Explains that the Internet is a good source of information and misinformation about the rights that Canadians do and do not enjoy. Provides websites that address human rights issues, such as government and non-governmental organizations, and information for locating newsgroups and listservs. (CMK)
Dhamoon, Rita Kaur; Hankivsky, Olena
In this commentary, the authors propose than an intersectionality perspective can transform understandings of the contentious content of the Canadian Museum for Human Rights (CMHR). The use of an intersectionality perspective starts from the position that such discourses as racialization, gendering, capitalism, and ableism are mutually…
The Canadian Museum for Human Rights (CMHR) has been plagued by controversy since before its construction even began. Outcries regarding perceived oversights in the museum's programming and objections to the cost of construction, curatorial development, and staffing have erupted frequently in local media. Critical analyses of public responses to…
This speech by the deputy chief commissioner of the Canadian Human Rights Commission discusses human rights, employment security, and pay-equity issues for Native Canadian women. The speech, offered in both English and French, calls the inequality of opportunity for Native Canadians a "national tragedy." It describes efforts to bring…
One only needs to look at the Canadian Museum for Human Rights (CMHR) logo, with its abstract outline of the CMHR building, to see the way in which the museum's architecture has come to stand for the CMHR's immaterial meanings and content. The CMHR's architecture becomes a material intersection of discourses of cosmopolitanism, human rights, and…
From atop the Canadian Museum for Human Rights (CMHR), juts the Tower of Hope, a 23-story illuminated glass architectural feature meant to symbolize "the goal of the human-rights journey," namely, "hope for a changed world." The prominence of hope as an ideal is literally set in stone at the CMHR. Hope for the museum itself is…
Department of Supply and Services, Ottawa (Ontario).
The Canadian Human Rights Act extends the laws in Canada that proscribe discrimination by establishing that each individual has the right to make the life for him- or herself that he or she is able and wishes to have, consistent with the duties and obligations of a member of society, without being hindered or prevented from doing so by…
Author Julie Pelletier recently became part of a new committee at the Canadian Museum for Human Rights (CMHR): the Indigenous Education Working Group (IEWG). The IEWG is a working group made up of Indigenous individuals with a background in indigenous education. The first project the IEWG undertook was assisting with the development of Indigenous…
This article examines how the Canadian Museum for Human Rights (CMHR) comes to invoke, realize, and mediate museum publics. The author writes that she is interested in how the museum's architecture, rhetoric, and governance framings imagine, and engage with the public. As Canada's newest national museum and the first to be built outside of the…
Ready, Kathryn; Keshavjee, Serena
Education is the self-declared "heart" of the Canadian Museum for Human Rights (CMHR), already generating partnership projects and programs with such organizations as the Canadian Teachers' Federation, the Assembly of First Nations, the Inuit Tapiriit Kanatami, and the Robert F. Kennedy Center for Justice and Human Rights. The CMHR has…
Canadian Human Rights Commission, Ottawa (Ontario).
This booklet presents administrative criteria for implementation of the Canadian Human Rights Act to be used by the Canadian Human Rights Commission to evaluate employment decisions affecting physically handicapped individuals. They are of value to employers who need to know how the Commission will analyze employer arguments that they have not…
Canadian Human Rights Commission, Ottawa (Ontario).
The purpose of this brochure is to inform employers and their management personnel about the existence, requirements, and effects of the Canadian Human Rights Act. Section 1 is an introduction to the Act. Section 2 focuses on preventive action by employers to eliminate discrimination. Special programs/affirmative action undertaken by employers to…
Phillips, Ron S.
In January 2016, the Canadian Human Rights Tribunal released its decision regarding the provision of Child and Family Services to First Nations living on reserves and the Yukon. The Tribunal found that the government of Canada had discriminated against First Nations children on the basis of their race. Many of the arguments made by the government…
Canadian Human Rights Commission, Ottawa (Ontario).
The purpose of this paper is to help employers, employee groups, and others understand the concept of equal pay by explaining the intentions of section 11 of the Canadian Human Rights Act and the Canadian Human Rights Commission's approach to its application. It can be used as a reference by those responsible for developing pay systems or…
Taylor, Catherine; Peter, Tracey
Canadian law protects people from discrimination on the grounds of sexual orientation, but our public schools do not fulfill their ethical and legal obligations where sexual and gender minority youth are concerned. This article reports on a national survey study on homophobia and transphobia in Canadian high schools. Participants (n = 3,607) were questioned about school climate, harassment, school attachment, and institutional interventions. We found that schools were neither safe nor respectful for sexual and gender minority students, and we argue that ongoing exposure to this situation undermines students' respect for the Charter of Rights and their faith in adults.
Powell, J Enoch
What are human rights? In this article Enoch Powell, MP (a former Conservative Minister of Health), approaches this question through a critical discussion of Article 25 (I) of the United Nations Universal Declaration of Human Rights. Professor R S Downie in his accompanying commentary analyses Mr Powell's statements and takes up in particular Mr Powell's argument that claiming rights for one person entails compulsion on another person. In Professor Downie's view there is nothing in Article 25 (I) that cannot embody acceptable moral rights, the commonly accepted interpretation of that Article of the UN Universal Declaration of Human Rights which many people think is wholly acceptable. PMID:604483
Powell, Tia; Shapiro, Sophia; Stein, Ed
Arguments to support transgender rights often rely on "born that way" arguments, which assert that gender identity is innate, immutable, and unassociated with choice. These arguments are vulnerable to attack on several grounds, including on the basis of emerging scientific data. Stronger support for transgender rights arises from human rights arguments.
Salaam, Kalamu Ya
This article emphasizes that the women's rights movement must be viewed as a vital part of the human rights struggle. It is argued that both men and women should speak out against sexism and support the struggles of women to defend and develop themselves. (Author/EB)
During the last 50 years, principles, institutions, and policies of human rights have been developed worldwide. This book brings together European and international conventions on human rights, the rights of women, and the users and uses of education, and places them in their wider context. It examines issues in how human rights work, the ways in…
Frydenlund, Knut; And Others
Eleven articles examine human rights in Europe. Topics include unemployment, human rights legislation, role of the Council of Europe in promoting human rights, labor unions, migrant workers, human dignity in industralized societies, and international violence. Journal available from Council of Europe, Directorate of Press and Information, 67006…
Barilan, Y M; Brusa, M
In the first part of this article we survey the concept of human rights from a philosophical perspective and especially in relation to the "right to healthcare". It is argued that regardless of meta-ethical debates on the nature of rights, the ethos and language of moral deliberation associated with human rights is indispensable to any ethics that places the victim and the sufferer in its centre. In the second part we discuss the rise of the "right to privacy", particularly in the USA, as an attempt to make the element of personal free will dominate over the element of basic human interest within the structure of rights and when different rights seem to conflict. We conclude by discussing the relationship of human rights with moral values beyond the realm of rights, mainly human dignity, free will, human rationality and response to basic human needs.
Shalala, D E
The US Secretary of Health and Human Services, Donna Shalala, challenged the world to live up to the affirmation made in Cairo: that women's rights are human rights. The US has responded to this affirmation with vigor by recognizing that when given knowledge, education, opportunity, and power, women can be heroines; they can move mountains to help themselves and the others whom they are destined to nurture. The US Department of Health and Human Services (DHHS) has implemented numerous programs that will support these heroic acts. These programs include the Girl Power campaign (designed to help girls through the critical period of pre-adolescence), the National Strategy to Prevent Teen Pregnancy (promotes education to encourage abstinence), the National Plan on Breast Cancer, the Breast and Cervical Cancer Screening Program (protects the health of low-income women), the Women's Health Initiative at the National Institutes of Health (designed to increase our knowledge about hormone replacement therapy, dietary patterns, and exercise), and a national 24-hour toll-free Violence Against Women hotline (1-800-799-SAFE). Although DHHS has done much in 5 years, the US has a long way to go in dealing with the interconnecting issues of the human rights of women everywhere.
