scholarly journals National Mechanisms for Ensuring Social Rights

2017 ◽  
Vol 20 (3) ◽  
pp. 95-107
Author(s):  
Shahriyar Aliyev
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Justice System ◽  
Legal Framework ◽  
Social Rights ◽  
Constitutional Protection ◽  
Judicial Protection ◽  
Theoretical Considerations ◽  
Primary Form

The paper highlighted the role of national mechanisms for the protection of social rights. For this purpose its judicial and administrative remedies have been analyzed. The significance of the constitutional protection of the justice system, her legislative experience in the field of social security, legal and regulatory framework, features, procedural and substantive issues considered on the basis of scientific and theoretical considerations. Along with this, the paper considers a system of judicial protection of social rights, it’s civil, administrative and judicial properties, and shows the primary form of protection issues. Through administrative remedies and the Institute of Human Rights Commissioner (Ombudsman), the paper examined the current legal framework for the protection of social rights, and analyzed their activity in this field. As a result, the author has put forward a number of recomendations.

The Power to Judge, the Power to Act: the Argentine Supreme Court as a Policymaker

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Mario Campora
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Supreme Court ◽  
Public Policies ◽  
Global South ◽  
Social Rights ◽  
Constitutional Courts ◽  
Cultural Rights ◽  
Implementation Stage

AbstractEven though the role of courts to enforce economic, social and cultural rights through structural remedies is well established, the implementation stage of rulings following successful litigation seems to be an area of research still in the making. In the Global South, certain constitutional courts have taken on such litigation as a way to advance economic and social rights. The Judiciary Power thus became a key actor in the framing and execution of public policies. This paper examines how the Argentine Supreme Court has intervened after 2001 in public policies regarding the enforcement of social security, environmental and human rights.

Resisting Neoliberalism in Colombia: The Role of Human Rights

2017 ◽  
Vol 44 (5) ◽  
pp. 127-144
Author(s):  
Paul A. Chambers
Keyword(s):  
Human Rights ◽  
Free Trade ◽  
Action Plan ◽  
Trade Agreement ◽  
Social Rights ◽  
Political Rights ◽  
Derechos Humanos ◽  
International Image ◽  
The Way

The Colombian government’s noncompliance with the U.S.-Colombia Free Trade Agreement’s Labor Action Plan calls into question not only the government’s intentions but also the efficacy of human rights activism and discourse for social resistance to neoliberalism. Colombia has managed to adjust the narrative on human rights and improve its international image, paving the way for U.S. ratification of the free-trade agreement despite the fact that the human rights situation continues to be very serious. Its success in this is due to the way in which the debate on the agreement and human rights was framed—with a very narrow focus on trade unionists’ rights and a discourse that did not link civil and political rights to economic and social rights—and to the ideological affinity between neoliberalism and the dominant liberal discourse on human rights. El incumplimiento del Plan de Acción Laboral por parte del gobierno colombiano, en el marco del TLC con Estados Unidos, pone en tela de juicio no solo las intenciones del gobierno, sino la utilidad y eficacia del activismo y discurso de los derechos humanos para la resistencia social al neoliberalismo. El Estado colombiano ha logrado ajustar la narrativa sobre los derechos humanos y mejorar su imagen internacional, lo que le permitió ser “premiado” con la ratificación del TLC a pesar de que la situación de derechos humanos siguiera siendo grave. Esto se debe a la forma en que se enmarcó el debate sobre el TLC y los derechos humanos—con un enfoque demasiado restringido y un discurso que no integró los derechos civiles y políticos con los derechos económicos y sociales—y a la afinidad ideológica entre el neoliberalismo y el discurso dominante de los derechos humanos.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

POVERTY AND HUMAN RIGHTS: THE ROLE OF SOCIAL SECURITY AND ESPECIALLY CHILD BENEFIT

2006 ◽  
Vol 40 (01n02) ◽  
pp. 3-32 ◽  
Author(s):  
PETER TOWNSEND
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Vital Role ◽  
Present Form ◽  
War On Poverty ◽  
Investment Fund ◽  
Development Goal ◽  
World Poverty ◽  
First Millennium

Poverty has been reduced by too little, or not at all, in recent years. A fifth, perhaps a quarter, of the world's population are living in extreme poverty. The measurement of the phenomenon, and especially of annual trends in the rates and severity of poverty, is not acceptably precise, consistent, and generally agreed. Nor is policy being analyzed and justified in precise correlation with such trend reports as have been published. The first Millennium Development Goal — to halve world poverty by 2015 — has become an unlikely prospect. The reasons lie in the present form of the globalization of the market, together with continuing preference shown to neo-liberal economic and social policies. If poverty is to be systematically reduced, the orthodoxies of definition, measurement, explanation and resolution, which as key elements of the problem necessarily reinforce each other, have to be re-examined and re-formulated quickly. In re-examining approaches to measurement and policy the new human rights instruments, endorsed by a majority and in some cases by an overwhelming majority of governments, must play a vital role. Their potentialities are considerable for the measurement of poverty, deprivation, exclusion and development. But, crucially, they can help to engineer an international, as well as scientific, consensus in the war on poverty. One priority illustration would be a UN Child Investment Fund to finance the universal right of children to social security.

