The Nexus Between Human-Rights-Based Approach and Intergovernmental Fiscal Transfers for Sustainable Development

Author(s):  
Solomon Negussie

The ultimate objective of intergovernmental transfer is to enable each level of government to respect, protect, and fulfill social, economic, cultural, and political rights. As a result, human rights should be embodied as a central element in government budget reflecting revenue allocation and expenditure priorities. However, the economic rationales may not be fulfilled due to tax collection inefficiency, a sense of “free-ridership,” or fiscal profligacy leading to regional development imbalances. Moreover, important principles embodied in human rights such as participation, accountability, and empowerment of marginalized groups could be sidelined. This chapter analyzes the conceptual and practical underpinnings of transfer programs in Ethiopia and the need to address human rights to achieve development in an integrated manner. The study further argues that the nexus between human-rights-based approach (HRBA) and fiscal transfers is compatible with a federal system in an effort to address regional development asymmetries.

Author(s):  
Solomon Negussie

The ultimate objective of intergovernmental transfer is to enable each level of government to respect, protect, and fulfill social, economic, cultural, and political rights. As a result, human rights should be embodied as a central element in government budget reflecting revenue allocation and expenditure priorities. However, the economic rationales may not be fulfilled due to tax collection inefficiency, a sense of “free-ridership,” or fiscal profligacy leading to regional development imbalances. Moreover, important principles embodied in human rights such as participation, accountability, and empowerment of marginalized groups could be sidelined. This chapter analyzes the conceptual and practical underpinnings of transfer programs in Ethiopia and the need to address human rights to achieve development in an integrated manner. The study further argues that the nexus between human-rights-based approach (HRBA) and fiscal transfers is compatible with a federal system in an effort to address regional development asymmetries.


1970 ◽  
Vol 9 (1) ◽  
pp. 1-33
Author(s):  
Ana García Juanatey

This article examines the utility of the human rights-based approach (HRBA) in tackling environmental challenges that face achievement of the right to food in coming decades. So far, such approach has been quite useful in the consideration of equity, discrimination and accountability issues. Nevertheless, the HRBA’s utility to tackle the effects of environmental degradation, natural resources depletion and climate change on food security is not that clear, as human rights law and practice has evolved in parallel with environmental concerns until recently. Therefore, this article poses the following question: is the human rights-based approach to food security sufficient to address the environmental problems and constraints that infringe directly on the right to food implementation? And, how can we integrate the needs of future generations in current human rights-based policies and deal with the tradeoffs between present and future needs? This article examines how last years’ international legal literature has portrayed the linkages between the environment and human rights, principally in relation to the right to food. Moreover, it also intends to explore possible avenues of convergence, pinpointing opportunities to connect the right to food and sustainable development in the context of the 2030 Agenda. In more concrete terms, it suggests that a greater integration between the right to food and a set of principles of sustainable development law may open new avenues for research and advocacy on the right to food.Keywords: Human Rights, Environment, Right to Food, Human Rights- Based Approach, Sustainable Development, Sustainable Development Law


2021 ◽  
pp. 210-225
Author(s):  
Bartosz Sobotka ◽  
Iwona Florek

The article presents the genesis of human rights of the different generations in the aspect of development, describes the role and place of human beings in the context of technological change and competence mismatch as a challenge for the education system. The aim of the article is to consider the essence of understanding the content of human rights and in particular the right to education in the context of changing realities and changing competence needs under VUCA conditions. The research hypothesis is the claim that currently the understanding of the content of human rights is less and less adapted to the labile reality. The article contains a recommendation to start an international debate on the elaboration of a new international document (successor to the Sustainable Development Goals), the central element of which should be the partnership for education (Education Alliance 2050).


2018 ◽  
Vol 35 ◽  
pp. 11-39 ◽  
Author(s):  
Saleh Al-Sharieh

The Copyright Act includes a set of copyright infringement exceptions that permit the unauthorized use of copyrighted works in order to serve public interest objectives. The Supreme Court of Canada liberally interpreted these exceptions as “users’ rights” by relying on the purpose of the Act, understood as a balance between the authors’ right to be rewarded for their works and the public interest in the dissemination and use of works. The utility of copyright balance to safeguard users’ rights is uncertain. The Act does not explicitly adopt “balance” as a purpose. National and international copyright law traditionally recognize the users’ side in the copyright law balance in copyright exceptions and limitations. And, in copyright law discourse, different stakeholders propose and defend conflicting forms of balance. Therefore, the paper argues that a human rights-based approach to copyright exceptions is more persuasive in justifying their interpretation as users’ rights. Copyright users’ rights mirror the content of the human rights to participate in culture, education, and freedom of expression, which Canada is obliged to implement as a State Party to the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. The proposed approach would align the discourse with key elements of Canadian jurisprudence: (1) human rights as reinforcers of the rule of law; (2) international human rights law as an interpretive tool for Canadian courts; and (3) the need to interpret Canadian legislation in a manner that does not breach international obligations.