Zambrano, Elias, Comp.
This document provides information about 25 programs/brochures which focus on human rights topics. Specific topics include: (1) counselor preparation; (2) multicultural awareness; (3) abuse and neglect; (4) Acquired Immune Deficiency Syndrome; (5) self-awareness; (6) human rights awareness and human rights of students; (7) cultural diversity; (8)…
The faculty of Holy Names High School developed an interdisciplinary human rights program with school-wide activities focusing on three selected themes: the United Nations Universal Declaration of Human Rights, in conjunction with Human Rights Week; Food; and Women. This article outlines major program activities. (SJL)
International Labour Review, 1998
Includes "Introduction"; "International Labour Standards and Human Rights" (Valticos); "The Origins of Convention No. 87 on Freedom of Association and the Right to Organize" (Dunning); "Human Rights Law and Freedom of Association" (Swepston); "Freedom of Association" (von Potobsky); "The ILO…
Presents a human rights glossary that includes definitions of basic terms, treaties, charters, and groups/organizations that have been featured in previous articles in this edition of "Update on Law-Related Education"; the human rights terms have been compiled as part of the celebration of the Universal Declaration of Human Rights…
Abortion has been a reality in women's lives since the beginning of recorded history, typically with a high risk of fatal consequences, until the last century when evolutions in the field of medicine, including techniques of safe abortion and effective methods of family planning, could have ended the need to seek unsafe abortion. The context of women's lives globally is an important but often ignored variable, increasingly recognised in evolving human rights especially related to gender and reproduction. International and regional human rights instruments are being invoked where national laws result in violations of human rights such as health and life. The individual right to conscientious objection must be respected and better understood, and is not absolute. Health professional organisations have a role to play in clarifying responsibilities consistent with national laws and respecting reproductive rights. Seeking common ground using evidence rather than polarised opinion can assist the future focus.
Speak Truth To Power consists of 17 teacher-developed lessons based on the stories of rights advocates from all over the world. The lessons were created for sixth-through 12th-grade students, and have come to New York schools thanks to the Robert F. Kennedy Center for Justice and Human Rights and the New York State United Teachers union. Speak…
Bennett, Paul W.
Reviews the efforts of native Canadian groups to secure greater legal equality and recognition of cultural rights in the face of opposition from most Canadian governments. Presents the text of the 1975 Dene Declaration, the 1980 Declaration of the First Nations, and excerpts from the 1982 Constitution Act, all of which deal with the rights of…
The 2004 Canadian Awards for Action on HIV/AIDS and Human Rights have been presented to Megan Oleson, a Vancouver nurse who set up a temporary, unauthorized safe injection site (SIS) for intravenous drug users in the Downtown Eastside; and to the Pivot Legal Society (PLS), also of Vancouver. The PLS worked with Oleson to set up the temporary site while Canada's first legal SIS was still under construction.
Devine, Carol; Hansen, Carol Rae; Wilde, Ralph; Bronkhorst, Daan; Moritz, Frederic A.; Rolle, Baptiste; Sherman, Rebecca; Southard, Jo Lynn; Wilkinson, Robert; Poole, Hilary, Ed.
This reference work documents the history of human rights theory, explains each article of the Universal Declaration of Human Rights, explores the contemporary human rights movement, and examines the major human rights issues facing the world today. This book is the first to combine historical and contemporary perspectives on these critical…
In 2003, four high school students from the Tashkent International School in the capital city confronted the issue of their nation's human rights problems head on by researching the topic and publishing their findings on the Web. The site, "Uzbekistan: Opaque Reality," was created as an entry for the non-profit Global SchoolNet's Doors…
This document reprints major provisions of the Yukon's (Canada) 1987 Human Rights Act. The Act furthers the public policy that every individual is free and equal in dignity and rights, seeks to discourage and eliminate discrimination, and promotes the underlying principles of Canadian and international human rights instruments. Part 1 contains a Bill of Rights that protects the right to freedom of: 1) religion and conscience, 2) expression, 3) assembly and association, and 4) to enjoyment and disposition of property. Part 2 prohibits discrimination based on ancestry (including color and race), national origin, ethnic or linguistic background or origin, age, sex (including pregnancy), and marital or family status. Discrimination is also prohibited when offering services, goods, or facilities to the public; in connection with employment; in connection with membership in trade unions or trade, occupational, or professional associations; and in negotiation or performance of public contracts. The Bill of Rights lists reasonable causes for discrimination as well as exemptions, including preferential treatment for organization or family members or employment in a private home. Special programs and affirmative action programs are specifically not considered discrimination under this Act. The Act sets forth rules for providing equal pay for work of equal value and creates a Yukon Human Rights Commission to promote human rights and assist adjudication of complaints.
Human rights are rapidly entering the academic curriculum, with programs appearing all over the country--including at Duke, Harvard, Northeastern, and Stanford Universities; the Massachusetts Institute of Technology; the Universities of Chicago, of Connecticut, of California at Berkeley, and of Minnesota; and Trinity College. Most of these…
... Proclamation 8616--Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010 #0; #0; #0; Presidential... Documents#0;#0; #0; #0;Title 3-- #0;The President ] Proclamation Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010 By the President of the United States of America A Proclamation In 1948,...
Osler, Audrey; Starkey, Hugh
Why do teachers need to be familiar with human rights? In multicultural societies, whose values take precedence? How do schools resolve tensions between children's rights and teachers' rights? Campaigners, politicians and the media cite human rights to justify or challenge anything from peaceful protest to military action. The phrase "human…
This article attempts a contrast to the contribution by Hugh Starkey. Rather than his account of the inexorable rise of human rights discourse, and of the implementation of human rights standards, human rights are here presented as always and necessarily scandalous and highly contested. First, I explain why the UK has lagged so far behind its…
The new and immense task that awaits the judiciary of Canada is to decide what limitations, if any, ought to be imposed upon freedom of expression as protected in the new Canadian Constitution with an entrenched Charter of Rights. The area of civil libel law provides special problems related to free speech and press. One source of help for…
The right of parents to home educate is sometimes described as a "human right." Underlying this "rights claim" is the perception that attempts to restrict home education are both unnecessary and dangerous. "Unnecessary," because home education does not harm children or deprive them of the right to education and…
If the 2010 CPHA conference is a bellwether of mainstream Canadian public and global health practice, its dearth of human rights papers suggests that, outside a small scholarly cohort, human rights remain marginal therein. This potential 'rights gap' conflicts with growing recognition of the relationship between health and human rights and ergo, the importance of human rights education for health professionals. This gap not only places Canadian health research outside the growing vanguard of academic research on health and human rights, but also ignores a potentially influential tool for achieving health equity. I suggest that human rights make a distinctive contribution to such efforts not replicated within other social justice and equity approaches, making human rights education a crucial complement to other ethical training. These contributions are evident in the normative specificity of the right to health in international law and its legally binding nature, in the success of litigation, the successful advocacy for AIDS treatment and the growing adoption of rights-based approaches to health. Canadian academic and research institutions should take up their rightful place within health and human rights research, education and practice globally, including by ramping up human rights-oriented education for health professionals within Canadian universities.
Butts, R. Freeman
In order to understand the context of the role that human rights should play in civic education in the United States, the era in which those rights were first debated (1789-1790's) must be examined, as well as contemporary political and education trends in the United States and the world. Human rights were at the heart of the democratic…
... agreed to grant overhead trackage rights to Canadian Pacific Railway Company (CP) between milepost CH 5.0... agreement between CSXT and CP was filed with the notice of exemption. The unredacted version, as required by... Exemption--Consolidated Rail Corporation, in which CP seeks to obtain overhead trackage rights over...
