To see the other types of publications on this topic, follow the link: Human rights – Economic aspects – Kenya.
Journal articles on the topic 'Human rights – Economic aspects – Kenya'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Human rights – Economic aspects – Kenya.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Nzomo, Maria. "The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities." Issue: A Journal of Opinion 22, no. 2 (1994): 17–20. http://dx.doi.org/10.1017/s0047160700501875.
Full textAbstract:
This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.
2
Mubangizi, John C., and Prenisha Sewpersadh. "A Human Rights-based Approach to Combating Public Procurement Corruption in Africa." African Journal of Legal Studies 10, no. 1 (August 18, 2017): 66–90. http://dx.doi.org/10.1163/17087384-12340015.
Full textAbstract:
Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice – especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries. Corruption occurs in both the public and private sectors and affects human rights by deteriorating institutions and diminishing public trust in government. Corruption impairs the ability of governments to fulfil their obligations and ensure accountability in the implementation and protection of human rights – particularly socio-economic rights pertinent to the delivery of economic and social services. This is because corruption diverts funds into private pockets – impeding delivery of services, and thereby perpetuating inequality, injustice and unfairness. This considered, the focus of this paper is on public procurement corruption. It is argued that by applying a human rights-based approach to combating public procurement corruption, the violation of human rights – particularly socio-economic rights – can be significantly reduced. Through a human rights-based approach, ordinary people can be empowered to demand transparency, accountability and responsibility from elected representatives and public officials – particularly those involved in public procurement. In the paper, reference is made to selected aspects of the national legal frameworks of five African countries: South Africa, Uganda, Kenya, Nigeria and Botswana.
3
Oloo, Judith A. "Conflict period sexual violence against women: Promise of the vulnerability theory." Africa Nazarene University Law Journal 8, no. 1 (2020): 65–85. http://dx.doi.org/10.47348/anulj/v8/i1a3.
Full textAbstract:
Compared to most countries in sub-Saharan Africa, Kenya has, for a long time, enjoyed relative peace. However, this perceived peace has been marked with several incidents of internal clashes exposing women to large-scale gender-based sexual violence. While sexual violence is generally common in peacetime, it is exacerbated in conflict situations such as the post-election violence of 2007–2008 which saw mass incidents of rape and unprecedented killings in Kenya. This happened despite a robust legal framework prohibiting sexual violence. This article shows that the state’s to take cognisance of certain issues uniquely affecting women in Kenya in various aspects and contexts accumulate to disadvantage women, thereby making them more vulnerable. Second, the state’s failure to respond adequately to the unique plight of women during peacetime further exacerbates their suffering during armed conflicts. Thus, in a bid to find a better legal framework to protect women during conflict in Kenya, this article analyses the vulnerability theory of human rights which acknowledges that humans are generally and naturally vulnerable to certain elements. It concludes by stating that only when the vulnerability of women is understood and appreciated, can the law be effectively used to protect women against sexual and gender-based violence in conflict situations, among other hardships that women face, just by virtue of being women. It proposes among others a multidimensional approach including law reform, strict implementation of the existing law, economic inclusion of women and more investment in women as a remedy.
4
Micheli, Ilaria. "“We are Indigenous and We Want to be Literate in Our Own Language”." Annali Sezione Orientale 76, no. 1-2 (November 28, 2016): 77–101. http://dx.doi.org/10.1163/24685631-12340004.
Full textAbstract:
The Ogiek of Mariashoni living in the Mau Forest of Kenya are a group of hunters and gatherers, who in the last 30 years have been facing a progressive process of habitat and climate change which obliged them to settle down and leave their semi-nomadic way of life. The major characteristic of the Ogiek has always been a very high degree of adaptability to their social and environmental context, which allowed them to develop what we can now call a fluid identity. Recently they have come into contact with new social (and economic) movements promoted and supported by national and international ngos working in the field of human rights and for the safeguard of indigenous peoples, which gave them the possibility to enter the international circuit of aid for cooperation and development. In a socio-linguistic perspective one of the most interesting aspects of this new situation is the speakers’ changed attitude towards their own language and its promotion. This paper contains an accurate description of a project aimed at the definition of a good orthographic system for the Ogiek language and the production of didactic materials for primary schools. The project, which ended up as a failure due to the lack of participation and funding from the local Kenyan official institutions, was promoted by the University of Trieste in the framework of the ATrA project.
5
de Beco, Gauthier. "Human Rights Indicators for Assessing State Compliance with International Human Rights." Nordic Journal of International Law 77, no. 1-2 (2008): 23–49. http://dx.doi.org/10.1163/090273508x290681.
Full textAbstract:
AbstractThis article discusses human rights indicators for assessing state compliance with international human rights. It analyses the use of human rights indicators before treaty bodies, how human rights aspects are to be integrated into these indicators and what conceptual framework must be developed for their establishment. The article also examines the different kinds of data required for human rights indicators, the way in which indicators relating to both civil and political and economic, social and cultural rights could be developed as well as the types of human rights indicators that could be used. The article concludes with how to make human rights indicators a useful instrument for monitoring state compliance with international human rights.
6
Savchenko-Belsky, V. Yu, and A. V. Strygin. "Humanitarian and economic aspects of digitalization in road safety systems." E-Management, no. 2 (March 13, 2019): 55–60. http://dx.doi.org/10.26425/2658-3445-2018-2-55-60.
Full textAbstract:
In the article we examine relevant problems regarding human rights on roads with arising digitalized processes. The problems cover three aspects. First, are the rights of drivers, passengers, and impaired individuals who use digitalized management systems while on the roads. Second, is the protection of the rights of those who are dismissed from driving the public transport with digitalized management systems. Third, is the potential danger to the society from economic outcomes of further digitalization. In the end, the article gives a comprehensive argument about the importance of securing human rights on the roads as it was brought up to our attention by the United Nations.Following the afore mentioned aspects of the problem, the article derives hypothetical solutions regarding human rights of road users with arising digitalized process. First of all, it remains essential to reinforce drivers’ rules on the roads. Next, safety of pedestrians, people who are travelling on foot, needs to be ensured since they are worse off in case of an emergency on the roads. Finally, it is a special focus on ensuring the rights of persons with disabilities. The latter applies not only to the drivers and pedestrians, but also to passengers with disabilities who use the means of urban ground transportation.
7
Gitiri, Jennifer. "Progressive Nature of Social and Economic Rights in Kenya: a Delayed Promise?" Constitutional Review 6, no. 1 (June 2, 2020): 133. http://dx.doi.org/10.31078/consrev615.
