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Journal articles on the topic 'Realisation of the right'

Author: Grafiati

Published: 7 July 2024

Last updated: 31 July 2025

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1

Juwita, Ratna. "The Right to Education in the Era of the ASEAN Community." Asia-Pacific Journal on Human Rights and the Law 21, no. 2 (2020): 195–236. http://dx.doi.org/10.1163/15718158-21020002.

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Abstract The establishment of the Association of Southeast Asian Nations (asean) Community in 2015, marked a milestone of progressive regionalisation in the Southeast Asia region. The asean Intergovernmental Commission on Human Rights (aichr) and asean Commission on the Promotion and Protection of the Rights of Women and Children (acwc) were designated as pivotal organs to strengthen the realisation of the right to education as part of the rights guaranteed in the asean Declaration of Human Rights. The asean Political-Security and Socio-Cultural communities recognise the importance of human ri

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Nordvik, Marie Lindsjørn, and Mona Martnes. "Care as a Prerequisite for the Realisation of Rights." International Journal of Children’s Rights 32, no. 3 (2024): 611–31. http://dx.doi.org/10.1163/15718182-32030006.

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Abstract Care is both a fundamental right for children, and central for a holistic realisation of other rights in the UN Convention on the Rights of the Child. Children have a right to care as is necessary for his or her “well-being”. Therefore, an analysis of the right to care, requires an understanding of the term well-being. In jurisprudence, well-being is underexamined. Nonetheless, there are several legal theories that are connected or relevant to care and well-being. Nevertheless, children’s rights are not based on one single theoretical fundament. In this article, we examine the right t

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Rao, Shailashree, and Gomati Agarwal. "“Self-Realisation Leads to the God Realisation”." International Journal of Research and Scientific Innovation XII, no. VI (2025): 44–55. https://doi.org/10.51244/ijrsi.2025.12060005.

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Every person’s life is like Kurukshetra; their good qualities are like friends, and their bad qualities are like enemies. Life itself is like a battlefield where we have to make the right decisions to achieve our goals. Seldom does the mind become confused regarding right and wrong, and it wanders; in the meanwhile, we make the wrong decision. As a result, there is a struggle between good and dreadful, false and truth, and true and evil. The term “Dharmakshetra” refers to this. When one is surrounded by unfavourable gesture impressions of the outside world or one’s own physical possessions, th

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Bourke, Ashling, Benjamin Mallon, and Catherine Maunsell. "Realisation of Children’s Rights under the UN Convention on the Rights of the Child to, in, and through Sexuality Education." International Journal of Children’s Rights 30, no. 2 (2022): 271–96. http://dx.doi.org/10.1163/15718182-30020001.

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Abstract Through the framework of the Convention of the Rights of the Child (uncrc), this paper argues that quality sexuality education is fundamental to the realisation of rights for children and young people, particularly those related to their identity, sexual lives and relationships. Beyond the right to education itself and sexual health, sexuality education supports the realisation of a wide range of children’s rights including wellbeing, protection, participation, identity and equality. The paper argues for the specific ways in which quality sex education supports the realisation of such

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Heyns, Christof, Charles Fombad, Pansy Tlakula, and Jimmy Kainja. "The Right to Political Participation in Sub-Saharan Africa." Global Journal of Comparative Law 8, no. 2 (2019): 128–61. http://dx.doi.org/10.1163/2211906x-00802002.

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The effective realisation of the right to political participation is essential for the legitimacy of political systems and for enabling the people to shape, and assume responsibility for, their lives. Although the right to political participation is recognised in article 25 of the International Covenant on Civil and Political Rights as well as in other international treaties, its realisation in practice is often partial, it depends on the extent to which numerous interrelated rights, such as those to freedom of expression, access to information and peaceful protest, have been secured. Focusing

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Bhat, Sairam, and Lianne D'Souza. "Eco-Centrism and the Right to Development: Bridging the Dichotomy." Christ University Law Journal 11, no. 1 (2022): 35–57. http://dx.doi.org/10.12728/culj.20.2.