To establish an objective conception of human rights, one must first identify basic needs intrinsic to all people and then determine whether these needs are or can be hierarchically ordered. Many scholars have conducted research on the concept of human needs, particularly in the area of human rights. Among these scholars are Abraham H. Maslow…
Eisenberg, John; Bourne, Paula
One of a series adapted from the Canadian Public Issues Project, this book is designed to stimulate discussion and reflection about controversial issues through case studies. The book is based on high school units originally drawn from cases in newspapers, journals, books, legal documents, and government reports. Conflicts from issues arising over…
Crocco, Margaret Smith
The author considers the treatment of women's rights as human rights in the social studies curriculum. She discusses the role of the United Nations in promoting women's rights since the adoption of the Universal Declaration of Human Rights in 1948. She also reviews the treatment of women's rights within social studies curriculum today through a…
...) will agree to grant overhead trackage rights to Canadian Pacific Railway Company (CP) over CRC's... between CRC and CP was filed with the notice of exemption. The unredacted version, as required by 49 CFR... CP, the purpose of the transaction is to allow for a more efficient routing of CP's trains into...
Presents a series of classroom activities comparing differing views of human rights in the United Nations Universal Declaration of Human Rights and the African Charter on Human and People's Rights. Includes excerpts from the African Charter on Human and People's Rights and the full text of the Universal Declaration of Human Rights. (CFR)
Provides an historical perspective on the social changes precipitated by invention of the printing press and widespread availability of books. Suggests ways in which to effectively incorporate human rights teaching into modern children's books. (AV)
As part of her ongoing work monitoring issues at the intersection of science and human rights, Ms. Munoz has highlighted violations of academic freedom in Serbia and Iran, the denial of visas and travel licenses to U.S. and Cuban scientists, interference with scientific freedom in Brazil, Mexico, Russia, and the Ukraine, the use of organs from executed prisoners in China, legislation jeopardizing women's health in Iran, and the closure of centers for the treatment of torture survivors in Turkey. Such violations contravene international human rights principles listed in the Universal Declaration of Human Rights and other international human rights covenants. Ms. Munoz will describe current violations of scientific freedom and the relevant international principles on which these freedoms rest.
The article explores the intersection between child rights, water scarcity, sanitation, and the human security paradigm. The recognition of child rights has been advanced through the 1989 Convention on the Rights of the Child and other international legal instruments, while water rights are increasingly affirmed in international law and through the historic July 2010 United Nations General Assembly resolution that strengthened the legal foundation for water security and human rights. Yet there remains a development gap in terms of child access to clean and secure water sources for basic human development needs. The human security paradigm provides a legal and humanitarian foundation for the extension of child rights related to water and sanitation.
What a human rights course should consist of, i.e., the objectives, course content, teaching methods, and evaluation techniques, are discussed. Human rights education must foster attitudes of tolerance and respect, provide knowledge about human rights, and develop students' awareness of how to translate human rights into social and political…
Sajan, K. S.
This paper describes the importance of human rights education as proclaimed by UN (1994) and also the strategies for developing human rights education by UN General assembly 2005. In proclaiming the United Nations Decade for Human Rights Education (1995-2004), in December 1994, the General Assembly defined human rights education as "a life-long…
Update on Law-Related Education, 1998
Describes a lesson focusing on a human-rights poster that provides visual reinforcement of the second article of the Universal Declaration of Human Rights that enforces freedom from discrimination. Presents students with examples of human-rights situations to assist them in understanding that all people are entitled to human rights. (CMK)
A study of human rights prepares students for their role as global citizens and their study of practices in the world's countries that relate to the rights of human beings. Today, when one talks of human rights it is usually with reference to the 1948 Universal Declaration of Human Rights (UDHR). It is the task of teachers to give students the…
Donahue, David M.
This curriculum is intended to further thoughtful examination and responsible action among high school students about lesbian, gay, bisexual, and transgender (LGBT) issues. Unlike other curricula this discussion is not in the context of civil or political rights but in the broader context of human rights. These rights, as defined in the Universal…
Brundtland, G H
This paper presents the speech delivered by Gro Harlem Brundtland, Director-General of WHO, on issues related to nutrition from a health and a human rights perspective. According to Brundtland, nutrition is a universal factor that both affects and defines the health of all people. It affects not only growth and physical development of a child, but also his cognitive and social development. However, inequity, poverty, underdevelopment, as well as inadequate access to food, health and care still exist which have resulted to the deaths of millions of children and left many more suffering from diseases. Poverty has also been identified as the main obstacle to the attainment of health. The existence of structural poverty and ill health eventually leads to poor development, which includes poor nutrition, poor health, and poor human rights. The impact of poverty on health is further worsened by discrimination on the basis of race, color, sex, language, or religion. To address this issue, the WHO will renew their focus on the political and legal links between health and human rights. A human rights perspective provides the international community with an opportunity to support the development of public health policies and practices that promote healthy nutrition as a center of all social and economic development.
Rivero, Jose H.
Notes 1990 is UNESCO's International Literacy Year. Presents alternative ways of overcoming illiteracy in Latin America. Suggests major contributing factors concern the region's weak economy. Argues the state's role is decisive in transferring resources to marginal sectors. Views literacy as a basic human right and that it allows for democratic…
Häyry, Matti; Takala, Tuija
The authors analyse and assess the Universal Draft Declaration on Bioethics and Human Rights published by UNESCO. They argue that the Draft has two main weaknesses. It unnecessarily confines the scope of bioethics to life sciences and their practical applications. And it fails to spell out the intended role of human dignity in international ethical regulation.
This article traces the development of the "Deaf President Now" (DPN) movement and its similarities to the black civil rights movement. Movements typically begin with a concrete, precipitating event but are usually the result of known or shared incidents on the part of the participants, and the "Deaf President Now" movement…
Merryfield, Merry M.; Badang, Germain; Bragg, Christina; Kvasov, Aleksandr; Taylor, Nathan; Waliaula, Anne; Yamaguchi, Misato
The study of human rights is inseparable from social studies. Beyond the basic political, economic, and social freedoms and rights spelled out in The Universal Declaration of Human Rights, hundreds of specialized topics have developed that demonstrate the complex nature of human rights in the twenty-first-century world--environmental exploitation…
The right to adequate food is included as a human right in Article 25 of the Universal Declaration of Human Rights, in which dignity and equality are recognized as inherent to all people. The objective of the present work is to summarize the main statements contained in the international instruments related to this right. The text tries to clarify -according to such instruments and the derived thoughts in the international human rights system- what is the right to adequate food, what are the guarantees that can make it possible, what are the States commitments, what actions should be taken by them in order to effectively realize it, and what are the mechanisms that allow this right to be enforceable and justiciable. It ends stating that -with the aim to guarantee the right to food- interinstitutional, intergovernmental, academic and social participation are required, emphasizing the importance of eradicating extreme poverty and hunger worldwide.
The main provisions of the European Convention on Human Rights were incorporated into UK law in the Human Rights Act 1998. Human Rights were described by Lord Hoffman in 'Matthews v Ministry of Defence'  as the rights essential to the life and dignity of the individual in a democratic society. The fundamental nature of the rights demand that district nurses must inform their practice with a clear understanding of the main provisions of the Act and how they apply to health care.
The global reproductive justice community has turned its attention to the abuse and disrespect that many women suffer during facility-based childbirth. In 2014, the World Health Organization released a statement on the issue, endorsed by more than 80 civil society and health professional organizations worldwide.The statement acknowledges a growing body of research that shows widespread patterns of women's mistreatment during labor and delivery-physical and verbal abuse, neglect and abandonment, humiliation and punishment, coerced and forced care-in a range of health facilities from basic rural health centers to tertiary care hospitals. Moreover, the statement characterizes this mistreatment as a human rights violation. It affirms: "Every woman has the right to the highest attainable standard of health, which includes the right to dignified, respectful health care throughout pregnancy and childbirth."The WHO statement and the strong endorsement of it mark a critical turn in global maternal rights advocacy. It is a turn from the public health world of systems and resources in preventing mortality to the intimate clinical setting of patient and provider in ensuring respectful care.
