Search results for: United Nations Convention on the Rights of Persons with Disabilities

Authors: Molshree A. Sharma

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As a result of globalization, it is increasingly common for people to live in different parts of the world. However there is a corresponding rise of international family law issues and competing jurisdictions. The Hague Convention on the Civil Aspects of Child Abduction is a multilateral treaty that provides an expeditious method to return a child to their country of habitual residence when ‘internationally abducted’ by a parent from one member country to another. Specifically, the Convention provides a protocol for expeditious return of the child to their habitual residence unless there is a valid exception, the most common being that return would result in an intolerable situation or cause grave risk of harm to the child. This paper analyzes case law from various signatory countries including the United States, highlighting the differences in interpretation of key terms under the Convention, as well as case law in non-Hague signatory countries, with a focus on India and the Middle East.

Keywords: best interest of the child, grave risk of harm, habitual residence, well-settled

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Authors: Jan Podkowik

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The article discusses issues of mutual relationships of human dignity and personal autonomy. According to constitutions of many countries and international human rights law, human dignity is a fundamental and inviolable value. It is the source of all freedoms and rights, including personal autonomy. Human dignity, as an inherent, inalienable and non-gradable value comprising an attribute of all people, justifies freedom of action according to one's will and following one's vision of good life. On the other hand, human dignity imposes immanent restrictions to personal autonomy regarding decisions on commercialization of the one’s body, etc. It points to the paradox of dignity – the source of freedom and conditions (basic) of its limitations. The paper shows the theoretical concept of human dignity as an objective value among legal systems, determining the boundaries of legal protection of personal autonomy. It is not, therefore, the relevant perception of human dignity and freedom as opposite values. Reference point has been made the normative provisions of the Polish Constitution and the European Convention on Human Rights and Fundamental Freedoms as well as judgments of constitutional courts.

Keywords: autonomy, constitution, human dignity, human rights

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Authors: Chintan Chandrachud

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When primary legislation is challenged for breaching fundamental rights, many courts around the world adopt interpretive techniques to avoid finding such legislation incompatible or invalid. In the UK, these techniques find sanction in section 3 of the Human Rights Act 1998, which directs courts to interpret legislation in a manner which is compatible with European Convention rights, ‘so far as it is possible to do so’. In India, courts begin with the interpretive presumption that Parliament intended to comply with fundamental rights under the Constitution of 1949. In comparing rights-compliant interpretation of primary legislation under the Human Rights Act and the Indian Constitution, this paper makes two arguments. First, that in the absence of a section 3-type mandate, Indian courts have a smaller range of interpretive tools at their disposal in interpreting primary legislation in a way which complies with fundamental rights. For example, whereas British courts frequently read words into statutes, Indian courts consider this an inapposite interpretive technique. The second argument flows naturally from the first. Given that Indian courts have a smaller interpretive toolbox, one would imagine that ceteris paribus, Indian courts’ power to strike down legislation would be triggered earlier than the declaration of incompatibility is in the UK. However, this is not borne out in practice. Faced with primary legislation which appears to violate fundamental rights, Indian courts often reluctantly uphold the constitutionality of statutes (rather than striking them down), as opposed to British courts, which make declarations of incompatibility. The explanation for this seeming asymmetry hinges on the difference between the ‘strike down’ power and the declaration of incompatibility. Whereas the former results in the disapplication of a statute, the latter throws the ball back into Parliament’s court, if only formally.

Keywords: constitutional law, judicial review, constitution of India, UK Human Rights Act

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Authors: Mohammed Usman Sani

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Worldwide it is observed that sport plays an important role in our communities and is capable of bringing about the need for peaceful coexistence within and among nations which include tolerating one another, building team spirit, showing loyalty and fair play. In addition, sport builds character and the development of skills, which are necessary in fulfilling a desirable and happy life among nations. Sport builds discipline, endurance, courage and self-motivation among nations. Sports for Peace was set up to answer the question of whether sport can foster common ideals. In sports as a powerful tool in building peace, athletes all over the world come together to promote the core values of sport, such as fair play, tolerance, the Olympic ideal of freedom and intercultural understanding. Sport as a powerful tool is used to address varieties of social issues that is widely accepted in countries mostly affected by poverty, violence and conflict. In building peace through sports among nations, a wide range of individuals and nonprofit organizations which includes the United Nations (UN) and international development agencies have accepted sport as an important social catalyst. This paper therefore seeks to define sports, sports and its fundamental rights, sports as a powerful tool, and ways in which sport may bring about peace building among countries and finally the status of Sport Development and Peace initiatives in Nigeria. It concluded that the international community has acknowledged the importance of sport in peace building efforts among nations. It further recommended that countries should engage in the design and delivery of sports, adhering to generally accepted principles of openness and sustainability through sports collaboration, sports partnerships and coordinated effort.