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The link between human rights and the environment in environmental law and governance has been a rather contentious one. On one hand, environmental norms can advance the pursuit of human rights and human welfare and on the other hand, they can be an impediment in the realisation of human rights. The interface between the human right to development and the eco-centric approach to environmentalism best highlights such paradigmatic tensions in the human-environment dualism. This paper explores the dichotomy between human rights and environmental norms, by evaluating the interaction between eco-ce

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Gyuldzhyan, Gaik G. "On legal gaps in the international law related to the realisation of the right of peoples to self-determination." Vestnik of Kostroma State University 28, no. 2 (2022): 267–72. http://dx.doi.org/10.34216/1998-0817-2022-28-2-267-272.

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The article is devoted to the main gaps in international law, impeding the realisation of the right to self-determination. The current stage of development of international relations entails the need to search for new approaches to resolving conflict situations and to improve existing legal mechanisms, including those related to the realisation of the right of peoples to self-determination. The author analyses the categories of subjects of the right in the issue and the forms of its implementation envisaged for each of them. Special attention in this article is paid to the international law co

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Kamga, Serges Djoyou. "THE G77 AND THE RIGHT TO DEVELOPMENT." Latin American Report 31, no. 1 (2016): 58–76. http://dx.doi.org/10.25159/0256-6060/428.

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Established in 1964, the G77 is the largest intergovernmental organisation representing developing countries in the United Nations. It was established to ensure a just world order and to ensure the realisation of the controversial right to development (RTD). The aim of this article is to explore the role of the G77 in fostering this realisation. To this end, it examines the platforms on which the G77 operates at the UN and beyond to explore the likelihood to lead to the achievement of the RTD. It finds that the UN Second, Third and Fourth Committees provide opportunities where the G77 can use

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Koonan, Sujith. "Revamping the Groundwater Legal Regime in India: Towards Ensuring Equity and Sustainability." Socio-Legal Review 2016, no. 2 (2016): 45. http://dx.doi.org/10.55496/yrux4355.

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The evolution of a separate groundwater law in India is a relatively new development. This development marks a shift from the dated common law rule that recognises the uncontrolled right of landowners over groundwater, which perpetuated gross inequity in accessing groundwater by restricting access only to landowners. In this context, framing of new groundwater laws is seen as a key step towards addressing the aggravating problems of depletion and contamination of groundwater along with eliminating inequity in accessing groundwater. Access to groundwater is also directly related to the realisat

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Marais, ML, S. Drimie, and C. Boshoff. "Determinants for realisation of the right to food among adolescents in Sterkspruit, eastern cape province, South Africa." African Journal of Food, Agriculture, Nutrition and Development 21, no. 05 (2021): 18131–53. http://dx.doi.org/10.18697/ajfand.100.19310.

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Globally, the youth population aged between 10 and 24 years is the fastest growing and faces health and nutritional challenges affecting their growth and development, livelihoods and future careers. The government needs to take necessary action towards the full realisation of the right to health, water, education and adequate standards of living, amongst others. A cross-sectional descriptive study using a mixed method approach was conducted. The study aimed at gaining an insight into perceptions about underlying factors, having an impact on the realisation of the Right to Food (RtF)of adolesce

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Knežić, Branislava, and Maja Savić. "Obrazovanje u zatvoru: od prava do realizacije." Obrazovanje odraslih/Adult Education 13, no. 2 2013 (2013): 67–86. http://dx.doi.org/10.53617/issn2744-2047.2013.13.2.67.

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Increasing number of returnees, congestion of prisons and bad conditions in prisons do not indicate that the society is coping with delinquency in best possible way. Since 1980s in most western countries and in our country also the concpet of social rehabilitation is being criticised for not bringing a drop in the crime rate or recidivsm. Problem which societies are facing is how to prepare prisoners, while they still serve a sentence, for inegration into society once they have left prison. To achieve this goal education can play a very important role. In this article we will treat different a

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Agarwal, Dr Anita. "An Overview of the Developments in the Discipline of Human Rights." Praxis International Journal of Social Science and Literature 6, no. 6 (2023): 85–89. http://dx.doi.org/10.51879/pijssl/060613.