Syed, Khalida Tanvir
This paper aims to clarify three current misconceptions about the Islamic faith and issues of human rights and women's rights in the West. The first misconception is that Muslims are terrorists because they believe in Jihad. It is factually the case that Islamic teachings stress the value of peace and prosperity for all human beings. The second…
The Australian Capital Territory's Human Rights Act 2004 and the establishment of an ACT Human Rights Commission have begun to create a human rights culture in the ACT. This paper highlights the influence of this culture on the design and build of the ACT's new youth justice centre. (Contains 2 figures.)
According to the author, teaching for social justice entails the acquisition of the following learning outcomes: (1) knowledge of the meaning, historical development, and application of human rights; (2) ability to analyze human rights from multiple perspectives; and (3) willingness to address human rights issues in local, global, intercultural,…
Francis, Greg; Inoue, Keiko; Orrick, Stefanie
The United Nations' founding in 1945 and the 1948 adoption of the Universal Declaration of Human Rights reflected the international community's growing commitment to the protection and recognition of what is now referred to as human rights. Despite increased international attention, human rights violations continue to occur at the local, regional,…
Miller, A M
Although attention to the links between health and human rights is growing globally, the full potential of a progressive human rights approach to health has not yet been explored, and it is even more faintly understood in the United States than in the rest of the world. At the same time, global claims for sexual rights, particularly for those identifying as gay, lesbian, transsexual, or bisexual, are increasingly being made as human rights claims. All of these approaches to rights advocacy risk limiting their own transformative impact unless advocates critique their own strategies. Paradoxically, using health as a way to bring attention to nonheteronormative sexualities can be both helpful and potentially dangerous, especially when coupled with human rights. Recognizing sexuality as a critical element of humanity, and establishing a fundamental human right to health, can play a role in broader social justice claims, but the tendency of both public health and human rights advocacy to "normalize" and regulate must be scrutinized and challenged.
Zegers-Hochschild, Fernando; Dickens, Bernard M; Dughman-Manzur, Sandra
The Inter-American Court of Human Rights (the Court) has ruled that the Supreme Court of Costa Rica's judgment in 2000 prohibiting in vitro fertilization (IVF) violated the human right to private and family life, the human right to found and raise a family, and the human right to non-discrimination on grounds of disability, financial means, or gender. The Court's conclusions of violations contrary to the American Convention on Human Rights followed from its ruling that, under the Convention, in vitro embryos are not "persons" and do not possess a right to life. Accordingly, the prohibition of IVF to protect embryos constituted a disproportionate and unjustifiable denial of infertile individuals' human rights. The Court distinguished fertilization from conception, since conception-unlike fertilization-depends on an embryo's implantation in a woman's body. Under human rights law, legal protection of an embryo "from conception" is inapplicable between its creation by fertilization and completion of its implantation in utero.
This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.
... Documents#0;#0; ] Proclamation 8915 of December 10, 2012 Human Rights Day and Human Rights Week, 2012 By the... Declaration of Human Rights--a revolutionary document that recognized the inherent dignity and inalienable... stands with them, ready to uphold the basic decency and human rights that underlie everything we...
While respect for human rights has long been endorsed as a goal of education, only recently has significant attention been paid to the need to incorporate rights within educational processes. Current support for human rights within education, however, has a variety of motivations. This paper provides a theoretical exploration of these diverse…
Harvey, Karen D.
Presents a flexible lesson plan integrating teaching about human rights into the existing curriculum about American Indians. Asserts that American Indians have the right to maintain their cultural ways and connects that subject to the United Nations Universal Declaration of Human Rights. Includes three lists of resources and references. (MJP)
Skutnabb-Kangas, Tove, Ed.; Phillipson, Robert, Ed.
A collection of essays on linguistic human rights includes: "Combining Immigrant and Autochthonous Language Rights: A Territorial Approach to Multilingualism" (Francois Grin); "On the Limits of Ethnolinguistic Democracy" (Joshua A. Fishman); "Linguistic Human Rights and Educational Policy in Russia" (Alexei A.…
This paper recounts development of a community college humanities course titled Human Rights/Human Wrongs: The History, Philosophy, Law, Art, and Literature of the Human Rights Movement. The author argues that a special focus, interdisciplinary course provides a broader base for exploring and understanding most of the pressing issues of our time.…
The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights to resolve this issue and argues that it fails. This is problematic because it means defenders of the present patent regime can continue using human rights documents to support their position. I offer a new framework for resolving the problem by examining the values that underlie human rights. PMID:18974405
Dreezen, I; Nys, H
Originating from wider declarations of fundamental human rights, individual human rights in the field of health care, also called patients' rights, have been elaborated, developed and implemented by most international organisations, including the European Union and the World Health Organisation. The Council of Europe is however, particularly prominent in its work in the field of human rights, having drawn up a number of vital international treaties, among them and most importantly the Convention on Human Rights and Biomedicine, which strengthens internationally the legal position of the patient and the research subject in setting a minimum level of protection in respect of individual human rights and health and is binding upon the member states that have ratified it. Nonetheless, it needs to be examined to see if the European Union would be a better alternative to regulate these patients' rights.
Oxfam UK/I believes that all women have the right to a livelihood, reproductive choice, health care, education, and employment. Access to resources, decision-making, political and religious freedom of expression, and freedom from all forms of violence are also equally important. Oxfam UK/I recognizes that women worldwide from a diversity of cultures and religions are arguing for similar rights, but continuing efforts to create women's equality and empowerment have had only limited success. There has been no significant improvement in women's lifestyles, the feminization of poverty is increasing, growing religious fundamentalism threatens advances made toward equality, and there has been an increasing violation of women's individual human rights to development in the last decade. Human rights instruments to tackle gender inequality exist, but they are not implemented. The rights approach to development recognizes that unless inequalities at local, national, and international levels are seen and challenged, women will continue to face poverty, inadequate representation of their needs and views, and policies which are contrary to their interests. The rights approach encompasses all aspects of women's lives, recognizing that women's rights in the civil, political, social, economic, and cultural spheres are indivisible from one another in the realities of daily life. Oxfam UK/I acknowledges the complexity of the rights debate.
Rubenstein, Leonard S; Amon, Joseph J; McLemore, Megan; Eba, Patrick; Dolan, Kate; Lines, Rick; Beyrer, Chris
Worldwide, a disproportionate burden of HIV, tuberculosis, and hepatitis is present among current and former prisoners. This problem results from laws, policies, and policing practices that unjustly and discriminatorily detain individuals and fail to ensure continuity of prevention, care, and treatment upon detention, throughout imprisonment, and upon release. These government actions, and the failure to ensure humane prison conditions, constitute violations of human rights to be free of discrimination and cruel and inhuman treatment, to due process of law, and to health. Although interventions to prevent and treat HIV, tuberculosis, hepatitis, and drug dependence have proven successful in prisons and are required by international law, they commonly are not available. Prison health services are often not governed by ministries responsible for national public health programmes, and prison officials are often unwilling to implement effective prevention measures such as needle exchange, condom distribution, and opioid substitution therapy in custodial settings, often based on mistaken ideas about their incompatibility with prison security. In nearly all countries, prisoners face stigma and social marginalisation upon release and frequently are unable to access health and social support services. Reforms in criminal law, policing practices, and justice systems to reduce imprisonment, reforms in the organisation and management of prisons and their health services, and greater investment of resources are needed.
... culture is unique, certain rights are universal: the freedom of people—including women and ethnic and... 3 The President 1 2010-01-01 2010-01-01 false Proclamation 8464 of December 9, 2009. Human Rights Day, Bill of Rights Day, And Human Rights Week, 2009 8464 Proclamation 8464 Presidential...
Significant improvements in human rights and democracy have been made since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. Yet, human rights, especially women's rights, are still being violated in many parts of the developing world. The adverse effects of such violations on women's and children's health are well known, but they are rarely measured. This study uses cross-national data from over 145 countries to estimate the impact of democracy and respect for human rights on various measures of women's health while controlling for confounding socio-economic factors such as income, education, fertility and healthcare. It finds that democracy and regards for human rights contribute positively to women's health outcomes, as do socio-economic variables.