Keywords: building, peace, powerful tool, sports

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Authors: George Hikah Benson

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The promotion of lesbian, gay, bisexual, transgender, queer and Intersex (LGBTQIs) rights within the continent of Africa in general and Ghana, in particular, has for some time now, met the fiercest of resistance; premised mainly on socio-cultural-religious factors. This phenomenon contrasts with notions of countries of the Global North where persons within the context of their fundamental freedoms and rights have the right to sexual choices and preferences. A Private Member’s Bill was introduced to the Ghanaian Parliament in 2021, seeking to criminalize the promotion and advocacy of LGBTQIs related activities. This paper in assessing public views on the matter also seeks to ascertain the security implications regarding the passage of the law at the community level. The study also evaluates LGBTQIs rights vis-a-vis the provisions of Chapter 5 of the 1992 Ghana Constitution and global legal jurisprudence on fundamental human rights. To that end, the study adopted a mixed design approach (quantitative and qualitative) to gather data from 1,550 respondents from all ‘walks of life, across all sixteen regions of Ghana. The main findings are that first, over 85% of Ghanaians abhor the practices of LGBTQIs in keeping with the societal, cultural and religious beliefs of Ghanaians, and will go any length to prevent its survival in the country. Further, the time is not ripe for the acceptance of LGBTQ rights in Ghana as the activities will disrupt family values and poison the existing peace that Ghanaians are currently enjoying. However, it is generally believed that when the bill is passed into law, Ghana’s international image will be dented, and 60% of participants and respondents will be unmoved. Against this hostile, intolerant backdrop regarding LGBTQIs rights in the country and in many other African countries, the study foremost recommends that such a law, when passed, should come with a ‘human face’ that will not just seek to be punitive of LGBTQIs persons but corrective. Additionally, the law should be one that offers them support in line with their rights as Ghanaian and African citizens. Moreover, religious and traditional bodies should endeavor to engage LGBTQIs persons in a friendlier, corrective and loving manner rather than in the current hostile environment that society exposes them to.

Keywords: Ghanaian parliament, LGBTQIs rights, perceptions, socio-culture-religious

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Authors: David Hough

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Indigenous peoples can generally be described as the original or first peoples of a land prior to colonization. While there is no single definition of indigenous peoples, the United Nations has developed a general understanding based on self-identification and historical continuity with pre-colonial societies. Indigenous peoples are often traditional holders of unique languages, knowledge systems and beliefs who possess valuable knowledge and practices which support sustainable management of natural resources. They often have social, economic, political systems, languages and cultures, which are distinct from dominant groups in the society or state where they live. They generally resist attempts by the dominant culture at assimilation and endeavour to maintain and reproduce their ancestral environments and systems as distinctive peoples and communities. In 2007, the United Nations General Assembly passed a declaration on the rights of indigenous peoples, known as UNDRIP. It (in addition to other international instruments such as ILO 169), sets out far-reaching guidelines, which – among other things – attempt to protect and promote indigenous languages and cultures. Paragraphs 13 and 14 of the declaration state the following regarding language, culture and education: Article 13, Paragraph 1: Indigenous peoples have the right to revitalize, use, develop and transmit for future generations their histories, languages, oral traditions, philosophies, writing systems, and literatures, and to designate and retain their own names for communities, places and persons. Article 14, Paragraph I: Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. These two paragraphs call for the right of self-determination in education. Paragraph 13 gives indigenous peoples the right to control the content of their teaching, while Paragraph 14 states that the teaching of this content should be based on methods of teaching and learning which are appropriate to indigenous peoples. This paper reviews an approach to furthering linguistic and cultural human rights for indigenous peoples in education, which supports UNDRIP. It has been employed in countries in Asia and the Pacific, including the Republic of the Marshall Islands, the Federated States of Micronesia, Far East Russia and Nepal. It is based on bottom-up community-based initiatives where students, teachers and local knowledge holders come together to produce classroom materials in their own languages that reflect their traditional beliefs and value systems. They may include such things as knowledge about herbal medicines and traditional healing practices, local history, numerical systems, weights and measures, astronomy and navigation, canoe building, weaving and mat making, life rituals, feasts, festivals, songs, poems, etc. Many of these materials can then be mainstreamed into math, science language arts and social studies classes.

