scholarly journals Humans: The Biggest Barrier to Realising Human Rights - A South African Perspective

2020 ◽  
Author(s):  
Erika Serfontein
Keyword(s):  
Human Rights ◽  
South African ◽  
Legal Protection ◽  
Well Being ◽  
Human Behaviour ◽  
Individual Autonomy ◽  
International Human Rights Law ◽  
Human Right ◽  
Legal Principles ◽  
The Law

In demarcating the law, human rights, and human behaviour, the objective is to explore the tension between safeguarding human rights and promoting individual autonomy. While international human rights law signifies the potential of creating dignified life experiences, the behaviour of humans, and, specifically, of those in government incited my focus on the effect of human behaviour on the realizsation of human rights. By studying human rights through a philosophical lens, a (a) conceptual clarification of human rights is provided, (b) the most prominent human rights are identified, (c) general and specific justifications of human rights discussed, and (d) the normative implications of human right claims explored. Focus is placed on South Africa although the value and potential generalisation generalization of the data for evaluating the effectiveness of human rights in achieving their social goal globally, are acknowledged. Reviewing literature, an overview is provided of the law and human rights; the different dimensions of human rights; and human behaviour. Persistent human rights violations, albeit legal protection, are delineated and the significant role played by human behaviour during such violations are highlighted. Given that human behaviour is influenced by various ethical, social, and legal principles, governments are urged to be mindful of the well-being of the humans they are ethically and legally obliged to serve.

scholarly journals THE HUMAN RIGHT TO THE PROTECTION OF THE LAW AND INTERNATIONAL-LEGAL PRACTICE

2021 ◽  
Vol 37 (1) ◽  
pp. 66-70
Author(s):  
A.T. Raghimov ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Practice ◽  
Human Right ◽  
Factors Influencing ◽  
Protection Of Human Rights ◽  
The Law

The article is devoted to the analysis of international legal practice for the protection of human rights and freedoms. The author examines the stages of the formation of basic human rights and freedoms in international legal acts. The article substantiates the idea of the need to improve the procedural and legal framework for the implementation of the human right to the protection of the law. The factors influencing the deterioration of the legal protection of a person are analyzed, and proposals for improving the situation in this area are formulated.

scholarly journals Religious Diversity: accomodation for Social Cohesion. Gaps in the legal protection of religious diversity: generic versus specific protection instruments

2017 ◽  
pp. 13-26
Author(s):  
Eduardo J. Ruiz Vieytez
Keyword(s):  
Human Rights ◽  
Social Cohesion ◽  
Religious Beliefs ◽  
Religious Diversity ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

The legal protection of religious diversity in plural societies is mainly supported by the human right to freedom of religion and belief, which is widely recognized under the international human rights law. However, interpretations of this law are far from univocal when it comes to managing the situation of persons whose religious beliefs are a minority. The so-called harmonisation practices are techniques to spread the content and exercise of this right. Similarly, the so-called Rights of minorities (as is the case of religious ones) also provide a protection framework, the scope of which has not yet been clearly defined. The current diversity of European societies and their commitment to protect the diversity and minorities lead us to seek a more focused and effective framework of protection, choosing between rights and generic or specific instruments.Published online: 11 December 2017

scholarly journals Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense

2021 ◽  
Vol 3 (4) ◽  
pp. 569-584
Author(s):  
Miftakhul Ihwan
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Human Right ◽  
Self Defense ◽  
Inhibiting Factors ◽  
The Law ◽  
The Right

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA. 

scholarly journals Breastfeeding in Refugee Camps: A Child and Maternal Right?

2021 ◽  
Author(s):  
Aleisha Ebrahimi
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Refugee Camps ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Formula Milk ◽  
International Human ◽  
Milk Marketing

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.

Ethical issues in tuberculosis screening and the use of new drugs for prisoners

2020 ◽  
Vol 24 (5) ◽  
pp. 57-60
Author(s):  
B. S. Elger ◽  
F. Mirzayev ◽  
S. Afandiyev ◽  
E. Gurbanova
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Multidrug Resistant ◽  
New Drugs ◽  
International Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Tuberculosis Screening ◽  
Tb Treatment ◽  
International Human

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.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

scholarly journals Refugee Protection as Human Rights Protection: International Principles and Practice in India

Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
National Human ◽  
International Human ◽  
The United Nations

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<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>

scholarly journals Expanding the Impact of the Psychology of Working: Engaging Psychology in the Struggle for Decent Work and Human Rights

2018 ◽  
Vol 27 (1) ◽  
pp. 3-28 ◽  
Author(s):  
David L. Blustein ◽  
Maureen E. Kenny ◽  
Annamaria Di Fabio ◽  
Jean Guichard
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Psychological Research ◽  
Significant Loss ◽  
Decent Work ◽  
Human Right ◽  
Human Needs ◽  
The World ◽  
Psychology Of Working ◽  
The Impact

Building on new developments in the psychology of working framework (PWF) and psychology of working theory (PWT), this article proposes a rationale and research agenda for applied psychologists and career development professionals to contribute to the many challenges related to human rights and decent work. Recent and ongoing changes in the world are contributing to a significant loss of decent work, including a rise of unemployment, underemployment, and precarious work across the globe. By failing to satisfy human needs for economic survival, social connection, and self-determination, the loss of decent work undermines individual and societal well-being, particularly for marginalized groups and those without highly marketable skills. Informed by innovations in the PWF/PWT, we offer exemplary research agendas that focus on examining the psychological meaning and impact of economic and social protections, balancing caregiving work and market work, making work more just, and enhancing individual capacities for coping and adapting to changes in the world of work. These examples are intended to stimulate new ideas and initiatives for psychological research that will inform and enhance efforts pertaining to work as a human right.

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