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Human rights must be maintained and made available to everyone since they are necessary for the whole development of each person's individuality within society. The inevitable expansion of government control over people's behaviour has led to a demand for protection, which is in no way to be viewed as beneficial. The realisation that all laws, whether they are rules of municipal law or that of international law, should have as their purposes the protection of human rights in the interest of humanity was brought about by people's realisation that their rights also required the protection by sta

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Paul Mbuya, Alphonce. "Protection of Older Persons’ Right to Healthcare by United Nations Human Rights Treaties." International Journal of Legal Developments & Allied Issues 08, no. 05 (2022): 36–47. http://dx.doi.org/10.55662/ijldai.2022.8501.

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This article examines the protection of older persons’ right to healthcare by the United Nations (UN) Human Rights treaties. Although there are diverse scholarly views on its nature and scope, health is firmly recognised as a right by UN human rights treaties which define health as a right and impose certain obligations on states for realising it. Therefore, the inclusion of the right to health in various human rights instruments is the basis for understanding the normative framework of the right as it applies to older persons and the nature of the measures which states must take to ensure its

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Pushkar, Pavlo, and Oleksii Ivanets. "Right to freedom of religion and the principle of neutrality of the state in in the case-law of the European Court of Human Rights and the decisions of the Committee of Ministers of the Council of Europe. Ukrainian Perspective and view to the future." Ukrainian Journal of International Law 3 (September 30, 2020): 41–55. http://dx.doi.org/10.36952/uail.2020.3.41-55.

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This article suggests a review of the case-law of the European Court of Human Rights and the practices of the Committee of Ministers of the Council of Europe as sources of evaluation of the material and procedural requirements as to the right to freedom of expression. These practices, being synchronised and coherent, are aimed at ensuring implementation of the requirements of the Convention. The right to freedom of expression reflects several aspects of realisation of this right – its realisation as an individual and its collective dimension – together with other persons, or even refusal to ex

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Agbor, Avitus A. "Pursuing the Right to an Effective Remedy for Human Rights Violation(s) In Cameroon: The Need for Legislative Reform." Potchefstroom Electronic Law Journal 20 (December 11, 2017): 1–29. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1764.

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Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a State Party to most of these human rights instruments, is bound to adopt measures aimed at giving effect to the rights contained therein. One of such steps, in my opinion, is the enactment of domestic legislation that defines the content of these rights; stipulates the

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Tavuyanago, Simbarashe. "Exploring the sensitive interplay between labour law and competition jurisprudence: Coca-Cola Beverages Africa (PTY) Ltd v Competition Commission of South Africa & Another [2024] ZACC 3." De Jure 57, no. 1 (2025): 196–205. https://doi.org/10.17159/2225-7160/2024/v57a14.

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On 17 April 2024, the Constitutional Court of South Africa handed down a landmark judgment in Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission & Food and Allied Workers Union [2024] ZACC 3. The case highlighted the intersection of labour and competition, two areas of the law that are cardinal to the protection, promotion, and realisation of socio-economic rights. Labour law is paramount to the realisation of socio-economic rights because it regulates, among other things, the right to fair wages, employment equity, safe working conditions, social security benefits, and job secu

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Mc Murray, I., and L. Jansen Van Rensburg. "Legislative and other measures taken by government to realise the right of children to shelter." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (2017): 53. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2845.

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The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be disc

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Rahbari, Ladan, and Mahmoud Sharepour. "Gender and Realisation of Women’s Right to the City in Tehran." Asian Journal of Social Science 43, no. 3 (2015): 227–48. http://dx.doi.org/10.1163/15685314-04303002.

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The right to the city consists of the right to appropriate spaces and participate in processes therein. Appropriation is referred to having share of the space, using it, owning it and valuing it because it has use value. Participation in the city includes decision making, constructing and living in the urban space. Components of right to the city can be approached from three dimensions, namely the politico-economic, physical and socio-anthropological. Based on the three levels of urban analysis introduced by Henry Lefebvre, the three dimensions can be further categorised. The right to the city

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Ibe-Ojiludu, Somadina. "Enhancing Human Development in Nigeria Through Constitutional Reform via the Human-Rights-Based Approach to Development." African Journal of International and Comparative Law 32, no. 2 (2024): 293–304. http://dx.doi.org/10.3366/ajicl.2024.0487.