Keywords: Indigenous peoples, linguistic and cultural human rights, materials development, teacher training, traditional knowledge

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Authors: Seham Elia Moussa Shenouda

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The relationship between development and human rights has long been the subject of academic debate. To understand the dynamics between these two concepts, various principles are adopted, from the right to development to development-based human rights. Despite the initiatives taken, the relationship between development and human rights remains unclear. However, the overlap between these two views and the idea that efforts should be made in the field of human rights have increased in recent years. It is then evaluated whether the right to sustainable development is acceptable or not. The article concludes that the principles of sustainable development are directly or indirectly recognized in various human rights instruments, which is a good answer to the question posed above. This book therefore cites regional and international human rights agreements such as , as well as the jurisprudence and interpretative guidelines of human rights institutions, to prove this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Jaishree Ellis

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The United States Centers for Disease Control tells us that many women with disabilities will not receive regular health screenings, including Pap Smears and mammograms. This article was comprised and written to recognize the barriers to care, gaps in existing healthcare implementation, and viable methodologies for the provision of comprehensive and robust gynecologic care for women with disabilities. According to the World Health Organization, 15% of the world's population, or approximately 1 billion people, have disabilities, most of whom are identified as women. Women with disabilities are described as being multi-disabled, as in some places, they suffer exclusion because of their disabilities as well as their gender. The paucity of information regarding how to create a healthcare system that is inclusive of every woman, regardless of her type of disability (physical, mental, intellectual or medical), has made it challenging to establish an environment that makes it possible for individuals to access care in an equitable, respectful and comprehensive way. A review of the current literature, institutional websites within the United States and American resource guides was implemented to determine where comprehensive models of care for women with disabilities exist, as well as the modalities that are being employed to meet their healthcare needs. The many barriers to care that women with disabilities face were also extracted from various sources within the literature to provide an exhaustive list that can be tackled, one by one. Of the 637 Hospital Systems in the United States, only 7 provide website documentation of health care services that address the unique needs of women with disabilities. The presumption is that if institutions have not marketed such interventions to the community, then it is likely that they do not have a robust suite of services with which to make gynecologic care available to patients with disabilities. Through this review, 7 main barriers to comprehensive gynecologic care were identified, with more than 20 sub-categories existing within those. As with many other areas of community life, inclusion remains lacking in the delivery of healthcare for women with disabilities. There are at least 7 barriers that must be overcome in order to provide equity in the medical office, the exam room, the hospital and the operating room. While few institutions have prioritized this, those few have provided blueprints that can easily be adopted by others. However, as the general population lives longer and ages, the incidence of disabilities increases, as do the healthcare disparities surrounding them. Further compounded by this is a lack of formal education for medical providers in the United States.

Keywords: health equity, inclusion, healthcare disparities, education

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Authors: Lorna Martha Dreyer

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Consistent with the changing paradigm on the rights of people with disabilities and in pursuit of social justice, there is internationally an increase in students with disabilities enrolling at Higher Education Institutions (HEIs). This trend challenges HEI’s to transform and attain Education for All (EFA) as a global imperative. However, while physical and sensory disabilities are observable, students with specific learning disabilities (SLD) do not present with any visible indications and are often referred to as “hidden” or “invisible” disabilities. This qualitative case study aimed to illuminate the experiences of students with SLDs at a South African university. The research was, therefore, guided by Vygotsky’s social-cultural theory (SCT). This research was conducted within a basic qualitative research methodology embedded in an interpretive paradigm. Data was collected through an online background survey and semi-structured interviews. Thematic qualitative content analysis was used to analyse the collected data systematically. From a social justice perspective, the major findings suggest that there are several factors that impede equal education for students with SLDs at university. Most participants in this small-scale study experienced a lack of acknowledgment and support from lecturers. They reported valuing the support of family and friends more than that of lecturers. It is concluded that lecturers need to be reflective of their pedagogical practices if authentic inclusion is to be realised.