Full textAbstract:
This paper evaluates the steps taken towards the progressive realization of social and economic rights (SER) in Kenya. It aims to provide a better understanding of SER and the obligations of the state under international, regional, and national law. It further elucidates the components of progressive realization. Additionally, it identifies the guiding principles of measuring progressive realization and recommendations to develop tools that would monitor progressive realization. Recognition of SER faces many challenges as they are considered as second class rights that are not equal to civil and political rights considered as first-generation rights. The most enduring challenge for SER is that it interferes with the concept of the separation of powers and the political question doctrine by enabling courts to interfere in matters considered to be under the purview of the legislative and executive branch. The paper uses a desktop review of international, regional, and national legal instruments as well as comparative evaluation of SER jurisprudence from a host of jurisdictions. The concept of progressive realization is a goal in the ICSECR, Kenya’s Constitution, and other Constitutions with the implication that SER would be implemented over a period of time. Jurisprudence from other jurisdictions is evaluated to determine the lessons learned by Kenya. The paper demonstrates that progressive realization and implementation of SER are still work in progress before they are finally anchored into mainstream human rights, just like political and civic rights. In conclusion, progressive realization of SER imports an immediate obligation by Kenya having ratified the three human right bodies (ICSECR, UNCRC, and CRPWD) pursuant to Article 2(5)(6) of the Constitution to expeditiously move towards the realization of SER. There is a further presumption that the country would refrain from retrogressive measures and instead adopt the minimum content approach in the implementation of SER.
8
Тимчук, А. Л., and Н. В. Полторацька. "Theoretical aspects of the civil society phenomenon." Public administration aspects 7, no. 12 (January 20, 2020): 104–12. http://dx.doi.org/10.15421/151970.
Full textAbstract:
The article analyzes idealistic views on the phenomenon of "civil society". The authors emphasize that civil society is a society of justice and civil consensus, where each citizen is guaranteed civil, political and socio-economic rights and explores the basic features (features) of civil society. First, it is a society of justice. The next major feature is civic consent, that is, the establishment of a new social order through dialogue and spiritual and political consensus.According to the authors, human rights are guaranteed in every democratically organized society, and the state claiming to be legal has no right, but is obliged in its legislation to foresee and actually guarantee by legal and other means those rights which are due to the state recognitions acquire the character of subjective legal rights. As a result of the adoption of international standards by states, the very concept of a person and in domestic law becomes legal and designates citizens of that state, as well as foreigners and stateless persons who reside in its territory. And human rights are those rights that belong to every person regardless of their nationality.The authors conclude that no sharp and insurmountable boundary can be drawn between human rights and citizens' rights. Human rights are a social category. They are formed objectively as a result of the development and improvement of social production and the system of public administration of society in the form of social opportunities to enjoy various economic, political and spiritual benefits, and exist before their state recognition. And citizens' rights are those human rights that are under the protection and protection of the state.
9
Akattu, Enock. "Realization of the Right to Education." Msingi Journal 1, no. 1 (September 4, 2018): 3–39. http://dx.doi.org/10.33886/mj.v1i1.66.
Full textAbstract:
This paper evaluates the state of education as a human right and demonstrates that it is possible to implement and ultimately protect the right to education within a domestic context. Despite its importance, the right to education has received limited attention from scholars, practitioners and international and regional human rights bodies as compared to other economic, social and cultural rights (ESCRs). NGOs have been increasingly interested in using indicators to measure and enforce a state‘s compliance with its obligations under international human rights treaties. Education is one of the few human rights for which it is universally agreed that the individual has a corresponding duty to exercise this right. This paper first of all draws up an inventory of the many international instruments which mention the right to education and analysethem in order to obtain a more precise idea of the content of this right, which often appears blurred. The paper also discusses the right to education as it is guaranteed in articles 13 of the Covenant on Economic, Social and Cultural Rights (ICESCR), article 28 of the Convention on the Rights of the Child (ICRC) and article 13 of the Protocol of San Salvador. The enjoyment of many civil and political rights, such as freedom of information, expression, assembly and association, the right to vote and to be elected or the right of equal access to public service depends on at least a minimum level of education, including literacy. Similarly, many economic, social and cultural rights, such as the right to choose work, to receive equal pay for equal work, the right to form trade unions, to take part in cultural life, to enjoy the benefits of scientific progress and to receive higher education on the basis of capacity, can only be exercised in a meaningful way after a minimum level of education has been achieved. Similarly, this paper discusses education in Kenya as a basic need and a human right (enhancing access, participation, retention, achievement and quality of schooling) to girls and boys and by extension women and men especially with the promulgation of the new Constitution of Kenya 2010 that recognizes education as a Bill of Rights and everyone is bound by the Bill of Rights. This means that all people in Kenya must respect education as a human right. The Bill binds all government institutions and state officers. They are required to respect human rights and deal appropriately with the special needs of individuals and groups in our society. In this paper, the provision of education in the first 4 to 18 years of schooling is considered to be basic, thus a basic right in Kenya
10
Řehák, Vilém. "US–Kenya Economic Relations under Obama and Their Image in the Kenyan News Discourse." Journal of Nationalism, Memory & Language Politics 12, no. 1 (July 30, 2018): 72–99. http://dx.doi.org/10.2478/jnmlp-2018-0003.
Full textAbstract:
Abstract Economic cooperation between the US and Kenya has reflected the ups and downs in the relations between the two countries. Since independence, both countries have converged on security issues and diverged on questions of democracy and human rights. When Barack Obama was elected as the President of the US, Kenya expected to get an “Obama bonus” in the form of closer trade and investment cooperation. This article analyzes what is the image of US–Kenya economic relations in the news discourse. The analysis reveals that three different and competing narratives are present in the news discourse in Kenya. The US disseminates a narrative that economy, security, good governance and human resources are four interconnected and mutually reinforcing pillars of African development; Kenya must make progress in all these four pillars, and the US is ready to help Kenya. Kenyan leaders seem to internalize the economic part of the narrative and accept the nexus between economy and security, but they reject the nexus between economy and political issues. Finally, the Kenyan society internalizes both these narratives, albeit to a different degree, with the latter prevailing over the former. However, it also produces its own narrative, which presents current US–Kenya economic relations in a different perspective. The whole US engagement in Kenya hardly goes beyond the symbolical level. It is driven by US economic interests and competition with China, while there is no “Obama bonus” for Kenya.
11
O’Keefe, Eileen, and Alex Scott-Samuel. "Human Rights and Wrongs: Could Health Impact Assessment Help?" Journal of Law, Medicine & Ethics 30, no. 4 (2002): 734–38. http://dx.doi.org/10.1111/j.1748-720x.2002.tb00439.x.
Full textAbstract:
While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health.
12
Ssenyonjo, Manisuli. "The Domestic Protection and Promotion of Human Rights under the 1995 Ugandan Constitution." Netherlands Quarterly of Human Rights 20, no. 4 (December 2002): 445–83. http://dx.doi.org/10.1177/016934410202000404.
Full textAbstract:
This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.
13
Khanal, Prem Raj. "Human Rights Violations during Armed Conflict in Nepal." KMC Research Journal 1, no. 1 (June 29, 2017): 77–85. http://dx.doi.org/10.3126/kmcrj.v1i1.28247.
Full textAbstract:
The armed conflict of Nepal was a conflict between government forces and Maoist rebels which started from 13 February 1996 and lasted 21 November 2006. The Communist Party of Nepal (Maoist) had begun the war with the aim of overthrowing the Nepalese monarchy and establishing the “People’s Republic of Nepal.” A decade-long armed conflict was formally ended with signing of the “Comprehensive Peace Accord (CPA)” between government of Nepal and Communist Party of Nepal (Maoists) on 21 November 2006. This article does not describe the political, economic and other dimension of the armed conflict in Nepal. However, it tells about the different aspects of the human rights violations by State and Maoists in a decade-long (from 1996 to 2006) war in Nepal.
