Perspectives on Economic, Social and Cultural Rights of Women in Azad Jammu and Kashmir: A Legal Analysis

Author(s):  
Sardar M. A. W. K. Arif ◽  
Tayyaba Bashir ◽  
Khushboo Fatima

This article focuses on women’s economic, social and cultural (ESC) rights in Azad Jammu and Kashmir (AJK). The Key human right issues concerning three ESC rights, namely education, employment and health, are targeted and discussed here. The article argues that towards fulfilment of its state-like national and international human rights obligations, AJK may progressively realize for its women population, its ESC rights through legal and policy measures. At the outset, the article discusses key human rights of women in the AJK, reflecting on both law and policy issues. While discussing the three rights mentioned above, the main focus remains on equality and non-discrimination. An analytical method is adopted to analyse relevant laws and policies. The article will, however, note deficiencies, if any, in the relevant laws and policies pertaining to the three targeted rights.

Author(s):  
Khan Ferdousour Rahman

The relationship between human rights and conflict is dynamic, complex, and powerful, constantly shaping and reshaping the course of both peace and war. The world was worried with the devastating effect of the World War II. The United Nations was formed out of the ashes of the war in 1945, putting respect for human rights alongside peace, security and development as the primary objectives. The Universal Declaration of Human Rights (UDHR) was also adopted in 1948 as a continuation of that obligation, which provided a framework for a series of international human rights conventions. Presently almost all the national legislations are influenced by these conventions. The modern system of international human rights treaties is based on the concept of universalism. Depending on the agency, human rights include civil and political rights, economic, social and cultural rights, development rights, and indigenous rights. However, what is or is not considered a human right differs from one nation to another (Fedorak, 2007).


Author(s):  
Dessie Donnelly ◽  
Joe Finnerty ◽  
Cathal O’Connell

This chapter describes the human rights-based approach to housing and analyses it from a critical social policy perspective. The first section outlines the importance of housing as a human right, the second explores the distinctiveness of housing and a third section provides a case study of a community advocacy group, Participation and the Practice of Rights (PPR), using international human rights instruments such as the UN International Covenant for Economic Social and Cultural Rights (ICESCR) to promote housing rights. Finally, the prospects and limits of a human rights-based approach to housing are discussed.


2012 ◽  
Vol 20 (4) ◽  
pp. 554-583 ◽  
Author(s):  
Debra L. DeLaet

Claims that genital autonomy should be considered a human right call into question medically unnecessary genital alterations, including genital cutting of both boy and girl children, the forced or coerced circumcision of adults, and surgical alterations performed on the genitals of intersex children prior to the age of consent. To date, global norms suggest only a narrow applicability of any right to genital autonomy. International organizations, states, and non-governmental organizations increasingly condemn genital cutting of girls and women but generally tolerate both the genital cutting of boys and men and the surgical alteration of the genitals of intersex children. In examining assertions that genital autonomy should be considered a human right, the article considers competing rights claims, including religious and cultural rights, parental rights, and contending perspectives on health rights. Ultimately, this article highlights the limitations of international human rights law as a tool for promoting a right to genital autonomy.


2018 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Sardar M.A. Waqar Khan Arif

This article focuses on legal perspectives of women’s social and economic status in Azad Jammu and Kashmir (AJK). The bulk of international human rights  instruments provide that human rights are available to ‘everyone’ as grounded in Universal Declaration of human rights (UDHR), (1948) and other human rights instruments. In relation to women, economic, social and cultural (ESC) rights are specifically grounded in UDHR, Women’s Convention and the International Covenant of Economic, social and cultural rights (ICESCR), (1966). In this context, this paper analyses relevant provisions of women’s rights in order to highlight obligations of AJK pertaining to protection of ESC rights. It discusses the ESC status of women with linkage to Millennium development goals (MDGs). It aims to discuss that what are socio-economic conditions of women in AJK? Is there any pattern of vulner-ability in this respect? In general, ESC rights are considered as mere aspirations and goals therefore the Maastricht guidelines are also formulated. The argument developed throughout article is that though AJK is not a State but is state-like entity and has its human rights obligations, in particular, ESC obligations for promotion and protection of women. The women in AJK are vulnerable and may be empowered by promotion of ESC rights. Keywords: ESC rights, women in AJK, human rights  


2021 ◽  
Author(s):  
Aleisha Ebrahimi

Abstract In recognition of the health benefits breastfeeding offers for both mother and child, breastfeeding has been acknowledged in various International Human Rights Law instruments. Furthermore, against the backdrop of aggressive formula milk marketing campaigns, significant soft law provisions contained within the International Code of Marketing of Breast-milk Substitutes 1981 regulate and control the promotion of breastmilk substitutes. Refugee camps, however, remain aligned with pre-code practice, as formula milk is often one of the first donations to arrive in camps. Mothers, who are still affected by historical formula marketing campaigns, receive formula milk and perceive its availability and distribution as an endorsement over breastfeeding. In this article, International Human Rights Law is analysed, within the framework of the principle of the best interests of the child, to determine if the choice to breastfeed should be protected as a human right and how the indiscriminate supply of formula milk interacts with this choice in refugee camps.


2020 ◽  
Vol 24 (5) ◽  
pp. 57-60
Author(s):  
B. S. Elger ◽  
F. Mirzayev ◽  
S. Afandiyev ◽  
E. Gurbanova

SETTING: Prisons are known to have extremely high tuberculosis (TB) and multidrug-resistant (MDR) and extensively drug-resistant (XDR) TB prevalence and poor treatment outcomes.OBJECTIVE: To examine the screening and M/XDR-TB treatment with new TB drugs in prisons from the perspective of international ethical and legal requirements.DESIGN: WHO recommendations on TB screening in prisons and M/XDR-TB treatment as well as the international human rights law on prisoners were analysed.RESULTS: Prisoners have a human right to access at least the same level of TB care as in their communities. Screening for TB in prisons, which may run contrary to a given individual's choice to be tested, may be justified by the positive obligation to prevent other prisoners from contracting a possibly deadly disease. Introduction of new TB drugs in prisons is necessary, ethically sound and should start in parallel with introduction in a civilian sector in strict compliance with the WHO recommendations.CONCLUSION: Access to screening for TB, as well as effective treatment according to WHO recommendations, must be ensured by countries on the basis of international human rights conventions.


2014 ◽  
Vol 42 (1) ◽  
pp. 121-134
Author(s):  
Alexandre Peñalver i Cabré

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).


BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>


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