Keywords: higher education, inclusive education, pedagogy, social-cultural theory, specific learning disabilities

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Authors: Mukhamad Fatkhullah, Arfan Fadli, Marini Kristina Situmeang, Siti Hazar Sitorus

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The emergence of a community of people with disabilities along with the various works produced has made great progress to open the public eye to their existence in society. This study focuses attention on a community that is suspected to be one of the pioneers in pursuing the movement. It is Deaf Art Community (DAC), a community of persons with disabilities based in Yogyakarta, with deaf and speech-impaired members who use sign language in everyday communication. Knowing the movement of disabled communities is a good thing, the description of the things behind it then important to know as the basis for initiating similar movements. This research focuses on the question of how community of people with disabilities begin to take shape in different regions and interact with collaborative events. Qualitative method with in-depth interview as data collection techniques was used to describe the process of formation and the emergence of community. The analytical unit in the study initially focuses on the subject in the community, but in the process, it develops to institutional analysis. Therefore some informants were determined purposively and expanded using the snowball technique. The theory used in this research is Phenomenology of Alfred Schutz to be able to see reality from the subject and institutional point of view. The results of this study found that the community is formed because the existing educational institutions (both SLB and inclusion) are less able to empower and make children with disabilities become equal with the society. Through the SLB, the presence of children with disabilities becomes isolated from the society, especially in children of his or her age. Therefore, discrimination and labeling will never be separated from society's view. Meanwhile, facilities for the basic needs of children with disabilities can not be fully provided. Besides that, the guarantee of discrimination, glances, and unpleasant behavior from children without disability does not exist, which then indicates that the existing inclusion schools offer only symbolic acceptance. Thus, both in SLB and Inclusive Schools can not empower children with disabilities. Community-based assistance, in this case, has become an alternative to actually empowering children with disabilities. Not only giving them a place to interact, through the same community, children with disabilities will be guided to discover their talents and develop their potential to be self-reliant in the future.

Keywords: children with disabilities, community-based assessment, community empowerment, social equity

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Authors: Yaw Akoto

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The education of people with disabilities remains one of the major concern of policymakers, advocacy groups and researchers. In Ghana, as in many other countries, there is a policy commitment for the educational inclusion of people with disabilities, including in the context of higher education. This qualitative research investigates how students with disabilities experience equity and accessibility in a Ghanaian university. The study also investigates factors that influence equity and accessibility in a Ghanaian university. The study draws on the views of students with disabilities, on lecturer insight and organisational and national policy documents. The findings specifies that the quality of students with disabilities lived experiences are affected by the physical environment, infrastructure facilities and lack of academic and non-academic information. The study highlights the need for the university to ensure equity in making the university accessible for all students in order to ensure retention and participation of students with disabilities; failure to make the university accessible for students with disabilities compromises the ability of this group of students to realise their academic potentials.

Keywords: accessibility, educational inclusion, equity, students with disabilities

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Authors: Samy Ayoub Abdou Ghobrial

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The interface between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between the two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the exact connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts should be undertaken with respect for human rights guarantees have gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized. The article therefore concludes that the principles of sustainable development are recognized, directly or indirectly, in various human rights instruments, which represents a positive answer to the question posed above. Therefore, this work discusses international and regional human rights instruments as well as case law and interpretative guidelines from human rights bodies to demonstrate this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Erin C. Rodenburg, Jennifer McWhirter, Andrew Papadopoulos

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Support workers for adults with developmental disabilities promote the care and wellbeing of a historically underserved population. Poor employment training and low work satisfaction for these disability support workers are linked to low productivity, poor quality of care, turnover, and intention to leave employment. Therefore, to improve the lives of those within disability support homes, both client and caregiver, it is vital to determine where improvements to training and support for those providing direct care can be made. The current study aims to explore disability support worker’s perceptions of the training received in their employment at the residential homes, how it prepared them for their role, and where there is room for improvement with the aim of developing recommendations for an improved training experience. Responses were collected from 85 disability support workers across 40 Ontario group homes. Findings suggest most disability support workers within the 40 support homes feel adequately trained in their responsibilities of employment. For those who did not feel adequately trained, the main issues expressed were a lack of standardization in training, a need for more continuous training, and a move away from trial and error in performing tasks to support clients with developmental disabilities.

Keywords: developmental disabilities, disability workers, support homes, training

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Authors: Manotar Tampubolon

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Although the Indonesian human rights protection has increased in recent years, but human rights violations still occur in the industrial sector. Crimes against human rights continue to occur and go unnoticed in spite of the government's legislation on human rights, employment law in addition to an international treaty that has been ratified by Indonesia. The increasing number of garment companies in Bekasi, also give rise to increased human rights violations since the government does not have a commitment to protect it. The Indonesian government and industry owners should pay attention to and protect the human rights of workers and treat them accordingly. This paper will review the human rights violations experienced by workers at garment factories in the context of the law, as well as ideas to improve the protection of workers' rights.