This report begins with background information on the physical and chemical properties of copper, the production and use of copper in Canada, its levels in the Canadian environment, and existing guidelines and criteria regarding copper concentrations in various media. It then reviews the environmental fate and behaviour of copper, notably in the soil; the behavior and effects of copper in biota, including soil microbial processes, terrestrial plants and invertebrates, livestock and wildlife, and bioaccumulation; and the pharmacokinetics and toxicology of copper in mammals and humans, concluding with an overall toxicological evaluation and human exposure estimates. This information is used to derive environmental and human health soil quality guidelines for copper to protect environmental and human health receptors, for agricultural, residential/parkland, commercial, and industrial land uses.
The physician rights may be classified in those related with his quality as a person, and those derived from his relationship with his patients and the institution to which he belongs. Among the first, liberty of expression, legal security, right of free association, the right of a dignified social position and neutral attitude towards the commitment of giving medical attention to whomever the patient may be. He has the right to receive a full and up-to-date training oriented to serve the community, supported by health institutions, and to have the means of utmost quality to give medical attention of the highest standard.
Annas, George J; Mariner, Wendy K
Public health's reliance on law to define and carry out public activities makes it impossible to define a set of ethical principles unique to public health. Public health ethics must be encompassed within--and consistent with--a broader set of principles that define the power and limits of governmental institutions. These include human rights, health law, and even medical ethics. The human right to health requires governments not only to respect individual human rights and personal freedoms, but also, importantly, to protect people from harm from external sources and third parties, and to fulfill the health needs of the population. Even if human rights are the natural language for public health, not all public health professionals are comfortable with the language of human rights. Some argue that individual human rights--such as autonomy and privacy--unfairly limit the permissible means to achieve the goal of health protection. We argue that public health should welcome and promote the human rights framework. In almost every instance, this will make public health more effective in the long run, because the goals of public health and human rights are the same: to promote human flourishing.
Levy, Daniel; Sznaider, Natan
This paper examines how global interdependencies and the consolidation of a human rights discourse are transforming national sovereignty. Social researchers frequently address the supremacy of state sovereignty and the absoluteness of human rights as mutually exclusive categories. However, rather than presupposing that a universal rights discourse is necessarily leading to the demise of sovereignty, we suggest that an increasingly de-nationalized conception of legitimacy is contributing to a reconfiguration of sovereignty itself. Through the analytic prism of historical memories - which refers to shared understandings specific pasts carry for present concerns of a political community - we provide an explanatory factor for the salience of human rights norms as a globally available repertoire of legitimate claim making. While states retain most of their sovereign functions, their legitimacy is no longer exclusively conditioned by a contract with the nation, but also by their adherence to a set of nation-transcending human rights ideals. Legitimacy is mediated by how willing states are to engage with 'judicial memories' of human rights abuses and their articulation in cosmopolitan legal frames. Empirically, we focus on war crime trials and how legal inscriptions of memories of human rights abuses are recasting the jurisdiction of International Law. The readiness of states to engage with rights abuses is becoming politically and culturally consequential, as adherence to global human rights norms confers legitimacy.
Ivanov, Luba L; Oden, Tami L
Public health nursing has a code of ethics that guides practice. This includes the American Nurses Association Code of Ethics for Nurses, Principles of the Ethical Practice of Public Health, and the Scope and Standards of Public Health Nursing. Human rights and Rights-based care in public health nursing practice are relatively new. They reflect human rights principles as outlined in the Universal Declaration of Human Rights and applied to public health practice. As our health care system is restructured and there are new advances in technology and genetics, a focus on providing care that is ethical and respects human rights is needed. Public health nurses can be in the forefront of providing care that reflects an ethical base and a rights-based approach to practice with populations.
Jacobs, Allan J; Arora, Kavita Shah
Opponents of male circumcision have increasingly used human rights positions to articulate their viewpoint. We characterize the meaning of the term "human rights." We discuss these human rights arguments with special attention to the claims of rights to an open future and to bodily integrity. We offer a three-part test under which a parental decision might be considered an unacceptable violation of a child's right. The test considers the impact of the practice on society, the impact of the practice on the individual, and the likelihood of adverse impact. Infant circumcision is permissible under this test. We conclude that infant circumcision may be proscribed as violating local norms, even though it does not violate human rights.
Thompson, Joyce Beebe
This article presents a rights-based model for midwifery care of women and childbearing families. Salient features include discussion of the influence of values on how women are viewed within cultures and societies, universal ethical principles applicable to health care services, and human rights based on the view of women as persons rather than as objects or chattel. Examples of the health impact on women of persistent violation of basic human rights are used to support the need for using a human rights framework for midwifery care--a model supported by codes of ethics, the midwifery philosophy of care, and standards of practice.
Donaldson, S G; Van Oostdam, J; Tikhonov, C; Feeley, M; Armstrong, B; Ayotte, P; Boucher, O; Bowers, W; Chan, L; Dallaire, F; Dallaire, R; Dewailly, E; Edwards, J; Egeland, G M; Fontaine, J; Furgal, C; Leech, T; Loring, E; Muckle, G; Nancarrow, T; Pereg, D; Plusquellec, P; Potyrala, M; Receveur, O; Shearer, R G
The third Canadian Arctic Human Health Assessment conducted under the Canadian Northern Contaminants Program (NCP), in association with the circumpolar Arctic Monitoring and Assessment Programme (AMAP), addresses concerns about possible adverse health effects in individuals exposed to environmental contaminants through a diet containing country foods. The objectives here are to: 1) provide data on changes in human contaminant concentrations and exposure among Canadian Arctic peoples; 2) identify new contaminants of concern; 3) discuss possible health effects; 4) outline risk communication about contaminants in country food; and 5) identify knowledge gaps for future contaminant research and monitoring. The nutritional and cultural benefits of country foods are substantial; however, some dietary studies suggest declines in the amount of country foods being consumed. Significant declines were found for most contaminants in maternal blood over the last 10 years within all three Arctic regions studied. Inuit continue to have the highest levels of almost all persistent organic pollutants (POPs) and metals among the ethnic groups studied. A greater proportion of people in the East exceed Health Canada's guidelines for PCBs and mercury, although the proportion of mothers exceeding these guidelines has decreased since the previous assessment. Further monitoring and research are required to assess trends and health effects of emerging contaminants. Infant development studies have shown possible subtle effects of prenatal exposure to heavy metals and some POPs on immune system function and neurodevelopment. New data suggest important beneficial effects on brain development for Inuit infants from some country food nutrients. The most successful risk communication processes balance the risks and benefits of a diet of country food through input from a variety of regional experts and the community, to incorporate the many socio-cultural and economic factors to arrive at a risk
The idea of human rights has increasingly been playing a very important part in people's contemporary life, the political in particular, the cultural in general. This explains why Dr. Griffin in "Beyond Anarchy and Plutocracy: the need for global democracy" includes a chapter on human rights. "My contention," Dr. Griffin writes, "is that now, in…
Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories -- moral, legal, identity-based, participatory and cosmopolitan. Bringing…
Gold, E Richard
Much international debate over access to medicines focuses on whether patent law accords with international human rights law. This article argues that this is the wrong question to ask. Following an analysis of both patent and human rights law, this article suggests that the better approach is to focus on national debates over the best calibration of patent law to achieve national objectives.