14
Junior, Ratemo Tom. "Intensifying legal protection against human rights violations in the Covid-19 era: A case study of Kenya, Uganda and Tanzania." Journal of Comparative Law in Africa 7, no. 2 (2020): 90–122. http://dx.doi.org/10.47348/jcla/v7/i2a4.
Full textAbstract:
The coronavirus pandemic has, since its outbreak in late 2019, not only caused a global health care crisis but has also had a negative impact on the exercise of social, economic, cultural and political rights. Vulnerable and marginalised groups in Kenya, Uganda and Tanzania are among the worst affected. To respond to the crisis, the three East African countries imposed several measures aimed at curtailing the spread of the disease, which included a mandatory 14 days of self-quarantine for persons arriving from abroad; the closure of borders, religious and educational institutions; the suspension of international and domestic flights; the suspension of public court proceedings and gatherings; the imposition of a dusk to dawn curfew; and the restriction of people’s movement in certain areas. All these measures in one way or another affect the exercise of fundamental human rights. In the past few months, the number of reported cases of human rights violations has been escalating. This article seeks to highlight the three states’ practice of avoiding the ‘naming, shaming and prosecuting’ of perpetrators of human rights violations during the coronavirus pandemic. It also exposes instances of human rights violations in Kenya, Uganda and Tanzania during the pandemic. In addition, the paper proposes measures to be undertaken to intensify legal protection against human rights violations during the coronavirus pandemic. Finally, the paper explores the elusive option of making the top state officials legally accountable for individual human rights violations.
15
Mohindra, Katia S., and Ted Schrecker. "From bulldozing to housing rights: reducing vulnerability and improving health in African slums." Global Health Promotion 20, no. 1_suppl (March 2013): 64–69. http://dx.doi.org/10.1177/1757975912462425.
Full textAbstract:
Forced evictions heighten vulnerability among slum dwellers who already face multiple risks of ill health. They constitute a well-documented violation of economic and social rights and are reaching epidemic proportions in sub-Saharan Africa as economic globalization creates and strengthens incentives for forced evictions. We describe evictions in the slums of four African metropolitan areas: Accra (Ghana), Lagos (Nigeria), Luanda (Angola) and Nairobi (Kenya). We survey diverse strategies used in responding to forced evictions and outline the challenges and barriers encountered. We conclude that the international human rights framework offers an important approach for protecting the health of vulnerable populations.
16
Langlois, Adèle. "The UNESCO Universal Declaration on Bioethics and Human Rights: Perspectives from Kenya and South Africa." Health Care Analysis 16, no. 1 (June 28, 2007): 39–51. http://dx.doi.org/10.1007/s10728-007-0055-7.
Full text
17
Ogbondah, Chris W. "Press Freedom in West Africa: an Analysis of one Ramification of Human Rights." Issue: A Journal of Opinion 22, no. 2 (1994): 21–26. http://dx.doi.org/10.1017/s0047160700501887.
Full textAbstract:
Human rights is an issue that is broader than ordinarily understood. Its ramifications cover political, economic, social and cultural rights. Almost every nation has made constitutional provisions guaranteeing these rights. The purpose of the constitutional provisions is to defend, by institutionalized means, the rights of human beings against abuses of power committed by the organs and agencies of the state. Notably enough, however, each nation emphasizes those human rights that it frequently respects and observes. Thus, the United States emphasizes, for example, freedom of the press, freedom of expression, freedom of religion as if those aspects that it emphasizes constitute the entire human rights.
18
Tembo, Simbarashe, and Annette Singh. "Prospects for Constitutional and Human Rights Transformation through Constitutional Adjudication in Zimbabwe after 2013." African Journal of International and Comparative Law 29, no. 3 (August 2021): 383–99. http://dx.doi.org/10.3366/ajicl.2021.0372.
Full textAbstract:
The article is based on the notion that real socio-economic and political transformation did not follow the adoption of the 2013 Zimbabwean Constitution. Relying on theories of constitutionalism, transformational constitutionalism and transformative adjudication as contemplated by Karl Klare, the question of whether it is possible for the transformation agenda to be accomplished in the absence of political will, and the extent to which the courts can be used as a means of attaining this, is addressed. The article uses a socio-legal research method by drawing arguments from legal and policy-related literature. The jurisprudence of the Zimbabwean Constitutional Court is compared with other jurisdictions such as Kenya and South Africa that adopted interpretative and adjudication methods that have changed the lives of the people, especially with regard to socio-economic and civil and political rights. It is observed that while commendable progress has been made by the Zimbabwean courts, the jurisprudence is still fraught with inconsistencies and lacking in transformative legal culture.
19
Orago, Nicholas Wasonga. "Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution: A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Rights Disputes." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 171. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2433.
Full textAbstract:
On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at achieving this egalitarian transformation is the entrenchment of justiciable socio-economic rights (SERs), an integral part of the Bill of Rights. The entrenched SERs require the State to put in place a legislative, policy and programmatic framework to enhance the realisation of its constitutional obligations to respect, protect and fulfill these rights for all Kenyans. These SER obligations, just like any other fundamental human rights obligations, are, however, not absolute and are subject to legitimate limitation by the State. Two approaches have been used in international and comparative national law jurisprudence to limit SERs: the proportionality approach, using a general limitation clause that has found application in international and regional jurisprudence on the one hand; and the reasonableness approach, using internal limitations contained in the standard of progressive realisation, an approach that has found application in the SER jurisprudence of the South African Courts, on the other hand. This article proposes that if the entrenched SERs are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of SER disputes. This proposal is based on the reasoning that for the entrenched SERs to have a substantive positive impact on the lives of the Kenyan people, any measure by the government aimed at their limitation must be subjected to strict scrutiny by the courts, a form of scrutiny that can be achieved only by using the proportionality standard entrenched in the article 24 general limitation clause.
20
Pūraitė, Aurelija, Rūta Adamonienė, and Audronė Žemeckė. "Sustainable Digitalization in Public Institutions: Challenges for Human Rights." European Journal of Sustainable Development 9, no. 3 (October 1, 2020): 91. http://dx.doi.org/10.14207/ejsd.2020.v9n3p91.
Full textAbstract:
The modern world is bound not only by global flows of information, capital, services, and movement of goods and people but also by the wide range of opportunities to exert both positive and negative effects on these flows. Already, most of the aforementioned global flows, stationary and variable objects are protected (organized, coordinated, controlled) by digital technology and in the foreseeable future digitization will encompass the most diverse aspects and processes of existence. Access to the development, deployment, management and use of relevant digital technologies has expanded to such an extent that it has become virtually difficult and even impossible to provide timely protection against a wide range of actors, ranging from unauthorized specialized gathering to varying degrees of security. The development of information technology, which increasingly embraces various aspects of the existence of different security entities, calls for a new rethink of the philosophical - ideological, political, economic, social and cultural foundations of public security. In recent decades human rights have dominated in the discourse of legal and political systems. Now the balance between protection of human rights and public safety in the context of digitalization imposes necessity to reflect the concept of fundamental rights once again. Keywords: Sustainable digitalization, public and private security, human rights
21
Donno, Daniela, and Anne-Kathrin Kreft. "Authoritarian Institutions and Women’s Rights." Comparative Political Studies 52, no. 5 (September 10, 2018): 720–53. http://dx.doi.org/10.1177/0010414018797954.