Keywords: human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Djehich Mohamed Yousri

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Nowadays, migration has become a phenomenon that attracts the attention of researchers, countries, agencies, and national and international bodies. Wars and climate change, demographics, poverty, natural disasters, and epidemics are all threats that are contributing daily to forcing more people to migrate. There are those who resort to emigration because of the deteriorating political conditions in their country, others resort to emigration to improve their financial situation, and others emigrate from their country for fear of some penalties and judgments issued against them. In the field of migration, becoming a member of the United Nations as a "relevant organization" gives the United Nations a clear mandate on migration. Its primary goal is to facilitate the management of international migration in an orderly and humane manner. In order to achieve this goal, the organization adopts an international policy to meet the challenges posed in the field of migration. This paper attempts to study the structure of this international organization and its strategy in dealing with the phenomenon of international migration.

Keywords: international organization for migration, immigrants, immigrant rights, resettlement, migration organization strategy

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Authors: Jessica Lynne Hicksted

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Disability discrimination is a long-standing issue that, despite protections, continues to result in unemployment, underemployment, and lack of advancement for disabled persons. Visible stigma is researched substantially; however, less is known about the impact of stigma associated with identities that can be concealed. Although researchers have investigated this issue, currently there is no tool to measure this phenomenon. The purpose of this quantitative study was to create and validate a new tool to measure stigma associated with invisible disabilities. The study is grounded by Roberts’ conceptual model of professional image construction integrating social identity, impression management, and organizational behavior; Meisenbach’s stigma management communication theory addressing the vulnerabilities and resilience to stigma communication by focusing on how individuals encounter and react to perceived stigmas; and Kelley and Michela’s causal attribution theory. Participants included 1,412 adults in the United States 18 years or older currently employed or who have been employed within the last 5 years. Confirmatory factor analysis of the new Workplace Invisible Disabilities Experience scale showed excellent fit of the factor structure to the data, X₂/df = 1.855, CFI = .955, RMSEA = .045, p = .0001. The scale has three subscales, Ableism, Advocacy, and Acceptance, with excellent internal consistency reliability. Total score, Advocacy, and Acceptance were associated with intention to disclose. Implications for positive social change include helping organizations to understand the extent of invisible disability stigma that can help improve workplace performance and satisfaction.

Keywords: invisible disabilities, accommodations, acceptance, social change, workplace inclusion

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Authors: Bassey Igri Okon, Gloria Mayen Umukoro

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The United Nations faces the formidable challenge of ensuring sustainable food provision for the world's burgeoning population, as outlined in Sustainable Development Goals 1 and 2. Predominantly, underdeveloped nations bear the brunt of hunger and poverty, lacking sustainable means of self-sustenance. A critical factor contributing to this dire situation is the underperformance of their agricultural sectors, ostensibly necessitating intervention from developed nations. This paper posits that the provision of Agricultural Aid has become a modern instrument of colonization. It unveils how developed countries, under the pretext of aid, perpetuate a neo-colonial dominance over underdeveloped nations. It is argued that unless these nations revert to indigenous farming methodologies and implement effective governance to enable sustainable agriculture, they are likely to remain entrapped in a relentless cycle of hunger, poverty, and economic subservience.

Keywords: aid autonomy, self-sufficiency, rethinking, neocolonialism, underdeveloped, indigenous farming

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Authors: Ankita Shanker, Angus Nurse

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The notion of animal rights is an emerging trend in various spaces, including judicial and societal discourse. But one of the key purposes of recognizing the fundamental rights of anyone is their de-objectification. Animals are a prime example of a group that has rights that are neither recognized nor protected in any meaningful way, and anything that purports differently fails to ameliorate this because it still objectifies animals. Animals are currently treated by law and society as commodities with primarily (though not exclusively) instrumental value to some other rights-holder, such as humans or nature. So most protections that are afforded to them are done so in furtherance of the interests that they allegedly further, be it social morality or environmental protection. Animal rights are thus often seen as an application or extension of the rights of humans or, more commonly, the rights of nature. What this means is that animal rights are not always protected or even recognized in their own regard, but as stemming from some other reason, or worse, instrumentally as means to some other ends. This has two identifiable effects from a legal perspective: animal rights are not seen as inherently justified and are not seen as inherently valuable. Which in turn means that there can be no fundamental protection of animal rights. In other words, judicial protection does not always entail protection of animal ‘rights’ qua animal rights, which is needed for any meaningful protections to be afforded to animals. But the effects of this legal paradigm do not end at the legal status of animals. Because this status, in turn, affects how persons and the societies of which they form part see animals as a part of the rights of others, such as humans or nature, or as valuable only insofar as they further these rights, as opposed to as individuals with inherent worth and value deserving of protection regardless of their instrumental usefulness to these other objectives. This does nothing to truly de-objectify animals. Because even though most people would agree that animals are not objects, they continue to treat them as such wherever it serves them. For individuals and society to resolve, this inconsistency between stance and actions is for them to believe that animals are more than objects on a psychological and societal level. In this paper, we examine the implications of this perception of animals and their rights on the legal protections afforded to them and on the minds of individuals and civil society. We also argue that a change in the legal and societal status of animals can be brought about only through judicial, psychological, and sociological acknowledgment that animals have inherent value and deserve protection on this basis. Animal rights derived in such a way would not need to place reliance on other justifications and would not be subject to subjugation to other rights should a conflict arise.