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Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria’s human development by showing that the violation of human rights law is at the heart of Nigeria’s lack of human development. It offered some constitutional reform proposals that could potentially cure the country’s perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise

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Hensel, Sebastian, and Dawid Kielak. "Nielsen realisation for untwisted automorphisms of right-angled Artin groups." Proceedings of the London Mathematical Society 117, no. 5 (2018): 901–50. http://dx.doi.org/10.1112/plms.12150.

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Mofokeng, Tlaleng. "Who believes black women? Applying the right to health framework to undo epistemic injustice." Stellenbosch Law Review 34, no. 2 (2023): 249–60. http://dx.doi.org/10.47348/slr/2023/i2a1.

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Epistemic injustice has a significant impact on black women’s experiences of healthcare. The failure of medical professionals to consider the experience of black women impairs the realisation of their right to health. Moreover, it embeds the disadvantages that these women face, undermining the realisation of substantive equality. This lecture considers how the medical community’s failure to believe and listen to black women constitutes an example of epistemic injustice. First, it discusses the prevalence of so-called “sex testing” in sports and how it is often used to target black female athle

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Ganberov, Dashqin. "Main Models of Realisation of the Right of Association in the Azerbaijan Republic." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 22 (2022): 89–99. http://dx.doi.org/10.25143/socr.22.2022.1.089-099.

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Establishment and development of civil society is possible under conditions ensured by a legal state. It indicates that legal state and civil society can also be viewed as the embodiment of human rights and freedoms and specifically the right to associate. This is explained by movement of various factors. Features of the historical and cultural development, democratic, political and legal traditions, specificity of the political and legal system, differences in the perception of law as the universal social regulator of public relations. Establishment and ultimately completion of establishment

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Okorie, Chijioke. "Realising a ‘Right’ to Research in Nigeria and South Africa: The Role of the Executive Arm of Government." Journal of Comparative Law in Africa 10, no. 2 (2023): 141–73. http://dx.doi.org/10.47348/jcla/v10/i2a5.

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Development agendas and plans such as South Africa’s National Development Plan 2030 and Nigeria’s National Development Plan 2021–2025, indicate the need for, and benefits of, development research to sharpen countries’ innovative edge and to contribute to global scientific and technological advancement. Recent scholarship has highlighted the positive impact on national development of copyright exceptions allowing for the right to research. This can be in the form of either a complete defence to copyright infringement, or, as user rights. However, the realisation of a right to research has been

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Makore, Shelton T. Mota, and Patrick C. Osode. "Shifting the Paradigms of International Agricultural Subsidies Regulation to Advance the Human Right to Food." African Journal of International and Comparative Law 33, no. 1 (2025): 53–81. https://doi.org/10.3366/ajicl.2025.0512.

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The regulation of agricultural subsidies under the auspices of the World Trade Organisation (WTO) remains an acrimonious and challenging issue perplexing government policy-makers, trade practitioners and academic commentators at large. Central to this challenge is the view that the extant multilateral trade regulation rules governing agricultural subsidies under the ‘twin’ instruments, the Agreement on Agriculture (AoA) and the Agreement on Subsidies and Countervailing Measures (SCM), are, in terms of their formulation, unable to accommodate or, better still, promote the indisputably critical

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Roux-Kemp, Andra Le. "The Enforceability of Health Rights in Kenya: An African Constitutional Evaluation." African Journal of International and Comparative Law 27, no. 1 (2019): 126–49. http://dx.doi.org/10.3366/ajicl.2019.0262.

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Kenya's recently promulgated 2010 Constitution has been met with much enthusiasm and expectation after a difficult and protracted history of constitutional development and reform. This article considers and evaluates the key constitutional provisions with regard to the recognition of health rights in Kenya together with other health-related provisions, and with specific reference to the realisation and enforceability thereof. This evaluation will be conducted from a comparative perspective with references made to other African constitutions and case law. It is the objective of this article to

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Verdoodt, Valerie, Robbie Fordyce, Lisa Archbold, Faith Gordon, and Damian Clifford. "Esports and the Platforming of Child’s Play During covid-19." International Journal of Children’s Rights 29, no. 2 (2021): 496–520. http://dx.doi.org/10.1163/15718182-29020013.