This book outlines the contents of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols 1 and 4. The major goal of the Convention, which constitutes an innovation in international law, is to guarantee the protection of "human rights" by allowing both member states and individuals to institute proceedings…
Braveman, Paula; Gruskin, Sofia
Those concerned with poverty and health have sometimes viewed equity and human rights as abstract concepts with little practical application, and links between health, equity and human rights have not been examined systematically. Examination of the concepts of poverty, equity, and human rights in relation to health and to each other demonstrates that they are closely linked conceptually and operationally and that each provides valuable, unique guidance for health institutions' work. Equity and human rights perspectives can contribute concretely to health institutions' efforts to tackle poverty and health, and focusing on poverty is essential to operationalizing those commitments. Both equity and human rights principles dictate the necessity to strive for equal opportunity for health for groups of people who have suffered marginalization or discrimination. Health institutions can deal with poverty and health within a framework encompassing equity and human rights concerns in five general ways: (1) institutionalizing the systematic and routine application of equity and human rights perspectives to all health sector actions; (2) strengthening and extending the public health functions, other than health care, that create the conditions necessary for health; (3) implementing equitable health care financing, which should help reduce poverty while increasing access for the poor; (4) ensuring that health services respond effectively to the major causes of preventable ill-health among the poor and disadvantaged; and (5) monitoring, advocating and taking action to address the potential health equity and human rights implications of policies in all sectors affecting health, not only the health sector. PMID:12973647
Banks, James A.
The 60th anniversary of the Universal Declaration of Human Rights is a propitious time for educators to examine its implications for educating citizens in multicultural nation states. The author argues that students must experience democratic classrooms and schools that reflect their cultures and identities to internalize human rights values,…
Donnelly, Michael P.
Homeschooling is legal and growing in many countries but is virtually forbidden by law in Germany and a few others. The European Court of Human Rights (ECtHR) has reviewed and upheld this ban. Is home education a human right? How do these courts employ their jurisprudence of proportionality to find banning home education does not violate relevant…
... Documents#0;#0; #0; #0;Title 3-- #0;The President ] Proclamation 8765 of December 8, 2011 Human Rights Day and Human Rights Week, 2011 By the President of the United States of America A Proclamation With the adoption of the Universal Declaration of Human Rights on December 10, 1948, the United Nations...
Human rights, including the right to health, are grounded in protecting and promoting human dignity. Although commitment to human dignity is a widely shared value, the precise meaning and requirements behind the term are elusive. It is also unclear as to how a commitment to human dignity translates into specific human rights, such as the right to the highest attainable standard of health, and delineates their scope and obligations. The resulting lack of clarity about the foundations of and justification for the right to health has been problematic in a number of ways. This article identifies the strengths of and some of the issues with the grounding of the right to health in human dignity. It then examines ethical and philosophical expositions of human dignity and several alternative foundations proposed for the right to health, including capability theory and the work of Norman Daniels, to assess whether any offer a richer and more adequate conceptual grounding for the right to health.
Mariner, Wendy K; Annas, George J
A culture of health can be seen as a social norm that values health as the nation's priority or as an appeal to improve the social determinants of health. Better population health will require changing social and economic policies. Effective changes are unlikely unless health advocates can leverage a framework broader than health to mobilize political action in collaboration with non-health sector advocates. We suggest that human rights-the dominant international source of norms for government responsibilities-provides this broader framework. Human rights, as expressed in the Universal Declaration of Human Rights and enforceable treaties, require governments to assure their populations nondiscriminatory access to food, water, education, work, social security, and a standard of living adequate for health and well-being. The policies needed to realize human rights also improve population health, well-being, and equity. Aspirations for human rights are strong enough to endure beyond inevitable setbacks to specific causes.
Like all vertebrates, humans establish anatomical left-right asymmetry during embryogenesis. Variation from this normal arrangement (situs solitus) results in heterotaxy, expressed either as randomization (situs ambiguus) or complete reversal (situs inversus) of normal organ position. Familial heterotaxy occurs with autosomal dominant, recessive and X-linked inheritance. All possible situs variants, solitus, ambiguus and inversus, can appear among some heterotaxy families. Positional cloning has led to the identification of a gene on the X chromosome responsible for some cases of human heterotaxy. Additional candidate genes have emerged from recent studies of left-right axis development in chick, frog and mouse, which have begun to elucidate a tightly regulated genetic cascade that differentiates the left and right sides prior to the appearance of morphological asymmetry.
Yamin, A E
From the human rights perspective proposed in this article, a woman's good or ill health reflects more than biology or individual behaviors; it reflects her enjoyment (or lack thereof) of fundamental human rights that enable her to exercise basic power over the course and quality of her life. The "structural" view of health that such a human rights perspective suggests is concerned first with identifying the effects of social, economic, and political relations on women's health and then with promoting "interventions" aimed at transforming the laws, institutions, and structures that deny women's rights and well-being. Yet, traditional human rights law and practice have been limited to narrowly defined abuses by public officials against individuals that fail to capture the most pervasive denials of women's rights, which, though rooted in systematic discrimination, are frequently played out in so-called "private" institutions, primarily within the family. The experiences of women's health advocates in addressing complex women's health issues makes it clear that women's lack of access to economic and political power in the public sphere creates the conditions under which they are discriminated against and physically and sexually abused in the private sphere. Combining the pragmatic understanding of women's health professionals with an expansive conception of human rights norms has the potential to transform the fields of women's health and human rights.
The objectives of the Symposium on Population and Human Rights, held at the Vienna International Center during June 1981, included the following: to review the progress or lack thereof in the observance of human rights in the context of demographic, economic and social conditions and changes since the Amsterdam Symposium of 1974; to review leading population trends and policy changes since 1974 and also examine some possible implications of recent development in the field of medicine, biology, and genetic engineering; and to identify which conceptions of human rights relating to demographic phenomenon are appropriate for today's population problems and to formulate guidelines and standards suitable for these problems. The agenda for the Symposium, attended by about 27 distinguished jurists and demographers, covered the following items: human rights and population trends and policies; morbidity/mortality and human rights; fertility and human rights; internal migration and human rights; status of women, population, and human rights; and new institutional functions in the area of human rights and population. The following were among the main themes and recommendations of the Symposium: 1) the problems of human rights should be contextually handled in such a way as to take adequate account of prevailing socioeconomic and cultural conditions; 2) the realization of a positive right to individual and social development is often impeded, particularly in developing areas, by the prevalence of high mortality, malnutrition, and inadequate health services; 3) policies designed to influence fertility should, within the framework of general population policies, be part of the national strategy for general development; 4) the Symposium recognized the problems of monitoring and appraising the observance or violation of human rights as they relate to the rights of the individual to free movement and residence and the rights to work and decent living; 5) considering the significant
In this article, I question the general idea that inclusive education--i.e., to teach all students in one class--is a moral human right. The following discussion shows that the widespread view in disability studies that there is a moral human right to inclusive education can be reasonably called into question by virtue of the proposed counter arguments, but without denying that inclusive education is of utmost importance. Practically speaking, the legal human right to inclusive education is of great practical value for impaired students, and for their basic right to be free from discrimination in education, since their concern thereby gains great legal and moral force. But, theoretically speaking, this particular human right lacks an attainable consensus concerning proper moral justification.
Gostin, L O
It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.
The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.
This article takes up Foucault's politics of human rights and suggests that it may constitute a point of departure for the renewal of HRE, not only because it rejects the moral superiority of humanism--the grounding for the dominant liberal framework of international human rights--but also because it makes visible the complexities of human rights…
Tarrow, Norma Bernstein, Ed.
This book discusses the relationship between human rights and education. Education is discussed both within the context of human rights, and as the ultimate sanction and guarantee of all human rights. Part 1, "Education as a Human Right," is comprised of the following chapters: (1) "Human Rights and Education: An Overview" (D.…
Presents a lesson on human rights for middle and secondary school students in which they identify human rights, cite examples of human-rights abuses and affirmations, and relate actions to the articles of the Universal Declaration of Human Rights (UDHR). Explains that students identify human-rights issues globally and at home. (CMK)
British Information Service, New York, NY. Reference Div.