Full textAbstract:
While dictatorships perform worse than democracies in respect for most human rights, a large number of autocracies have prioritized the advancement of women’s rights. We present a theory of authoritarian rights provision that focuses on the incentives for dictatorships to secure women’s loyalty, and we identify the particular capacity of institutionalized party-based regimes to supply—and capitalize from—women’s rights policies. Analyzing a comprehensive sample of authoritarian regimes from 1963 to 2009, we find that party-based regimes are associated with greater economic and political rights for women irrespective of whether they hold multiparty elections. A comparative exploration of authoritarian Uganda, Tanzania, and Kenya sheds further light on these findings and examines alternative explanations. Our account of women’s rights as a tool of autocratic party coalition-building contrasts with the provision of civil and associational rights—so-called “coordination goods”—which represents a concession to the opposition and tends to accompany liberalization.
22
Mokhtar, Khairil Azmin. "HEALTH AND HUMAN RIGHTS WITHIN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAWS AND THE MALAYSIAN CONSTITUTION." IIUM Law Journal 29, no. 1 (June 30, 2021): 103–27. http://dx.doi.org/10.31436/iiumlj.v29i1.536.
Full textAbstract:
Health rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights. It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap. This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments.
23
Stojmenović, Marija. "Socio-economic aspects of cash withdrawal from use." Bankarstvo 49, no. 3 (2020): 102–27. http://dx.doi.org/10.5937/bankarstvo2003102s.
Full textAbstract:
The notion of a cashless society is slowly becoming an inevitability of the modern way of doing business. Withdrawal of cash from use is the result of wide application of information and communication technologies. Increasing digitalization has contributed to the fact that most transactions are performed via smart devices (phones, tablets, desktops), without the use of cash and without going to the bank. The development of technological innovations, as well as innovations in finance, has undoubtedly contributed to increasing efficiency in business, but the question is whether the increasing digitalization of life and business, which is reflected in the creation of a cashless society, is still so desirable for humanity. The paper focuses on the socio-economic aspects of withdrawing cash from use. On the one hand, states are given the opportunity to influence economic activities even more directly through their central banks, while on the other hand, the issue is raised concerning human freedoms and rights in the digital world, in which it will be possible to electronically control the entire business.
24
Arifin, Ridwan, Rodiyah Rodiyah, and Fadhilah Rizky Afriani Putri. "The Legal and Social Aspect for Underage Marriage Women's Education Rights in the Perspective of Human Rights: Contemporary Issues and Problems." Sawwa: Jurnal Studi Gender 15, no. 2 (October 31, 2020): 219–40. http://dx.doi.org/10.21580/sa.v15i2.5165.
Full textAbstract:
The right to education is a fundamental human right and must be fulfilled by the state. However, the right to education, especially for women with underage marriages (child marriages), has not yet had adequate education. This paper aims to analyze the legal and social aspects of children's educational rights, especially women with conditions of underage marriage (child marriage) in Indonesia. This study examines the formal juridical aspects of the protection and guarantee of education rights for women and social aspects related to the constraints of fulfilling women's education. This research is a normative juridical study in which this study looks at the community's various facts based on the applicable legal rules. This research's social aspects are seen based on various social theories related to this research study; the data and facts obtained in this study are data sourced from previous research, both print and online media. This research confirms that child marriage is motivated by many factors, one of which is economic conditions so that women cannot achieve the rights to education. However, according to the 1945 Constitution Article 31 paragraph (1) that every citizen has the right to get an education. However, there are no strict criminal sanctions for families who leave their children out of school in terms of law enforcement.
25
Anderson, Gwen, and Mary Varney Rorty. "Key Points for Developing an International Declaration on Nursing, Human Rights, Human Genetics and Public Health Policy." Nursing Ethics 8, no. 3 (May 2001): 259–71. http://dx.doi.org/10.1177/096973300100800310.
Full textAbstract:
Human rights legislation pertaining to applications of human genetic science is still lacking at an international level. Three international human rights documents now serve as guidelines for countries wishing to develop such legislation. These were drafted and adopted by the United Nations Educational, Scientific and Cultural Organization, the Human Genome Organization, and the Council of Europe. It is critically important that the international nursing community makes known its philosophy and practice-based knowledge relating to ethics and human rights, and contributes to the globalization of genetics. Nurses have particular expertise because they serve in a unique role at grass roots level to mediate between genetic science and its application to public health policies and medical interventions. As a result, nurses worldwide need to focus a constant eye on human rights ideals and interpret these within social, cultural, economic and political contexts at national and local levels. The purpose of this article is to clarify and legitimate the need for an international declaration on nursing, human rights, human genetics and public health policy. Because nurses around the world are the professional workforce by which genetic health care services and genetic research protocols will be delivered in the twenty-first century, members of the discipline of nursing need to think globally while acting locally. Above all other disciplines involved in genetics, nursing is in a good position to articulate an expanded theory of ethics beyond the principled approach of biomedical ethics. Nursing is sensitive to cultural diversity and community values; it is sympathetic to and can introduce an ethic of caring and relational ethics that listen to and accommodate the needs of local people and their requirements for public health.
26
Harper, Gary W., Katherine A. Lewis, Gabriella A. Norwitz, Elijah Ochieng Odhiambo, Laura Jadwin-Cakmak, Felix Okutah, Kendall Lauber, et al. "“God Didn’t Make a Mistake in Creating Me”: Intrapersonal Resilience Processes among Gay and Bisexual Male Youth in Kenya." Adolescents 1, no. 3 (July 13, 2021): 267–82. http://dx.doi.org/10.3390/adolescents1030020.
Full textAbstract:
Gay and bisexual male youth in Kenya experience human rights violations, including pervasive stigma and discrimination, and these oppressive forces are associated with elevated rates of mental health concerns. Despite these challenges, many gay and bisexual male youth in Kenya are thriving during this critical developmental period. This study explored intrapersonal processes that gay and bisexual male youth in Kisumu, Kenya, highlight as important to developing, and demonstrating resilience in the face of adversity. We conducted qualitative in-depth interviews (IDIs) with 40 gay and bisexual male youth, ages 20–30 (mean = 26.4), and an additional 20 IDIs with gay and bisexual men, ages 22–45 (mean = 26.6), who were working as peer educators (total n = 60), all in Kisumu, Kenya. A total of nine primary themes emerged which describe various intrapersonal resilience processes enacted by gay and bisexual male youth, including sexual identity acceptance, self-confidence, self-love, religious/spiritual affirmation, adaptive coping, successful navigation, legal rights awareness, economic stability, and advocacy satisfaction. These data demonstrate the range of positive personal processes that promote mental health and wellbeing among gay and bisexual male youth in Kenya. We discuss implications of these findings for community-based interventions, and call for a research paradigm shift away from deficits and toward resilience.