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Abstract The coronavirus pandemic has significantly restricted children’s opportunities for play and socialisation with friends in physical outside spaces. As a consequence, children’s participation in educational, play and entertainment activities are now predominantly taking place online. One form of online play which has become immensely popular with a young audience, is esports. However, esports and the platforming of play have been associated with public health concerns and excessive commercialisation. This paper will therefore address these issues through the lens of children’s rights, i

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Teeuwen, Aekje. "Procedural Rights Supporting Expeditious Trials for Juveniles." Asia-Pacific Journal on Human Rights and the Law 22, no. 2 (2021): 150–85. http://dx.doi.org/10.1163/15718158-22020004.

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Abstract Delays pending trials can negatively impact juveniles. Encouragingly, the right of juvenile defendants to be tried within a reasonable time has been enshrined in international and regional human rights instruments. To support and strengthen the realisation of this specific right, several additional procedural entitlements, to which existing scholarship has paid limited attention, are of importance. This article focuses on how the rights to an effective remedy and legal representation can support the fulfilment of expeditious trials for juveniles. Furthermore, it analyses to what exten

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Petrović, Dražen. "The Freedom of Association as Seen by the International Administrative Tribunals." International Organizations Law Review 21, no. 2 (2024): 304–34. http://dx.doi.org/10.1163/15723747-21020004.

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Abstract Rules governing international civil service as compared with national law are not always clear. The ways that international administrative tribunals protect the principle of the freedom of association and identified the rights by which this principle is manifested and realised are interesting as the realisation of those rights is not always obvious in international organizations. The right to organise, the right to strike, the right to be consulted and the collective bargaining are not words that can be found in constituent documents of international organizations. But they are indisp

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da Lomba, Sylvie. "Irregular migrants and the human right to health care: a case-study of health-care provision for irregular migrants in France and the UK." International Journal of Law in Context 7, no. 3 (2011): 357–74. http://dx.doi.org/10.1017/s1744552311000188.

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AbstractInternational human rights law attaches the right of health care to the person. States, however, predicate this right on membership in the national community and access to publicly subsidised health care is normally contingent on national membership. With this in mind, this article considers the significance of a human rights approach to access to health care and undertakes a comparative study of health-care provision for irregular migrants in France and the UK. Irregular migrants are ineligible for national membership because they have breached immigration laws. Consequently their rig

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Schiel, Rebecca, Malcolm Langford, and Bruce M. Wilson. "Does it Matter: Constitutionalisation, Democratic Governance, and the Human Right to Water." Water 12, no. 2 (2020): 350. http://dx.doi.org/10.3390/w12020350.

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States are urged frequently by the UN, policymakers, and activists to recognise the human right to water domestically. However, does such legal incorporation, often in national constitutions, affect water policy and the realisation of the right? While several qualitative studies report positive impacts, initial quantitative assessments have questioned the systematic positive impact of the national recognition of the human right to water. Yet, such quantitative analyses of the effects of constitutional rights to water often overlook important mediating policy factors. We test specifically wheth

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Patrinos, Dimitri, Robyn McDougall, Michael J. S. Beauvais, and Bartha Maria Knoppers. "Whither Health Research." International Journal of Children’s Rights 31, no. 4 (2023): 865–89. http://dx.doi.org/10.1163/15718182-31040005.

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Abstract Under Article 24 of the Convention on the Rights of the Child (crc), children have the right to the highest attainable standard of health. One component of this right that has received little attention is the connection between children’s health and their participation in health-related research. This represents a missed opportunity in the full realisation of the right to health. This paper accordingly argues that Article 24 should obligate or incentivise State Parties to create more research opportunities for children in implementing this right. It explores the links between paediatr

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Stoczkiewicz, Marcin. "The Right to a Life-Sustaining Climate System: Selected Case Law." Chinese Journal of Environmental Law 7, no. 2 (2023): 301–15. http://dx.doi.org/10.1163/24686042-12340112.