This pamphlet uses the Articles of the United Nations Universal Declaration of Human Rights as a framework within which to describe legal safeguards of individual rights in the United Kingdom. Under each article of the Declaration, a historical perspective of the tradition of civil liberties is provided, as are descriptions of recent trends and…
Economic justice means taking the personhood of poor people into account; respecting their needs, personal ambitions, rights, and dignity; and affording equal opportunity and equal access to education, health care, housing, and jobs. Examples of injustice to minority groups are provided, citing the Universal Declaration of Human Rights. (SLD)
This essay considers the extent to which international human rights now protect, or might protect, GLBT communities. The counterpoint between the potential width of application of international human rights instruments and their silence on sexuality has become the leitmotif of sexuality and gender identity within the international human rights framework. In addition, there is a symbiotic relationship between the international norms and domestic legal systems which directly affects the meaning of those norms. Domestic laws are not only needed to implement international norms, but are essential in overcoming the equivocations and silences of international human rights law as it has traditionally applied to GLBT communities. A fusion of the international norms with domestic legal systems through the principle of diversity, rather than the principle of equality, is needed.
Rep. Tierney, John F. [D-MA-6
09/08/2014 Referred to the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:
The UK's Human Rights Act 1998, which incorporates into that country's law the European Convention on Rights and Freedoms, came into full operation on Oct 2, 2000. The Act imposes duties on public authorities, who must now justify their position if that is in conflict with a Convention right. Four Articles in the Convention are potential flashpoints in respect of health cases, examples being patients' rights to receive expensive life-saving treatment and disciplinary procedures, including those of the General Medical Council and National Health Service trusts.
Blachford, Dongyan Ru; Zhang, Bailing
This article examines the dynamics of brain circulation through a historical review of the debates over international migration of human capital and a case study on Chinese-Canadian academics. Interviews with 22 Chinese-Canadian professors who originally came from China provide rich data regarding the possibilities and problems of the contemporary…
Fariss, Christopher J; Linder, Fridolin J; Jones, Zachary M; Crabtree, Charles D; Biek, Megan A; Ross, Ana-Sophia M; Kaur, Taranamol; Tsai, Michael
We introduce and make publicly available a large corpus of digitized primary source human rights documents which are published annually by monitoring agencies that include Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, and the United States Department of State. In addition to the digitized text, we also make available and describe document-term matrices, which are datasets that systematically organize the word counts from each unique document by each unique term within the corpus of human rights documents. To contextualize the importance of this corpus, we describe the development of coding procedures in the human rights community and several existing categorical indicators that have been created by human coding of the human rights documents contained in the corpus. We then discuss how the new human rights corpus and the existing human rights datasets can be used with a variety of statistical analyses and machine learning algorithms to help scholars understand how human rights practices and reporting have evolved over time. We close with a discussion of our plans for dataset maintenance, updating, and availability.
Fariss, Christopher J.; Linder, Fridolin J.; Jones, Zachary M.; Crabtree, Charles D.; Biek, Megan A.; Ross, Ana-Sophia M.; Kaur, Taranamol; Tsai, Michael
We introduce and make publicly available a large corpus of digitized primary source human rights documents which are published annually by monitoring agencies that include Amnesty International, Human Rights Watch, the Lawyers Committee for Human Rights, and the United States Department of State. In addition to the digitized text, we also make available and describe document-term matrices, which are datasets that systematically organize the word counts from each unique document by each unique term within the corpus of human rights documents. To contextualize the importance of this corpus, we describe the development of coding procedures in the human rights community and several existing categorical indicators that have been created by human coding of the human rights documents contained in the corpus. We then discuss how the new human rights corpus and the existing human rights datasets can be used with a variety of statistical analyses and machine learning algorithms to help scholars understand how human rights practices and reporting have evolved over time. We close with a discussion of our plans for dataset maintenance, updating, and availability. PMID:26418817
Benatar, Solomon R
Backgound The concept of Human Rights has become the modern civilising standard to which all should aspire and indeed attain. Discussion In an era characterised by widening disparities in health and human rights across the world and spectacular advances in biotechnology it is necessary to reflect on the extent to which human rights considerations are selectively applied for the benefit of the most privileged people. Attention is drawn particularly to sub-Saharan Africa as a marginalised region at risk of further marginalisation if the power associated with the new biotechnology is not used more wisely than power has been used in the past. To rectify such deficiencies it is proposed that the moral agenda should be broadened and at the very least the concept of rights should be more closely integrated with duties Summary New forms of power being unleashed by biotechnology will have to be harnessed and used with greater wisdom than power has been used in the past. Widening disparities in the world are unlikely to be diminished merely by appealing to human rights. We recommend that a deeper understanding is required of the underlying causes of such disparities and that the moral discourse should be extended beyond human rights language. PMID:11960562
Mameli, M; Bortolotti, L
Do non-human animals have rights? The answer to this question depends on whether animals have morally relevant mental properties. Mindreading is the human activity of ascribing mental states to other organisms. Current knowledge about the evolution and cognitive structure of mindreading indicates that human ascriptions of mental states to non-human animals are very inaccurate. The accuracy of human mindreading can be improved with the help of scientific studies of animal minds. However, the scientific studies do not by themselves solve the problem of how to map psychological similarities (and differences) between humans and animals onto a distinction between morally relevant and morally irrelevant mental properties. The current limitations of human mindreading-whether scientifically aided or not-have practical consequences for the rational justification of claims about which rights (if any) non-human animals should be accorded.
Shiman, David A.
On December 10, 1998, the world celebrated the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR). The U.S. Constitution possesses many of the political and civil rights articulated in the UDHR. The UDHR, however, goes further than the U.S. Constitution, including many social and economic rights as well. This book…
Written human rights law in Europe is as scanty as in the rest of the world. Case-law however provides considerable protection of sexual rights. It guarantees comprehensive protection of autonomy in sexual life, also for minors, and provides protection against discrimination based on sexual orientation. Negative attitudes of a majority may not justify interferences with the sexual rights of a minority and society could be expected to tolerate a certain inconvenience to enable individuals to live in dignity and worth in accordance with the sexual identity chosen by them. Compensation for interference with sexual autonomy and freedom is awarded. This high-level protection (as compared to other parts of the world) is however limited. It seems to be granted only in areas where it corresponds with public attitudes and social developments. And it is seldom secured on the national level but nearly exclusively by the European Court of Human Rights, whose case-law is often weakened by inconsistency.
Electricity access is already well established within the framework of human rights, either as an implicit attribute of a pre-existing right (such as non-discrimination or sustainable development) or explicitly in the context of eliminating discrimination against women. There is also broad acknowledgement by states of the desirability of eliminating energy poverty - for all, but particularly for the rural poor, and women. (author)
El Morr, Christo
Holistic disability rights monitoring is essential in order to translate rights on paper into rights in reality for people with disabilities. At the same time, evidence-based knowledge produced through holistic monitoring has to be made accessible to a broad range of groups - researchers, representatives of disability community, people with disabilities, the media, policy makers, general public - and also has to contribute to building capacity within disability community around human rights issues. This article focuses on the design process of a complex Virtual Knowledge Network (VKN) as an operational tool to support mobilization and dissemination of evidence-based knowledge produced by the Disability Rights Promotion International Canada (DRPI-Canada) project. This tool is embedded in the more general framework of the project grounded in a human rights approach to disability and that acknowledges the importance of creating knowledgeable communities in order to make the disability rights monitoring efforts sustainable, advancing thus the decision making process in Canada in order to enhance the quality of life of people with disabilities.
Bunch, Charlotte; Carrillo, Roxanna
This document includes two articles describing the failure of the international human rights movement to consider or remedy the situation of women outside of the basic demand for political rights of people in general. The first article, "Women's Rights as Human Rights: Toward a Re-Vision of Human Rights" (Charlotte Bunch), emphasizes the…
Flowers, Nancy, Ed.
Although December 10, 1998, marked the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR), most people living in the United States remain unaware of this document, the foundation stone of all human rights. Intended for use by both community groups and teachers in elementary and secondary schools, this educational…
... Documents#0;#0; #0; #0;Title 3-- #0;The President ] Proclamation 9069 of December 9, 2013 Human Rights Day and Human Rights Week, 2013 By the President of the United States of America A Proclamation Six and a half decades ago, delegates from around the world convened to adopt the Universal Declaration of...