27
Farmer, Paul, and Nicole Gastineau. "Rethinking Health and Human Rights: Time for a Paradigm Shift." Journal of Law, Medicine & Ethics 30, no. 4 (2002): 655–66. http://dx.doi.org/10.1111/j.1748-720x.2002.tb00433.x.
Full textAbstract:
Medicine and its allied health sciences have for too long been peripherally involved in work on human rights. Fifty years ago, the door to greater involvement was opened by Article 25 of the Universal Declaration of Human Rights, which underlined social and economic rights: “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”
28
Forsythe, David P. "Human Rights after the Cold War." Netherlands Quarterly of Human Rights 11, no. 4 (December 1993): 393–412. http://dx.doi.org/10.1177/016934419301100402.
Full textAbstract:
The central thesis in this article is that international concern with human rights will remain what it has already become: one of the major issues on international law. The end of the Cold War has had a dual impact on international human rights, contributing both to violations of rights and renewed efforts to ameliorate those violations. The complexities of the subject are discussed according to these paradoxes and a synthesis. The first paradox is general: the increasing consensus not only on the notion and core definition of universal human rights, but also on the propriety of certain types of international action to push for their implementation is joined by the fact that human rights remains one of the most controversial aspects of world affairs. The next two paradoxes are derived from, but more specific manifestations of the first. The second paradox consists of: while the international community continues to confer legitimacy on public authorities through bilateral and multilateral political acceptance, it also flirts with awarding legitimacy because of moral factors. The third paradox is that the territorial state retains the most power and legal authority relative to other actors on public policy, but at the same time its jurisdiction is being penetrated and its operative authority weakened. The dominant principle of present concern is the traditional emphasis in world affairs on state independence, combined with pursuit of state security and wealth. The competing principle is on international emphasis on universal human rights. The resulting synthesis entails an advance for human rights and a concomitant reduction in the absolute values of national independence especially as translated into state security and economic policies, but in a very uneven and ‘ragged’ way that does not completely undermine the territorial state and its sovereignty.
29
Mishchenko, A. V. "THEORETICAL AND LEGAL ASPECTS OF CONSTITUTIONAL AND LEGAL SOCIO-ECONOMIC HUMAN RIGHTS LIMITATION IN EUROPEAN UNION COUNTRIES." Constitutional Legal Academic Studies 2 (2019): 32–39. http://dx.doi.org/10.32782/2663-5399.2019.2.04.
Full text
30
Gross, Aeyal. "Is There a Human Right to Private Health Care?" Journal of Law, Medicine & Ethics 41, no. 1 (2013): 138–46. http://dx.doi.org/10.1111/jlme.12010.
Full textAbstract:
Recent years have seen an increase in the turn to rights discourse within the context of access to health and specifically health care. Developments took place at both the national and global levels, with a significant increase in right to health litigation around the world1 and developments at the international level, such as the appointment of a Special Rapporteur on the Right to Health and the adoption of a “General Comment” on the topic by the UN Committee on Economic, Social and Cultural Rights.
31
Kulikova, S. A. "Protection of the rights of journalists by the authorized by human rights of the Russian Federation." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 29, 2021): 76–84. http://dx.doi.org/10.17803/2311-5998.2021.80.4.076-084.
Full textAbstract:
The main aspects of the protection of the rights of journalists by the Human Rights Ombudsman in the Russian Federation, presented in his reports from 1998 to 2019, are studied. It is revealed that the problem of violations of the rights of journalists was present in most of the reports of the Ombudsman, the Ombudsman considers attacks on them to obstruct the exercise of their professional duties, the termination of the activities of the media on grounds unforeseen by law, some forms of economic pressure on independent media, illegal restrictions on access to information, etc.It is concluded that the protection of the rights of journalists should remain one of the priority areas of the activities of the Commissioner for Human Rights in the Russian Federation, the analysis of violations of the rights of journalists should be included in the section “Protection of the rights of certain categories of citizens.” To some extent, this proposal was embodied in the report of the Ombudsman in 2019, section 2.6 of which is designated as “Freedom of speech and protection of the rights of journalists”.
32
Muigua, Kariuki, and Francis Kariuki. "Alternative Dispute Resolution, Access to Justice and Development in Kenya." Strathmore Law Journal 1, no. 1 (June 1, 2015): 1–21. http://dx.doi.org/10.52907/slj.v1i1.3.
Full textAbstract:
The Constitution of Kenya, 2010, envisions a prominent role for alternative dispute resolution, including traditional dispute resolution mechanisms. This is in addition to other legislative frameworks which provide for non-formal methods of dispute resolution. A thesis is made that formal forums such as litigation through courts of law have various disadvantages including complexity, high costs, and technical procedures, delays, amongst others, which make a strong case for the usually convenient and available ADR mechanisms. Put to good use, these mechanisms have potential to spur economic development through enhanced access to justice and the rule of law. The authors, indeed, argue that there is a golden thread that weaves across the themes of rule of law, human rights and access to justice and development.
33
Richmond, Anthony H. "Socio-demographic aspects of globalization: Canadian perspectives on migration." Canadian Studies in Population 29, no. 1 (December 31, 2002): 123. http://dx.doi.org/10.25336/p65p5b.
Full textAbstract:
Trends in Canadian immigration and emigration in the last decade are examined, distinguishing ‘temporary’ and ‘permanent’ movements, economic migrants and refugees. Comparisons are made with those of other OECD countries. Global migration patterns have changed as a result of post-industrial technologies. Although money, goods and services may move relatively freely, people do not. Processes of inclusion and exclusion occur within and between countries and regions. A typology of migrant incorporation is presented. Questions of human security and border controls are considered. Recommendations are made concerning the protection of migrant human rights.
34
Raffer, Kunibert. "Rethinking Sovereign Debt: Pleading for Human Rights, the Rule of Law, and Economic Sense." Accounting, Economics, and Law: A Convivium 6, no. 3 (December 1, 2016): 243–62. http://dx.doi.org/10.1515/ael-2015-0015.
Full textAbstract:
Abstract Reviewing and commenting on Lienau’s book Rethinking Sovereign Debt, Politics, Reputation, and Legitimacy, this paper agrees with most of her points, aiming at supporting and complementing rather than contradicting her line of argument. It wants to corroborate her points as well as to bring up aspects that the book does not discuss. It presents two main comments on the more civilized treatment of sovereign debtors before WWII, and on the role of the Bretton Woods Institutions after 1945 that – as Lienau correctly notes – changed the positon of debtors fundamentally. The paper shows that going further back into history than the book did, namely sovereign debts in the nineteenth century, strongly corroborates Lienau’s line of argument regarding the period before WWII. The paper complements the role of the Bretton Woods Institutions with further facts, arguing that their strongly statist view is also self-serving and helpful to support multilateral lending practices violating these institutions’ statutes. Finally, the new tendency back to a non-statist regime she rightly observes is commented on, pointing out that present debt management in the eurozone constitutes a considerable backlash.
35
Tolstykh, Vladislav. "Cultural Foundations and Mythological Nature of Human Rights." Russian Law Journal 8, no. 2 (June 19, 2020): 104–19. http://dx.doi.org/10.17589/2309-8678-2020-8-2-104-119.