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Abstract This article analyses the legal discourse concerning the right to a life-sustaining climate system. The subject of analysis is the discourse around selected landmark cases in which arguments were raised about the need to protect a stable climate for the sake of protecting fundamental constitutional rights threatened by the climate crisis (Juliana v United States, Urgenda v Netherlands, Neubauer v Germany, and Hawai’i Electric Light Co.). The analysis is conducted from the point of view of the legal sources (applicable legal norms, clearly recognised constitutional rights) from which t

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Le, Tung Son, and Van Tien Tran. "The conflict between the right to access S&T information and copyright protection from a legal perspective." Ministry of Science and Technology, Vietnam 63, no. 10 (2021): 46–51. http://dx.doi.org/10.31276/vjst.63(10).46-51.

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The right to access scientific and technological (S&T) information and copyright are two important legal institutions that play an important role in promoting creative activities, creating a foundation for the realisation of human and civil rights (such as the right to study and research; the right to access and enjoy cultural values, and the right to participate in spiritual and cultural life), and creating a driving force to promote the development of a learning society and a knowledge economy. However, in fact, through research on the current legal situation, these two legal institution

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Nyane, Hoolo. "The challenges of litigating the right to basic education in South Africa: Is the right realisable immediately or subject to resource limitation?" Journal for Juridical Science 49, no. 3 (2024): 46–69. https://doi.org/10.38140/jjs.v49i3.7989.

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The right to education is embodied in section 29 of the South African Constitution. Section 29(1) distinguishes between the right to basic education and the right to further education: the former is unqualified, while the right to further education has an internal qualifier. Like other socio-economic rights in the Constitution – such as the rights to housing, healthcare, food, water and social security – the right to further education imposes a positive obligation on the state to take reasonable measures within available means to realise the right progressively. The courts’ approach to this du

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Raudeliūnaitė, Rita, and Vida Gudžinskienė. "Socialinių pedagogų ir socialinių darbuotojų patirtis realizuojant vaiko dalyvavimo teisę vaikų dienos centruose." Socialinė teorija, empirija, politika ir praktika 27 (December 28, 2023): 168–81. http://dx.doi.org/10.15388/stepp.2023.27.10.

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The objective of the study is to reveal the realities of the realisation of the right of the child to participate in children’s day care centres based on the experience of social pedagogues and social workers. Qualitative research was chosen for the study by using the method of semi-structured interview. 11 professionals, who work in children’s day care centres in different Lithuanian regions, participated in the study. The study identified the expression of the realisation of the right of the child to participate in children’s day care centres. The expression of the right of the child to part

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Raudeliūnaitė, Rita, and Vida Gudžinskienė. "THE REALISATION OF CHILDREN’S RIGHT TO PARTICIPATION IN COMMUNITY CHILDREN’S CARE HOMES." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 2 (July 3, 2023): 146–57. http://dx.doi.org/10.17770/sie2023vol2.7064.

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The article reveals the findings of a qualitative study the aim of which was to identify the realities of the realisation of the children’s right to participation in the community children’s care home (hereinafter referred to as CCCH). Research questions of the study: What are real possibilities for children to realise their right to participate in the decision taking in CCCH? How are children involved in decision taking? Nine social workers, working in CCCHs in different locations in Lithuania, participated in the study.The study revealed that to realise the child’s right for participation a

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Напсо, М. Б. "Теоретические аспекты обеспечения права индивида и социальной общности на этнокультурные различия". СОВРЕМЕННОЕ ПРАВО, № 11 (2 грудня 2021): 22–26. https://doi.org/10.25799/ni.2021.60.18.004.

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В статье рассматривается вопрос об определении эффективных механизмов обеспечения права индивида и права этнической общности на этнокультурные различия. Актуальность проблематики обусловлена в первую очередь низким уровнем правовых и социальных гарантий реализации индивидуальных и коллективных прав, связанных с этнокультурной принадлежностью. Для преодоления крайне фрагментарного правового обеспечения в этой сфере автор предпринимает попытку определить наиболее важные подходы в решении проблемы. Признавая важность при решении проблемы идентификации и самоидентификации обеспечения равенства (ис

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Kuli-Ivanchenko, K. K., and A. V. Ivanchenko. "Constitutional right to education in Ukraine: specifics of implementation under the legal regime of martial law." Uzhhorod National University Herald. Series: Law 1, no. 84 (2024): 151–56. http://dx.doi.org/10.24144/2307-3322.2024.84.1.22.