Keywords: animal rights law, animal protection laws, psycho-socio-legal studies, animal rights, human rights, rights of nature

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Authors: Veljko Turanjanin

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In this article, an author deals with the issue of life imprisonment. Life imprisonment represents a new sentence in the Serbian legislature, in addition to the standard one, imprisonment. The author elaborated on judgments of the European Court of Human Rights (ECtHR), imposing the possibility of parole for the person sentenced to life imprisonment, emphasizing rehabilitation as the primary goal of penalties. According to the ECtHR, life imprisonment without parole is not permitted. The right to rehabilitation is very strictly set in the ECtHR jurisprudence. Life imprisonment represents a new sentence in the Serbian legislature, in addition to the standard one, imprisonment. The legislator provided the possibility of parole for most criminal offenses after 27 years in prison, while for some of them, a possibility of parole is explicitly prohibited. The author points out the shortcomings of the legal solution that exists in Serbia, which flagrantly threatens to violate the human rights of the offenders.

Keywords: European Court of Human Rights, life imprisonment, parole, rehabilitation

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Authors: Abanoub Zare Zakaria Herzalla

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The link between terrorism and human rights has become a major challenge in the fight against terrorism around the world. This is based on the fact that terrorism and human rights are so closely linked that when the former starts, the latter are violated. This direct connection was recognized in the Vienna Declaration and Program of Action adopted by the World Conference on Human Rights in Vienna on June 25, 1993, which recognizes that acts of terrorism in all their forms and manifestations aim to destroy the human rights of people. Terrorism therefore represents an attack on our most basic human rights. To this end, the first part of this article focuses on the connections between terrorism and human rights and seeks to highlight the interdependence between these two concepts. The second part discusses the emerging concept of cyberterrorism and its manifestations. An analysis of the fight against cyberterrorism in the context of human rights is also carried out.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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Authors: Vivian Caroline Koerbel Dombrowski

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Armed conflicts have always meant the ultimate expression of power and at the same time, lack of understanding among nations. Cities were destroyed, people were killed, assets were devastated. But these are not only the loss of a war: the environmental damage comes to be considered immeasurable losses in the short, medium and long term. And this is because no nation wants to bear that cost. They invest in military equipment, training, technical equipment but the environmental account yet finds gaps in international law. Considering such a generalization in rights protection, many nations are at imminent danger in a conflict if the water will be used as a mass weapon, especially if we consider important rivers such as Jordan, Euphrates and Nile. The top three international documents were analyzed on the subject: the Stockholm Convention (1972), Additional Protocol I to the Geneva Convention (1977) and the Rome Statute (1998). Indeed, some references are researched in doctrine, especially scientific articles, to substantiate with consistent data about the extent of the damage, historical factors and decisions which have been successful. However, due to the lack of literature about this subject, the research tends to be exhaustive. From the study of the indicated material, it was noted that international law - humanitarian and environmental - calls in some of its instruments the environmental protection in war conflicts, but they are generic and vague rules that do not define exactly what is the environmental damage , nor sets standards for measure them. Taking into account the mains conflicts of the century XX: World War II, the Vietnam War and the Gulf War, one must realize that the environmental consequences were of great rides - never deactivated landmines, buried nuclear weapons, armaments and munitions destroyed in the soil, chemical weapons, not to mention the effects of some weapons when used (uranium, agent Orange, etc). Extending the search for more recent conflicts such as Afghanistan, it is proven that the effects on health of the civilian population were catastrophic: cancer, birth defects, and deformities in newborns. There are few reports of nations that, somehow, repaired the damage caused to the environment as a result of the conflict. In the pitch of contemporary conflicts, many nations fear that water resources are used as weapons of mass destruction, because once contaminated - directly or indirectly - can become a means of disguised genocide side effect of military objective. In conclusion, it appears that the main international treaties governing the subject mention the concern for environmental protection, however leave the normative specifications vacancies necessary to effectively there is a prevention of environmental damage in armed conflict and, should they occur, the repair of the same. Still, it appears that there is no protection mechanism to safeguard natural resources and avoid them to become a mass destruction weapon.