Full textAbstract:
The author claims that the concept of human rights arose on European soil as a result of certain cultural, political, and economic factors. Its primary base is formed by Christian ideas, secularized with the dissolution of feudalism and the spread of capitalism. In particular, this concept synthesized the Christian ideas of God’s likeness of man and the omnipresence of God: being god-like, man, like God, may be present in all things, though not in all at once. The main beneficiary was the bourgeoisie, who used personal rights to destroy feudal institutions, political rights to establish control over the state, and economic and social rights to mitigate class contradictions and distract their opponents. The religious origin of rights is the key to understanding their important features such as the absence of logical basis for human rights; helplessness of the law in front of acts that undermine the foundations of order and are marked as acts of self-realization; extraordinary diversity of rights, etc. There are several directions of human rights criticism (conservative, moderateliberal, Marxist and Christian). All of them assume that human rights neither adequately reflect human nature, nor take into account some of its aspects. Indeed, man is not only an individual seeking to choose, but also a member of a collective who needs a recognition (conservatism); a being alienated from labor and racial life (Marxism); a believer seeking to avoid sin (early Christianity) and obedient to divine will (Islam); a being who suffers from constant suffering and seeks to be saved from it (Buddhism); a victim of civilization, oppressed by the flow of information and the need for constant choice This inadequacy entails a destructive effect: the concept of rights creates a monochrome picture, on which, the human existence is reduced to act of will; gives rise to logical contradictions; destroys reality, monopolizing the axiological basis of cooperation; is used as a tool of submission and domination; creates an absolute justa causa; alienates from existence and forms the basis for other levels of the mythological structure. The history of human rights is not complete: It seems that today humanity is on the eve of fundamental transformations, whose content and final result are difficult to predict.
36
Mavedzenge, Justice Alfred. "Revisiting the role of the judiciary in enforcing the state’s duty to provide access to the minimum core content of socio-economic rights in South Africa and Kenya." Journal of Comparative Law in Africa 7, no. 2 (2020): 60–89. http://dx.doi.org/10.47348/jcla/v7/i2a3.
Full textAbstract:
Although the realisation of the full scope of each socio-economic right is meant to be achieved progressively, Kenya and South Africa have an international obligation to immediately provide vulnerable persons with access to the minimum core of each of these rights. As revealed (again) by the COVID-19 pandemic, the two states are in violation of this obligation as millions of people in both countries are living in abject poverty, without access to the bare necessities. Attempts to enforce the government’s minimum core obligations have failed at least three times in South Africa, and the Court of Appeal in Kenya has hesitated to enforce these obligations. Relying on the doctrinal review of jurisprudence from both countries and international law, this article proposes that, in order to enforce the minimum core obligations without violating the separation of powers doctrine, the judiciary must be perceived to have a primary role and a secondary role. The primary role of the court must be to enforce meaningful engagement between the state and the rights bearers in determining the quantitative aspects of the minimum core content of each right. Once the state has developed this core content, the court can review its reasonableness by measuring it against the qualitative minimum standards imposed by the right. In circumstances of urgent need, where the state has failed to develop a reasonable quantitative minimum core content and rights bearers are in danger of suffering irreparable harm, the court should invoke its secondary role which entails setting the quantitative minimum core content to be provided by the state as a temporary measure.
37
Hasani, Nikolin. "Human Beings Trafficking. the Albanian Legislation." European Journal of Multidisciplinary Studies 1, no. 1 (April 30, 2016): 75. http://dx.doi.org/10.26417/ejms.v1i1.p75-80.
Full textAbstract:
Human trafficking has emerged as a negative phenomenon, with a large multiple social risks, primarily based on human rights violations practices, on the continuous victimization of people and the denial of human dignity. Economic recession, cultural and rural families, tin heterogeneity of the urban population are also other factors which facilitate domestic trafficking. Albania's geographical position at the external borders of the EU is a mitigating factor for Albanians and other populations in the region to move towards Europe illegally. The aim of this paper is to presents the legal aspects of trafficking in human beings in Albania after the communism regime.
38
Nguyen, Thi Hong Yen. "Legal System Reform and Challenges on Assurance of Human Rights Standards in Vietnam." Journal of Southeast Asian Human Rights 4, no. 2 (December 7, 2020): 427. http://dx.doi.org/10.19184/jseahr.v4i2.13699.
Full textAbstract:
Since the Doi Moi (Vietnam’s economic reform) in 1986 to date, Vietnam has continuously made efforts to reform its legal system to better adapt with requirements to develop in different historical periods. Vietnam considers ensuring fundamental human rights as one of the cross-cutting goals in national development policies and strategies. It is undeniable that the outcomes of legal system reform had a positive impact on all aspects of life and on the assurance of human rights and citizen’s rights in particular. However, due to the effects of e international integration and 4.0 industrial revolution the emergence of new-generation trade agreements (FTAs), the current legal system in Vietnam has revealed certain limitations that need to be improved in order to better guarantee fundamental rights. With the objective to bring about the general picture of legal reform on human rights in the recent years in Vietnam, this article will focus on introducing the legal system and its impact on the assurance of human rights standards and highlighting the priorities that need to be revised.
39
Trachuk, P., and Iryna Anatoliyvna Nesterova. "Theoretical aspects of the state and local self- government authorities’ relations." Problems of Legality, no. 153 (June 16, 2021): 92–103. http://dx.doi.org/10.21564/2414-990x.153.227100.
Full textAbstract:
The article investigates the theoretical and practical aspects of the main parameters of state and self-government structures, its interaction in the process of formation and development of the state, its separation from society. The authors make a general description of the state, local government, social sphere. Attention is paid to the issues of relations between local self-government and institutions of the state, society, institutions of human and citizen’ rights and freedoms. The objective factors of the relationship between the state and self-government principles are considered, including the degree of socio-economic maturity of society, the ratio and arrangement of social groups. An attempt to determine the role of the individual in the implementation of the harmonization of human and citizen rights and freedoms with the interests of the state and society has been made there.
40
Khan, Ashrafuzzaman, and Mrinmoy Samadder. "Struggling Insecurity: Ahmadiyya Community in Bangladesh." International Journal on Minority and Group Rights 20, no. 3 (2013): 371–79. http://dx.doi.org/10.1163/15718115-02003002.
Full textAbstract:
Human security is a fundamental approach, which focuses on ensuring security for the individual in respect of socio-economic status, creed and ethnic background. Religious difference serves as a source of potential conflict in every heterogeneous society that violates human security and human rights. The study examined how religious identity jeopardised human security and human rights in relation to the Ahmadiyya community in Bangladesh. A qualitative method was applied to collect data using in-depth interviews, case studies, informal group discussions and participant observations. The study revealed that Ahmadiyya could hardly escape from vicious attacks and harassments because of their religious identity. The study also found that the prevailing state of insecurity violated the human rights of the community with regard to different social aspects. Under harsh circumstances, many Ahmadiyya left their residences to save their lives from aggressive persecutions from anti-Ahmadiyya sections. Thus, the violent experiences of the Ahmadiyya discouraged them from contributing to socio-economic growth of the nation.
41
Palmer, Ellie. "Beyond arbitrary interference: the right to a home? Developing socio-economic duties in the European Convention on Human Rights." Northern Ireland Legal Quarterly 61, no. 3 (March 11, 2020): 225–43. http://dx.doi.org/10.53386/nilq.v61i3.452.