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The article is dedicated to characterisation of the specifics of exercising the constitutional right to education under the legal regime of martial law. The right to education has its own distinctive features: firstly, it is a constitutional (fundamental) right, since it is established and guaranteed by the Fundamental Law of the state. This leads to its other features, such as direct effect, increased stability and protection by the state. Secondly, the constitutional right to education should be classified as a cultural right, as it provides a person with opportunities to receive educational

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Mykkänen, Merilii. "Freedom of Religion of Muslims in Finland." Context: Journal of Interdisciplinary Studies 11, no. 1 (2024): 35–62. http://dx.doi.org/10.55425/23036966.2024.11.1.35.

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Freedom of religion and the right to equality and non-discrimination are significant human and fundamental rights that are currently under-researched in the Finnish context. This article analyses how different legislative and societal structures adversely affect the realisation of positive religious freedom for Muslims in Finland by examining two case studies: freedom of religion among Muslim prisoners, and the impermissibility of headscarves as part of the police uniform. The article argues that although Finnish legislation does not directly limit freedom of religion, it contains structures t

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Stewart, Linda. "Resource constraints and a child's right to legal representation in civil matters at state expense in South Africa." International Journal of Children's Rights 19, no. 2 (2011): 295–320. http://dx.doi.org/10.1163/157181811x547290.

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AbstractSection 28(1)(h) of the South African Constitution bestows the right on every child to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result. Section 28(1)(h) places a positive duty on the state and the practical implementation of this right is dependent on the state's available resources. is paper enquires whether the criteria laid down by the South African Legal Aid Board may limit the realisation of s 28(1)(h) and if so, to what extent. It includes the question whe

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Beshtawi, Ahmed. "The Human Right to Water and the Realisation of Water Rights in the Occupied Palestinian Territory." Utrecht Law Review 16, no. 2 (2020): 137–49. http://dx.doi.org/10.36633/ulr.564.

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Sharma, Aman Kumar, and Saroj Bohra. "The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India." Asia-Pacific Journal on Human Rights and the Law 25, no. 2 (2024): 153–72. http://dx.doi.org/10.1163/15718158-25020003.

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Abstract This article examines the constitutional right to compensation for the violation of fundamental rights in the Indian context. It begins by exploring the historical development of this right, tracing its origins to the drafting of the Indian Constitution in 1950. The article then goes on to analyse the current state of the law in India with respect to this right, examining recent judicial decisions and legislative developments in this area. One key finding is the significant expansion of the right to compensation for violations of fundamental rights in India over the past decade. This

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Errico, Stefania, and Priscilla Claeys. "Human Rights and the Commons: Exploring Approaches to the Governance of Land and Natural Resources beyond Indigenous Peoples’ Rights. The Case of Peasants." International Journal on Minority and Group Rights 27, no. 1 (2020): 1–33. http://dx.doi.org/10.1163/15718115-02604123.

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Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resource

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Tomkina, Olena, Oksana Mudra, and Vladyslav Rudei. "Current Problems of the Realisation of the Right to Effective Remedies in the Ukrainian Context of Lustration." Comparative Law Review 28 (December 13, 2022): 435–58. http://dx.doi.org/10.12775/clr.2022.015.

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The article focuses on current problems of the realization of the right to effective remedies for everyone who has fallen within the purview of the Law of Ukraine “On Government Cleansing” in Ukraine during the lustration, since this right is guaranteed by the Convention for the protection of human rights and fundamental freedoms of 1950. The analysis of the established lustration standards, which were formulated by the European institutions taking into account other countries’ experiences, showed that the appropriate realization of the right to effective remedies during lustration is one of t

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Staszewska-Kozłowska, Ewa. "THE RIGHT TO REST FOR PARTICIPANTS IN TRAINEESHIPS FOR THE UNEMPLOYED AND GRADUATE PRACTICES." Roczniki Administracji i Prawa 4, no. XXIV (2024): 359–74. https://doi.org/10.5604/01.3001.0054.9869.