Keywords: armed conflicts, criminal liability, environmental damages, humanitarian law, mass weapon

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Authors: Sameh Sarwat Melek Mikheal

Abstract:

The relationship between development and human rights has long been the subject of academic debate. To understand the dynamics between these two concepts, various principles are adopted, from the right to development to development-based human rights. Despite the initiatives taken, the relationship between development and human rights remains unclear. However, the overlap between these two views and the idea that efforts should be made in the field of human rights have increased in recent years. It is then evaluated whether the right to sustainable development is acceptable or not. This article concludes that the principles of sustainable development are directly or indirectly recognized in various human rights instruments, and this is a good answer to the question posed above. This book therefore cites regional and international human rights agreements such as , as well as the jurisprudence and interpretative guidelines of human rights institutions, to prove this hypothesis.

Keywords: balance, counter-terrorism, cyber-terrorism, human rights, security, violation sustainable development, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Joseph Marzouk Gerais Abdelmalak

Abstract:

The interface between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between the two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the exact connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts should be undertaken with respect for human rights guarantees have gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.The article therefore concludes that the principles of sustainable development are recognized, directly or indirectly, in various human rights instruments, which represents a positive answer to the question posed above. Therefore, this work discusses international and regional human rights instruments as well as case law and interpretative guidelines from human rights bodies to demonstrate this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

Procedia PDF Downloads 51

Authors: Shenouda Farag Aziz Ibrahim

Abstract:

The relationship between terrorism and human rights has become an important issue in the fight against terrorism worldwide. This is based on the fact that terrorism and human rights are closely linked, so that when the former begins, the latter suffers. This direct link was recognized in the Vienna Declaration and Program of Action adopted by the International Conference on Human Rights held in Vienna on 25 June 1993, which recognized that terrorist acts aim to violate human rights in all their forms and manifestations. . Therefore, terrorism represents an attack on fundamental human rights. For this purpose, the first part of this article focuses on the relationship between terrorism and human rights and aims to show the relationship between these two concepts. In the second part, the concept of cyber threat and its manifestations are discussed. An analysis of the fight against terrorism in the context of human rights was also made..

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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Authors: Hosam Gamil Sharoubim Abdalla

Abstract:

The interface between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between the two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the exact connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts should be undertaken with respect for human rights guarantees have gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized. The article, therefore, concludes that the principles of sustainable development are recognized, directly or indirectly, in various human rights instruments, which represents a positive answer to the question posed above. Therefore, this work discusses international and regional human rights instruments as well as case law and interpretative guidelines from human rights bodies to demonstrate this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Eugene Muambeh Muntoh

Abstract:

Corruption has a destructive effect on State institutions and on the capacity of States to respect, protect and fulfil human rights, particularly of those persons and groups in situation of vulnerability and marginalization. In Cameroon, corruption pose a major challenge as it divert public revenues and cripple public budgets that should provide healthcare, housing, education, and other essential services. Corruption has undermined the States’ ability to meet the minimum core obligations and pre-existing legal obligations to maximize all available resources to respect, protect and fulfil Economic, Social and Cultural Rights. This study therefore makes use of the qualitative research design, ranging from interviews, observations and content analysis of vital documents to provide evidence and associations between corruption and human rights concerns in Cameroon. The study made use of research material from both primary and secondary sources. Findings from the study reveals that the impact of corruption in Cameroon is especially pronounced regarding economic, social and cultural rights. In most cases, the right to be treated equally is violated, for example, when someone is requested to pay a bribe to obtain a public service. There is an urgent need for sustainable measures to counter corruption in order to protect and promote human rights.