Full textAbstract:
This paper is concerned with divergent trends in the protection of socio-economic rights by the European Court of Human Rights (ECtHR). It focuses on the potential to gain access to housing or housing-related benefits through the incremental development of positive obligations in the European Convention on Human Rights (ECHR). First, it argues that, despite the conceptual inadequacy of the positive–negative dichotomy of rights, its influence is still strongly reflected in the ECtHR’s jurisprudence. It demonstrates that, despite the potential to develop the positive aspects of Articles 3 and 8 ECHR to protect vulnerable homeless individuals in respect of their need for shelter, strategic successes of the past decade, such as Connors v UK and McCann v UK, reflect a bias towards claims involving negative interference with the enjoyment of an existing home. Second, the article considers the implications of a trend towards the harmonisation of socio-economic rights in member states, through use of the fair trial right in Article 6, or the right to equal treatment in Article 14, read with Article 1 of Protocol 1 ECHR. It argues that, despite the impression of progress in Tsfayo v UK and Stec v UK, ,the ECtHR has relied on an artificial extension of substantive rights to a fair trial or to property covered by the Convention, rather than on efforts to address issues of socio-economic disadvantage more holistically through the development of a principled jurisprudence of positive obligations in the ECHR.
42
Da Silva, Michael. "The Complex Structure of Health Rights." Public Health Ethics 13, no. 1 (February 3, 2020): 99–110. http://dx.doi.org/10.1093/phe/phaa001.
Full textAbstract:
Abstract Research on how to understand legally recognized socio-economic rights produced many insights into the nature of rights. Legally recognized rights to health and, by extension, health care could contribute to health justice. Yet a tension remains between widespread international and transnational constitutional recognition of rights to health and health care and compelling normative conditions for rights recognition from both philosophers seeking to identify the scope and structure of the rights and policy scholars seeking to understand how to practically realize such rights (and measure realization of same). This work identifies an overlooked source of these difficulties: the right to health care and other health rights are necessarily ‘complex’, consisting of multiple related, but irreducible, morally valuable components. ‘Complex rights’ do not fit the traditional structure of human rights, so legal recognition of same can appear confused from a philosophical perspective, but there is ample reason to admit complex rights into our moral ontology and doing so can help bridge the divide between global health practices and ongoing work in the philosophy of rights and public policy. Recognition of complex rights admittedly shifts the burden for justifying health rights, but it does so in a way that is instructive for general philosophical analysis of socio-economic rights.
43
Dmitrievich Burykin, Alexey, Vera Vitalievna Zholudeva, Evgenia Evgenievna Kuzmina, Nadezhda Fedorovna Melnichenko, Konstantin Anatolievich Lebede, and . "Methodological Aspects of Assessing the Quality of Life of Re-gions’ Residents." International Journal of Engineering & Technology 7, no. 4.38 (December 3, 2018): 96. http://dx.doi.org/10.14419/ijet.v7i4.38.24330.
Full textAbstract:
The paper is devoted to developing a set of techniques for assessing the quality of life in regions. The authors’ proposed system of indicators is not universal, but it does help to demonstrate the significance of social partnership at the regional level. The study’s findings help to come to the conclusion that a crucial objective is to cultivate in people the knowledge about human rights and decent work, their own rights and ways to protect them, social protection. The authors prove that assessments of quality of life depend on both a region’s economic characteristics and its residents’ overall satisfaction with life, work, healthcare, and environmental conditions. The authors’ study has revealed that in the climate of social and economic instability the process of improving people’s quality of life requires substantial modernization, primarily in the area of determining specific directions and ways of diversifying the key sources of moral satisfaction and income of the population.
44
MOURAD, Mahmoud, and Rim FARHAT. "Women's Civil and Political Rights in Lebanon and France and Their Impact on Economic Growth." Journal of Public Administration and Governance 10, no. 1 (February 18, 2020): 132. http://dx.doi.org/10.5296/jpag.v10i1.16489.
Full textAbstract:
This study carried out a quantitative analysis of several variables in both Lebanon and France. Specific aspects related to education, unemployment, vulnerable employment, gender gap, and participation in parliamentary life were studied. We started from the rationale that human rights necessitate that human beings so it is imperative that each individual enjoy civil and political rights, which means in addition to the right to life and the right equality, there should be the right to the legal recognition and participation in public life whether through employment or elections. These rights have been recognized by the international human rights laws, mainly in the Universal Declaration of Human Rights by United Nations and by the existing local laws both in Lebanon and France.The tests of homogeneity for the panel data models from Lebanon and France have been implemented carefully considering the linear relationship between the real GDP as a dependent variable and three of the independent variables consisting of the rate of women teachers in the secondary education , the rate of female to male ratio in labor force participation , the rate of women’s vulnerability to risks in the female labor force . The study demonstrated the importance of the Random Effects Model (REM) using the the log-transformed data. The study revealed a positive impact of both and on the real GDP while the variable has a negative impact both in Lebanon and France during the period (2008-2017).
45
Papantoniou, Angeliki. "Advisory Opinion on the Environment and Human Rights." American Journal of International Law 112, no. 3 (July 2018): 460–66. http://dx.doi.org/10.1017/ajil.2018.54.
Full textAbstract:
On November 15, 2017, the Inter-American Court of Human Rights (Court) rendered a historic advisory opinion (Advisory Opinion) on the relationship between human rights and the environment. The opinion was a response to a request from Colombia regarding extraterritorial jurisdiction of state parties to the American Convention, in particular their obligations under the rights to life and personal integrity, arising from the construction and operation of large-scale infrastructure projects in the Greater Caribbean region. Colombia's concern was that, due to their dimensions and permanence, such projects could cause significant environmental harm, that goes beyond national borders, and, as a consequence, adversely affect the inhabitants of the whole region and the enjoyment of their rights under the Convention (para. 2). One of the most important aspects of the Advisory Opinion is the Court's finding that in relation to large-scale transboundary infrastructure projects, state parties to the Convention can exercise extraterritorial jurisdiction under certain circumstances and thus be responsible for the human rights of the people in the affected area. Another significant finding of the Court is that Article 26 of the American Convention, which provides for the progressive realization of economic, social, and cultural rights, includes an autonomous right to a healthy environment—a right fundamental for the existence of humankind. Finally, the Court directly linked the rights to life and personal integrity with general principles of international environmental under a due diligence obligation. The Court's extensive use of international environmental law instruments, case law, and reasoning could pave the way for greater interconnection and integration between human rights and international environment law obligations.
46
Lee, Joo-Young, and Paul Hunt. "Human Rights Responsibilities of Pharmaceutical Companies in Relation to Access to Medicines." Journal of Law, Medicine & Ethics 40, no. 2 (2012): 220–33. http://dx.doi.org/10.1111/j.1748-720x.2012.00660.x.
