Das Recht auf soziale Sicherung nach der VN Behindertenrechtskonvention und dessen Implementierung in Uganda und Ghana

2020 ◽  
Author(s):  
Lukas Groß
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Sub Saharan Africa ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
State Obligations ◽  
Sub Saharan ◽  
The Right ◽  
Human Rights Based Approach

‘Disability may increase the risk of poverty, and poverty may increase the risk of disability.’ Breaking this cycle is a major challenge for the international community, especially the countries of the Global South. As the most recent human rights treaty of the United Nations, the UN Convention on the Rights of Persons with Disabilities also specifies the right to social protection. This study deals with the question of to what extent a human rights-based approach characterised by need orientation and accessibility can be derived from specific state obligations. In addition, it examines the efforts to implement such an approach in Sub-Saharan Africa. In this context, the study shows that it has been possible to both develop innovative concepts that consider the realities of the lives of local people with disabilities in Uganda and Ghana and, at the same time, to ensure the implementation of international human rights law in those two countries.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective

2019 ◽  
Vol 27 (1) ◽  
pp. 100-125
Author(s):  
Michael Gyan Nyarko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Land Acquisition ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Global Level ◽  
Constitutional Protection ◽  
The Right ◽  
Human Rights Based Approach

Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.

Art.2 Definitions

2018 ◽  
Author(s):  
Nilsson Anna
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
Effective Implementation ◽  
State Obligations ◽  
Specific Meaning ◽  
United Nations Convention ◽  
Key Terms ◽  
Domestic Law

This chapter examines Article 2 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article explains the meaning of key terms of the Convention. The reasons for incorporating a specific article on definitions was primarily to clarify the scope of the state obligations laid down in the CRPD and thereby to contribute to the effective implementation of the treaty. Under international human rights law, the term ‘discrimination’ has acquired a specific meaning which may differ from how it is interpreted in domestic law. ‘Universal design’, on the contrary, is a fairly new expression in human rights law and thus in need of clarification. In addition, the drafters of the treaty sought to make visible the disability-specific aspects of the terms listed in article 2 so that they are not excluded or forgotten.

scholarly journals To Facilitate and Protect: State Obligations and the Right of Peaceful Assembly in International Human Rights Law

2020 ◽  
Vol 21 (1) ◽  
pp. 5-34
Author(s):  
Michael Hamilton
Keyword(s):  
Human Rights ◽  
Asia Pacific ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
Asia Pacific Region ◽  
State Obligations ◽  
The Right ◽  
Right Of Assembly ◽  
Discretionary Powers

This article distinguishes the obligation of States to ‘facilitate’ and ‘protect’ the right of peaceful assembly under Article 21 of the International Covenant on Civil and Political Rights (iccpr) from State practices that rather seek to ‘manage’ or ‘control’ its exercise. Focusing on the protection of public assemblies in the Asia-Pacific region and drawing principally on the UN Human Rights Committee’s assembly jurisprudence and its Concluding Observations on State reports, it emphasises the critical importance of the language in which State obligations are framed and understood. Many domestic laws over-regulate the right of assembly by creating broad discretionary powers, impermissible grounds of restriction, bureaucratic procedures and onerous liabilities. Such laws reinforce a police ego-image premised on the pernicious logic of ‘management’ and encourage preventive policing tactics that fundamentally undermine the right of peaceful assembly.

scholarly journals A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights

2021 ◽  
pp. 1-21
Author(s):  
Romola Adeola ◽  
Frans Viljoen ◽  
Trésor Makunya Muhindo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Number Of Factors ◽  
African Charter ◽  
The Right ◽  
Domestic Level ◽  
African Commission

Abstract In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.

scholarly journals Blasphemy Law as a Structural Violence: A Challenge for Maintaining Sustainable Peace

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Cekli Setya Pratiwi ◽  
Sidik Sunaryo
Keyword(s):  
Human Rights ◽  
Structural Violence ◽  
International Community ◽  
Peace Studies ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Standards ◽  
Muslim Countries ◽  
Sustainable Peace ◽  
The Right

Abstract Blasphemy law (BL) has become a central issue for the international community in various parts of the world in the last three decades. In almost every case involving the BL, especially in Muslim countries, such as Pakistan, Malaysia, and Indonesia, they are always responded with violence or threats of attack that cause many victims, loss of homes, damage to places of worship, evictions, stigma of being heretical, severe punishments, or extra-judicial killings. When international human rights law (IHLR) and declaration of the right to peace are adopted by the international community, at the same time, the number of violence related to the application of BL continues to increase. This paper aims to examine the ambiguity of the concept of the BL in Pakistan, Indonesia, and Malaysia, and how its lead to the weak of enforcement that creates social injustice and inequality. Then, referring to Galtung’s theory of structural violence and other experts of peace studies, this paper argues that blasphemy law should be included as a form of structural violence. Therefore its challenges these States to reform their BL in which its provisions accommodate the state’s neutrality and content high legal standards. Thus, through guarantee the fully enjoyment of human rights for everyone may support the States to achieve sustainable peace.

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