Edinilson Donisete Machado

This paper aimed to analyze, in general, the situation of migrants and refugees in the face of the adversities generated by the pandemic of COVID-19. During this period, the vulnerability of these groups of people was noted, either by the exclusionary behaviors of the society in which they are inserted, or by the measures taken by the governments to contain the impacts of the disease, as well as mitigation of its effects. To this end, data were presented, referring to the main impacts generated by the health crisis, as well as recommendations for National States to develop adequate response plans. It was found that the situation in the refugee camps is also worrying. The confinement of several people, in the same place, whose number often exceeds the occupation capacity, added to the precarious conditions of health, hygiene and basic sanitation, facilitates the spread of the virus, becoming easy targets of the disease. That is why it was concluded that, as the situation of vulnerability worsens, due to the evolution of the pandemic, so much more effective must be the responses to be given by national governments to guarantee human rights to this group of people. The research took, as a reference, official documents prepared by international organizations (global and regional level) for the protection of human rights. And the exploratory-descriptive method was used, with a qualitative approach, as official documents were analyzed, prepared by international organizations (at global and regional level) for the protection of human rights.


Author(s):  
Sue Clayton ◽  
Anna Gupta ◽  
Katie Willis

This chapter draws together themes emerging from the preceding chapters, as well as identifying policy recommendations. It starts by highlighting the insights drawn from the cross-disciplinary approach adopted in the book. It then moves on to stress the social justice and human rights perspective, including the implications of how unaccompanied asylum-seeking children are framed by the authorities that are dealing with their cases. It discusses the need to acknowledge and support young people in exercising their agency, albeit within the confines of structural inequalities. The chapter then provides policy recommendations including the implementation of current laws and guidelines, and a review of age assessment processes. The chapter concludes with examples of new practices and new critical thinking that have emerged in the face of challenges associated with supporting unaccompanied young migrants in recent years.


2004 ◽  
Vol 48 (2) ◽  
pp. 165-186 ◽  
Author(s):  
Amanda Lloyd ◽  
Rachel Murray

The transformation of the Organization of African Unity (OAU) into the African Union (AU) has been the subject of some, albeit limited, debate. The role that the promotion and protection of human rights will play in the AU appears, on the face of the various documents, to be an important consideration, yet which organs will have responsibility in ensuring their implementation is still not clear. This article aims to discuss the framework of and relationship between the institutions established under the auspices of the OAU and how these have changed since the transformation to the AU. It argues that insufficient attention has been paid to ensuring a coherent and integrated approach to human rights across the Union. Organs such as the African Commission and the new African Court of Human and Peoples' Rights, however, have huge potential to influence the way forward.


Author(s):  
Solomon T. Ebobrah ◽  
Victor Lando

This chapter argues that Africa’s international courts are involved in a new supranational constitutionalism that is anchored outside national constitutions. The value of Africa’s international courts, the chapter argues, lies more in their potential to promote constitutional justice in the long term through direct and indirect impact than in delivering individual justice in the short term. The chapter focuses on two courts: the East African Court of Justice (EACJ) and the Community Court of the Economic Community of West African States (ECOWAS Court). The chapter argues that the EACJ has mainly acted as a declaratory human rights court while the ECOWAS Court has operated as a protective (executory) human rights court. The authors argue using cases from the EACJ and the ECOWAS Court that international law as produced in the judgments of international courts can be, and are useful even in the absence of clear compliance. In doing so, the chapter presents the following four roles of sub-regional courts in Africa: flagging violations and acting as early warning systems, expanding the normative and institutional scope and protection of human rights, progressing norm development, and setting the boundaries of acceptable behavior. By emphasizing these roles, the chapter shows that even in the face of apparently low levels of judgment compliance, the impacts of litigation activities before those courts contributes to what it terms constitutional justice.


Author(s):  
Michael Zürn

The contestation of inter- and transnational institutions does not necessarily lead to the decline of the global governance system. Against this backdrop, this chapter attempts to systematically demonstrate the possibility of substantial reform in the face of societal pressure. In doing so, it focuses on IOs that increasingly introduce provisions for the protection of human rights. Its goal is to examine the conditions under which the authority–legitimation link can deepen global governance in reactive sequences involving non-state actors and how this can play out in different pathways. The argument will be exemplified in the field of human rights protection. One more causal mechanism, “reinforcement via politicization” (CMALL 2), will be examined for this purpose. The method used in this chapter can be described as comparative process tracing.


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