Full textAbstract:
The Constitution of the World Health Organization (WHO) affirms that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” The Universal Declaration of Human Rights lays the foundations for the international framework for the right to health. This human right is now codified in numerous national constitutions, as well as legally binding international human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights.Although medical care and access to medicines are vital features of the right to health, almost two billion people lack access to essential medicines, leading to immense avoidable suffering. Improving access to essential medicines could save 10 million lives each year, four million of them in Africa and South-East Asia alone. Gross inequity is a shocking feature of the world pharmaceutical situation.
47
Нуртдинова, Алия, and Aliya Nurtdinova. "Social Responsibility of Business: Legal Aspects of the Economic Concept." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7247.
Full textAbstract:
The article deals with the problem of creation of the business (corporative) social responsibility conception and key elements of this conception. The functioning of the market economy in the modern society is impossible without strong ties between society and business community, social obligations of companies, corporations, firms and so on. Idea of business (corporative) social responsibility reflects these ties and is based on the philosophical doctrine of moral ideals as the goal of social progress. Business (corporative) social responsibility supposes free-will initiatory social activity of companies — activity, that is not related to commercialization. There are some areas of such activity: occupational safety, providing favourable conditions of employment, protection the environment, social security, health protection, culture and education. The author has attempted to characterize principles of companies’ social activity. These are: respect for law order, which means not only subjection to the law, but voluntary renunciation of using deficiencies of law and other law imperfections; respect for international laws; respect for human rights; concerning for moral ideals. Companies realize social responsibility in different ways. First of all through collective bargaining procedure. The next way is cooperation with government and local communities. Cooperation with non-government organizations (civil society organizations) and charity are also possible.
48
Njenga, Frank G., and Pius A. Kigamwa. "Mental health policy and programmes in Kenya." International Psychiatry 2, no. 8 (April 2005): 12–14. http://dx.doi.org/10.1192/s1749367600007219.
Full textAbstract:
Following a 10-year war of liberation (fought by the Mau Mau against the British), Kenya attained full independence from colonial rule in 1963. For 10 years the country enjoyed rapid economic growth (6–7% per annum) but this slowed steadily to near stagnation in the 1990s. Poor governance, abuse of human rights, internal displacements of citizens, large numbers of refugees from neighbouring countries and the AIDS pandemic conspired to reduce Kenyans’ life expectancy to 47 years (in the UK it is presently 77 years). Some 42% of the population now live below the poverty line, and 26% of Kenyans exist on less than US$1 per day. The annual per capita income in Kenya is US$360 (in the UK it is $24 000) (World Bank, 2002). AIDS currently has an estimated prevalence rate of 12%. In large parts of rural Kenya many sexually active adults are unable to work, and elderly grandparents are left to look after orphaned children (some already infected with HIV), as they struggle to deal with their own grief for the loss of many of their own children. In December 2002 a new government was elected, which gives some grounds for optimism in an otherwise bleak situation.
49
Jackson, Kevin. "Cosmopolitan jurisprudence for economic governance." Society and Business Review 11, no. 3 (October 10, 2016): 276–96. http://dx.doi.org/10.1108/sbr-08-2015-0041.
Full textAbstract:
Purpose The paper aims to extend deliberation on legal and political aspects of debate over globalisation versus cosmopolitanism into the field of jurisprudence – philosophy of law. It gives particular attention to questions of the legitimacy of international law and emerging forms of economic governance for business enterprises, soft law, rule of law, accountability and human rights. Design/methodology/approach In terms of research method, the paper proceeds from normative, as opposed to empirical studies. The paper develops arguments connected with cosmopolitan jurisprudence, a value-based frame of reference for corporate social responsibility. In legal and moral philosophy, normative statements derive from arguments concerning what states of affairs ought to be, how they are to be valued, which things and actions are good or bad. Normative claims contrast with positive (descriptive or explanatory) claims with respect to types of theories, beliefs or propositions. Value is both independent of fact and, at the same time, of an objective nature. Findings A cosmopolitan jurisprudence frame of reference for economic governance treats human communities as interdependent and takes seriously the human rights obligations and ethical and legal responsibilities of international business enterprises presupposed by international rule of law. In contrast to globalisation jurisprudence, the cosmopolitan philosophy of international law seeks justificatory ground, not only exclusively for traditional forms of centralised governmental authority but also for decentralised, polycentric, private and hybrid public–private forms of authority. Research limitations/implications The paper demonstrates the insufficiency of just describing, as political science and economics does, the emergence of new arrangements for global economic governance. As well, it is insufficient for management theory to propose instrumental strategies for managing various stakeholder interests at play in emerging forms of governance. Efforts of empirical researchers in documenting, classifying and providing empirical analysis of power shifts do not provide moral justifications or groundings of legitimacy from human rights and rule of law. The paper shows how a cosmopolitan jurisprudence standpoint is a fertile theoretical source for addressing such justificatory issues. Practical implications In the context of a rapidly globalising economy, the justification of responsible business conduct across borders and cultures is more and more becoming a pressing practical concern. Increasingly, private actors are operating in authoritative positions, fulfilling governing functions once perceived to be the exclusive domain of nation-states. Social implications The paper suggests that more important than focusing exclusively on descriptive, coercive and instrumental features of law, and seeking some overarching sanctions system that would necessitate pledging allegiance to a global super-sovereign, is cultivating social awareness of the importance of non-instrumental internal dispositions of actors to respect the normative obligatory nature of norms. The intrinsic value of rule of law and human rights provides a vital intellectual pathway for surmounting legitimacy gaps in global economic governance. Originality/value The paper breaks new ground by developing a cosmopolitan jurisprudence as an alternative to globalisation jurisprudence. This new articulation of cosmopolitan jurisprudence serves to provide analysis of philosophical justifications for emerging soft law syndicates that purport to establish obligations for business enterprises and other participants towards soft law regimes touching upon sustainability and human rights responsibilities.
50
Thornton, Arland, Shawn Dorius, Jeffrey Swindle, Linda Young-DeMarco, and Mansoor Moaddel. "Middle Eastern Beliefs about the Causal Linkages of Development to Freedom, Democracy, and Human Rights." Sociology of Development 3, no. 1 (2017): 70–94. http://dx.doi.org/10.1525/sod.2017.3.1.70.
Full textAbstract:
This paper investigates the extent to which people in five Middle Eastern countries endorse key beliefs of developmental idealism that associate development with freedom, democracy, and human rights. Developmental idealism is a set of beliefs concerning the desirability of development, the methods for achieving it, and its consequences. The literature suggests that these beliefs have diffused worldwide among elites and lay citizens and posits that when such beliefs are disseminated they become forces for social and economic changes. Although developmental idealism research has primarily examined family and demographic issues, developmental idealism has tremendous potential to influence other aspects of society. This paper extends knowledge by considering societal aspects not addressed previously in the developmental idealism literature: personal freedom, democracy, and human rights. Using survey data from Egypt, Iraq, Lebanon, Saudi Arabia, and Turkey, we investigate how publics of these countries associate development with these elements. We find that majorities believe development brings greater personal freedom, democracy, and human rights. Conversely, the data show that in four of the countries majorities believe more personal freedom contributes to development. These findings provide support for the idea that developmental idealism beliefs concerning freedom, democracy, and human rights have diffused to lay publics in these five Middle Eastern countries. We also find evidence of uniquely Islamic developmental models; a significant proportion of people in these countries believe that more religion will bring more development.