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The right to rest is considered to be one of the fundamental labour rights, the exercise of which is closely linked to the regulation of working time and annual leave. The axiology of the right to rest justifies extending this entitlement also to persons who, while remaining outside the employment relationship, de facto perform subordinate work under employment-like conditions. The legal regime of employment should not limit the possibility to exercise such universal rights as the right to rest, which is undoubtedly raised in the scientific discourse. The aim of the article is to determine how

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Aranđelović, S., S. Sekulić, J. Mladenović, et al. "TREATMENT LAESIO CORDIS LAESIO CORDIS WITH EMERGENCY WITH EMERGENCY CARDIORAPH CARDIORAPHY." Praxis medica 36, no. 2 (2008): 115–17. http://dx.doi.org/10.70949/pramed200802259a.

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&lt;p&gt;Autors reports 20 ten old boy received penetrating vulns thorasic with naif at midle linea.subksifoid area. Patient with angina pectoris, hypovolemic shock end cardiac arrest received at department intensive care Clinic hospital centre Prishtine in Gracanica. In cardiogenic arrest under reanimation is introduction in general endotracheal anestesy and intervention surgery. Maden midle sternotomy and verification laesio pericardii under right cordis longth of 20 mm,hematopericard and vulnus at parietis diaphragmalis right ventricular in area septoapicalis.Past evacuation sangui

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LYNCH, PHILIP. "HOMELESSNESS, POVERTY AND DISCRIMINATION: IMPROVING PUBLIC HEALTH BY REALISING HUMAN RIGHTS." Deakin Law Review 10, no. 1 (2005): 233. http://dx.doi.org/10.21153/dlr2005vol10no1art275.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>There are clear casual and consequential links between homelessness, poverty, discrimination and poor health. This article argues that the engagement of homelessness and health in a human rights framework enables effective identification of socio-economic determinants of ill<br /> health and creation of the enabling conditions necessary for good<br /> health. The article contends that the integration of human rights principles into health ser

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Isokpan, Aisosa Jennifer, and Ebenezer Durojaye. "The Child's Right to Basic Education in Nigeria: A Commentary on the Decision in SERAP v. Nigeria." African Journal of International and Comparative Law 26, no. 4 (2018): 639–48. http://dx.doi.org/10.3366/ajicl.2018.0252.

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This case note focuses on the justiciability as well as the impact of corruption on the realisation of the right to basic education. Through an assessment of the decision of the ECOWAS Court in SERAP v. Nigeria, it emphasises the role of states in ensuring that corrupt activities of government officials or third parties do not affect the enjoyment of the right. It equally emphasises the role of the Nigerian courts in ensuring a justiciable right to education.

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Bogićević, Čedomir. "Relationships between labor and administrative law." Glasnik Advokatske komore Vojvodine 69, no. 3 (1997): 5–18. http://dx.doi.org/10.5937/gakv9701005b.

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The author discusses the basic features and elements of labor and administrative law, their relationship and reflexion of this relationship to realisation and protection of the rights from work. The relationship which results from work is not only the matter of its subjects. Because of importance to whole social relationships it gives to state administration the right of intervention to protect, supervise, control and decide some of its domains and from field of "private" passes partially to field of "public" relationships.

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Braig, Katharina Franziska. "The European Court of Human Rights and the right to clean water and sanitation." Water Policy 20, no. 2 (2018): 282–307. http://dx.doi.org/10.2166/wp.2018.045.

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Abstract The human right to clean water and sanitation is currently under discussion in the European Union. During this discussion, it should not be forgotten that another European organisation, namely the European Court of Human Rights (ECtHR), is becoming increasingly active regarding pan-European minimum standards relating to the right to clean water and sanitation. Although it is widely recognised that clean drinking water and sanitation are essential to the realisation of all human rights, no such obligation can be found in the European Convention on Human Rights (ECHR). This article revi

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