Entwicklung des gesetzlichen sozialen Grundaltersversicherungssystems in der Volksrepublik China

2019 ◽  
Author(s):  
Yuxi Jin
Keyword(s):  
Social Security ◽  
Legal Framework ◽  
Pension Scheme ◽  
Legal Concept ◽  
Pension Schemes ◽  
System P ◽  
Sustainability Concept ◽  
Volksrepublik China ◽  
Set Up

The first Chinese Social Security Law of 2011 states that the state should set up a social security system that is based on the legal guideline of sustainability. In this study, the author discusses a question which is still unresolved in China: What is the role of this principle of ‘sustainability’, which is hardly substantiated by legislators, as a legal concept in the pension scheme system? This book deals with the theoretical analysis of the concept of sustainability and its development on the basis of the existing legal framework, the practical interpretation and implementation of the sustainability concept as an objective in the field of pension schemes, an analysis of the dogmatic functions of the sustainability concept within the framework of China’s law on pensions, and the developments and problems in the Chinese pension scheme system and their possible solutions, while also considering the various influences on that system.

scholarly journals Does education plays a role in meeting the human rights needs of Indian women with mental illness?

2015 ◽  
Vol 6 (03) ◽  
pp. 369-376 ◽  
Author(s):  
Vijayalakshmi Poreddi ◽  
R Ramachandra ◽  
Suresh Bada Math
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
Care Center ◽  
Tertiary Care ◽  
Legal Framework ◽  
Community Members ◽  
Indian Women ◽  
Face To Face ◽  
Emotional Dimension

ABSTRACT Background: Globally women are one of the vulnerable populations and women without education and with mental illness are doubly disadvantaged. Aim: To find out the role of education in meeting the human rights needs of women with mental illness at family and community levels. Materials and Methods: A descriptive design was carried out among randomly selected recovered women (N = 100) with mental illness at a tertiary care center. Data was collected through face-to-face interview using a structured questionnaire. Results: Our findings revealed that human rights needs in physical needs dimension, i.e. access to safe drinking water (χ2 = 7.447, P < 0.059) and serving in the same utensils (χ2 = 10.866, P < 0.012), were rated higher in women with illiteracy. The human rights needs in emotional dimension, i.e. afraid of family members (χ2 = 13.266, P < 0.004), not involved in making decisions regarding family matters (χ2 = 21.133, P < 0.00) and called with filthy nicknames (χ2 = 8.334, P < 0.040), were rated higher in literate women. The human rights needs in religious needs dimension, i.e. allowed to go to temple, church, mosque etc. (χ2 = 9.459, P < 0.024), were not satisfied by the illiterate women. Similarly, literate women felt that they were discriminated by community members due to their illness (χ2 = 9.823, P < 0.044). Conclusion: The findings of the present study suggested that women without education were more deprived of human rights needs than literate women. Thus, there is an urgent need to improve literacy of women and to strengthen the legal framework to protect the rights of the women with mental illness.

scholarly journals Institutional guarantees for the protection of human rights and freedoms: experience of foreign countries

2021 ◽  
pp. 142-145
Author(s):  
I. Shakhnovskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Foreign Countries ◽  
Protection Mechanisms ◽  
Protection Of Human Rights ◽  
Judicial Protection ◽  
Indirect Protection

The article examines the main existing institutional guarantees that ensure the protection of human and civil rights and freedoms in foreign countries. Analyzed are judicial protection mechanisms, the activities of prejudicial bodies, as well as mechanisms of extrajudicial protection. The author emphasizes that the protection of human rights and freedoms is a constitutional obligation of the state. Special attention is paid to specialт mechanisms for the protection of human rights, such as the Commissioner for Human Rights, the activities of various bodies of constitutional control; indicates the importance of extrajudicial mechanisms for the protection of rights and freedoms. The author analyzes methods of direct protection of rights and freedoms, as well as the role of executive and legislative authorities as elements of indirect protection.

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