Author(s):  
V. V. Komarova

The article covers the activities of the Commissioner for Human Rights in the Russian Federation in the field of political rights. The current dynamic of the institution of political rights is emphasized not only by increasing the powers to exercise constitutionally enshrined political rights and by numerically increasing of the group studied, but also by broadening their objectives, for example, maintaining trust in authority. The author concludes that the prevention of risks in the field of political rights through legal education in the field of human rights, raising the level of legal awareness of citizens today is a relevant and necessary activity of the Commissioners for Human Rights in Russia. Ultimately, their educational activities — at first glance, indirect in terms of political rights, should be aimed at restoring confidence in public authority. Trust is the base for the sustainable development of the Russia and civil society, which is the basis for an active living position, manifested primarily in the field of political rights. On the base of the analysis of sectoral legislation, was formulated proposals for its reform and directions of activities within the stated topic.


2020 ◽  
Vol 12 (10) ◽  
pp. 4179
Author(s):  
Doanh-Ngan-Mac Do ◽  
Linh-Khanh Hoang ◽  
Cuong-Minh Le ◽  
Trung Tran

Seventeen sustainable development goals (SDG) by the United Nations in its 2030 Agenda have been nationalized and implemented in Vietnam. One of the country’s priorities is making educational provision accessible to all of its residents, especially for marginalized groups, while enforcing their human rights. In this context, this article examines the implementation of SDG4 (quality education) in combination with the practice of human rights for ethnic minorities in Vietnam. With access to jurisprudence, this research provides a detailed assessment of the compatibility between SDG targets and the legal rights to education of ethnic minorities. Additionally, this research employs an exploratory method to investigate the four major conditions for the implementation of quality education for ethnic minorities, namely legal–political, economic, socio-cultural factors, and participation pride. We also investigate three main barriers that hinder SDG4 implementation and human rights practices, namely child labor, language, and gender inequality. The contribution of this study is necessary for establishing more informed strategies and policies towards sustainable development in education for multi-ethnic countries.


2017 ◽  
Vol 66 (2) ◽  
pp. 209-225 ◽  
Author(s):  
Farhan Navid Yousaf

This article situates forced migration amid intersections of burgeoning human insecurities that force increasing numbers of people to leave their homes and become susceptible to exploitation. Drawing upon data on trafficking in Pakistan, the author argues that marginalized groups often go through multiple migrations that can include episodes of trafficking for sex, labor, or other purposes. The disjuncture between policies and realities on the ground, and the trend of current interventions do little to address the human security of these migrants. The article emphasizes that the human security frame provides a more nuanced human rights-based approach to analyze this form of migration and address the root causes and risks associated with the forced displacement of people.


Author(s):  
Magdalena Sepúlveda Carmona ◽  
Kate Donald

This chapter will critically address the contribution of a human rights-based approach in addressing persistent poverty. Using the commitments of the Sustainable Development Goals (SDGs) as a lens, it will examine how a human rights approach should influence the conceptualization and measurement of poverty, and the policies and financing instruments used to tackle it. The authors examine several crucial policy and action areas, such as social protection, gender equality, fiscal policy, improving participation and accountability, and contrast the prevailing ‘traditional’ development approach with an approach grounded in human rights. It asks how far we have come in changing the paradigm and what are the crucial actions needed to realize the ‘transformation’ envisaged in the SDGs, including the elimination of extreme poverty.


Author(s):  
Marks Stephen P ◽  
Han Alice

This chapter examines the evolution of sustainable human development as central to health governance, drawing on international human rights norms and standards to establish a human rights-based approach to development. The progression of economic development theories and the international development agenda has led to a discernible paradigm shift in considering development to be a human right. This right to development holds promise in contributing to global health and influencing the Sustainable Development Agenda—positing a rights-based approach to international development cooperation. Bilateral and multilateral development policies and practices have begun to make some progress in implementing a human rights-based approach to development, but the mutually reinforcing goals of health, human rights, and development must be integrated in governance. Global health governance stands to benefit from applying a human rights framework for sustainable human development, yet obstacles remain in realizing the health-related Sustainable Development Goals and advancing the right to development.


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