Keywords: corruption, governance, human rights, law

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Authors: Toake Endoh

Abstract:

Cross-border migration of people is a critical driver for sustainable economic development in the Asia-Pacific region. Meanwhile, the region is susceptible to mega-scale natural disasters, such as tsunami, earthquakes, and typhoons. When migrants are stranded in a foreign country by a disaster, who should be responsible for their safety and security? What legal or moral foundation is there to advocate for the protection and assistance of “migrants at risk (M@R)”? How can the states practice “good governance” in their response to displacement of the foreign migrants? This paper inquires how to protect foreign migrants displaced by a natural disaster under international law and proposes protective actions to be taken by of migrant-receiver governments. First, the paper discusses the theoretical foundation for protection of M@R and argues that the nation-states are charged of responsibility to protect at-risk foreigners as “internally displaced persons” in the light of the United Nations’ Guiding Principles of Internal Displacement (1998). Second, through the case study of the Kobe Earthquake in Japan (1995), the Tsunami in Thailand (2004), and the Hurricane Katrina in the U.S. (2005), the paper evaluates how effectively (or poorly) institutions and state actors addressed the specific vulnerability felt by M@R in these crises.

Keywords: internal displaced persons, natural disaster, international migration, responsibility to protect

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Authors: Patricia Kopetz

Abstract:

Too often our youngest children with disabilities receive diagnostic labels and accompanying treatment plans based upon perceptions that the children are of limited aptitude and/or ambition. However, children of varied-ability levels who are diagnosed with ‘multiple disabilities,’ can participate and excel in school-based instruction that aligns with their desires, interests, and fortitude – criteria components not foretold by scores on standardized assessments. The paper represents theoretical work in Special Education Innovative Instruction, and includes presenting research materials, some developed by the author herself. The majority of students with disabilities are now served in general education settings in the United States, embracing inclusive practices in our schools. ‘There is now a stronger call for special education to step up and improve efficiency, implement evidence-based practices, and provide greater accountability on key performance indicators that support successful academic and post-school outcomes for students with disabilities.’ For example, in the United States, the Office of Special Education Programs (OSEP) is focusing on results-driven indicators to improve outcomes for students with disabilities. School personnel are appreciating the implications of research-driven approaches for students diagnosed with multiple disabilities, and aim to align their practices toward such focus. The paper presented will provide updates on current theoretical principles and perspectives, and explore advancements in latest, evidence-based and results-driven instructional practices that can motivate children with multiple disabilities to advance their skills and engage in learning activities that as nonconventional, innovative, and proven successful.

Keywords: childhood special education, educational technology , innovative instruction, multiple disabilities

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Authors: Mina Rashad Saad Abdelnoor

Abstract:

The interface between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between the two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the exact connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts should be undertaken with respect for human rights guarantees have gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized. The article therefore concludes that the principles of sustainable development are recognized, directly or indirectly, in various human rights instruments, which represents a positive answer to the question posed above. Therefore, this work discusses international and regional human rights instruments as well as case law and interpretative guidelines from human rights bodies to demonstrate this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Lakshmi Chebolu

Abstract:

'War’, the word itself, is so vibrant and handcuffs the entire society. Since the beginning of manhood, the world has been evident in constant struggles. However, along with the growth of communities, relations, on the one hand, and disputes, on the other hand, infinitely increased. When states cannot or will not settle their disputes or differences by means of peaceful agreements, weapons are suddenly made to speak. It does not mean states can engage in war whenever they desire. At an international level, there has been a vast development of the law of war in the 20th century. War, it may be internal or international, in all situations, belligerent actors should follow the principles of warfare. With the advent of technology, the shape of war has changed, and it violates fundamental principles without observing basic norms. Conversely, states' attitudes towards international relationships are also undermined to some extent as state parties are not prioritized the communal interest rather than political or individual interest. In spite of the persistent development of communities, still many people are innocent victims of modern wars. It costs a toll on many lives, liberties, and properties and remains a major obstacle to nations' development. Recent incidents in Afghan are a live example to World Nations. We know that the principles of international law cannot be implemented very strictly on perpetrators due to the lacuna in the international legal system. However, the rules of war are universal in nature. The Geneva Convention, 1949 which are the core element of IHL, has been ratified by all 196 States. In fact, very few international treaties received this much of big support from nations. State’s approach towards Modern International Law, places a heavy burden on States practice towards in implementation of law. Although United Nations Security Council possesses certain powers under ‘Pacific Settlement of Disputes’, (Chapter VI) of the United Nations Charter to prevent disputes in a peaceful manner, conversely, this practice has been overlooked for many years due to political interests, favor, etc. Despite international consensus on the prohibition of war and protection of fundamental freedoms and human dignity, still, often, law has been misused by states’. The recent tendencies trigger questions about states’ willingness towards the implementation of the law. In view of the existing practices of nations, this paper aims to elevate the legal obligations of the international community to save the succeeding generations from the scourge of modern war practices.

Keywords: modern wars, weapons, prohibition and suspension of war activities, states’ obligations

Procedia PDF Downloads 64