The overarching aim of this paper is to explore how key principles inherent in human rights declarations and conventions are translated into practices associated with human rights education within school contexts. It is argued that this translation from discourse to practice opens up the potential for children and young people to encounter…
Budiani-Saberi, Debra; Columb, Seán
Human trafficking for organ removal (HTOR) should not be reduced to a problem of supply and demand of organs for transplantation, a problem of organized crime and criminal justice, or a problem of voiceless, abandoned victims. Rather, HTOR is at once an egregious human rights abuse and a form of human trafficking. As such, it demands a human-rights based approach in analysis and response to this problem, placing the victim at the center of initiatives to combat this phenomenon. Such an approach requires us to consider how various measures impact or disregard victims/potential victims of HTOR and gives us tools to better advocate their interests, rights and freedoms.
Annas, George J
It is unnecessary and counterproductive to sacrifice basic human rights to respond to bioterrorism. Constructive public health legislation, which must be federal, cannot be carefully drafted under panic conditions. When it is, like the "model act," it will predictably rely on broad, arbitrary state authority exercised without public accountability. Public health should resist reverting to its nineteenth-century practices of forced examination and quarantine, which will simply encourage people to avoid physicians, hospitals, and public health practitioners they now trust and actively seek out in emergencies. Upholding human rights is essential to public trust and is ultimately our best defense against the threat of terrorism in the twenty-first century.
Viens, A M
The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a global health law framework.
This article considers the international human rights instruments which set minimum standards for the content and use of mental health legislation, and the extent to which they represent 'hard law' (binding and enforceable in domestic or international courts) or 'soft law' which is not strictly binding in the same sense but which may provide persuasive authority or may be used in debate to embarrass a Government into compliance. The article considers the extent to which these various instruments impose both 'negative obligations' on states not to interfere with rights such as physical integrity or protection against arbitrary detention and 'positive' obligations on states to take positive steps to uphold the rights of individuals. The article on the case law under the European Convention on Human Rights showing how 'soft law' sources are increasingly used by the Strasbourg Court as aids to construing the scope of Convention rights. The article concludes by suggesting that whilst mentally disordered people may be afforded different treatment in relation to general bioethics instruments on the international plane, they are also entitled to rights under Disability Conventions which enjoin states to take positive steps to promote equal treatment, social inclusion and protection against discrimination and stigma.
A discussion is presented of the meaning of human rights, implications of human rights for foreign policy, and obstacles to its realization on a global scale. Chapter I identifies human rights as a critical issue, commends President Carter's initiative in this area, and points out difficulties of implementing a human rights policy. Chapter II…
Explains provisions contained within the Universal Declaration of Human Rights, tracing historical beginnings of human rights to 1945, detailing events after 1945 up to the adoption of the Universal Declaration of Human Rights by the United Nations, and explaining essential terminology used in describing human rights instruments that have been…
The relationship between religion and human rights is an ambiguous and complex one, but there are academic, moral and political arguments for the inclusion of human rights in religious education (RE). The Universal Declaration of Human Rights advocates education in human rights and the English school curriculum aims to encourage a commitment to…
Since 1985, UNESCO studies ethical questions arising in genetics. In 1992, I established the International Bioethics Committee at UNESCO with the mission to draft the Universal Declaration on the Human Genome and Human Rights, which was adopted by UNESCO in 1997 and the United Nations in 1998. The Declaration relates the human genome with human dignity, deals with the rights of the persons concerned by human genome research and provides a reference legal framework for both stimulating the ethical debate and the harmonization of the law worldwide, favouring useful developments that respect human dignity.
The non-violent participation of Nobel Peace Prize laureate Aung San Suu Kyi and Buddhist monks in resistance efforts to advocate for the welfare of Myanmar's people has played an important role in educating the world about human rights violations in the country. Faced with international condemnation, Myanmar's junta released Aung San Suu Kyi from…
Discusses school reform in Japan, examining issues of school organization and regulation, curriculum development, and parent-teacher-student relationships and participation from two perspectives: human rights and global education. The relevant issues are explored under five dimensions: student self-government, interpersonal relationships, student…
Teaching the rules of war to human rights practitioners calls for emphasis on not taking sides; applying existing law rather than inventing standards for the occasion; applying the Geneva Conventions; recognizing that ends do not justify means; determining legitimate military targets; and realizing that "good guys" should be held to the same…
Daniel, John, Ed.; And Others
This collection of reports gives a picture of educational systems from a human rights perspective, monitoring academic freedom in the context of freedom of thought and freedom of opinion and expression. The World University Service's Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Education of 1988 is used as the…
Snauwaert, Dale T.
The foundation upon which this discussion is based is the basic nature of democracy as both a political and moral ideal. Democracy can be understood as a system of rights premised upon the logic of equality. At its core is a fundamental belief in moral equality, a belief that all human beings possess an equal inherent dignity or worth. The ideal…
There is a human rights crisis in Indian Country. This crisis--one of many--is the result of an almost universal lack of legal representation of Native people when they appear as defendants in tribal courts. The lack of lay advocates and attorneys representing Native defendants creates tremendous problems for tribal members who find themselves in…
Copelon, Rhonda; Zampas, Christina; Brusie, Elizabeth; Devore, Jacqueline
In the Universal Declaration of Human Rights, the foundation of human rights, the text and negotiating history of the "right to life" explicitly premises human rights on birth. Likewise, other international and regional human rights treaties, as drafted and/or subsequently interpreted, clearly reject claims that human rights should attach from conception or any time before birth. They also recognise that women's right to life and other human rights are at stake where restrictive abortion laws are in place. This paper reviews the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Inter-American Human Rights Agreements and African Charter on Human and People's Rights in this regard. No one has the right to subordinate another in the way that unwanted pregnancy subordinates a woman by requiring her to risk her own health and life to save her own child. Thus, the long-standing insistence of women upon voluntary motherhood is a demand for minimal control over one's destiny as a human being. From a human rights perspective, to depart from voluntary motherhood would impose upon women an extreme form of discrimination and forced labour.
... Constitution and the laws of the United States, do hereby proclaim December 10, 2010, as Human Rights Day... Rights Week, 2010By the President of the United States of America A Proclamation In 1948, the United... more united. The United States will always speak for those who are voiceless, defend those who...
Adams, Eric M
This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer's right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer's duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.
Cook, Rebecca J; Dickens, Bernard M
The legal approach to abortion is evolving from criminal prohibition towards accommodation as a life-preserving and health-preserving option, particularly in light of data on maternal mortality and morbidity. Modern momentum for liberalization comes from international adoption of the concept of reproductive health, and wider recognition that the resort to safe and dignified healthcare is a major human right. Respect for women's reproductive self-determination legitimizes abortion as a choice when family planning services have failed, been inaccessible, or been denied by rape. Recognition of women's rights of equal citizenship with men requires that their choices for self-determination be legally respected, not criminalized.
Modern environmental- and occupational-related morbidities and mortality are determined by the power relations inherent in our existing capitalist systems of production and consumption. These systems thwart human public health rights because of the priority to maximize profit for the systems' owners rather than to establish ecologically sound and socially just development for all. The international public health community must return to its primary prevention roots and take action to eliminate the potential for population morbidities that result from hazardous substance exposures in work and community environments. The 1988 Adelaide Recommendations on Healthy Public Policy provide us with guidelines that incorporate a human rights approach and build on several decades of international public health declarations and charters. To succeed, public health must work with the labor movement. A human rights approach to environmental public health can help us make a transition to sustainable modes of production and consumption. The environmental justice movement's strategy for an economic greening that sets as a priority "pathways out of poverty" can help to advance environmental public health rights.
Asserts that educators need to teach about human rights issues, such as social and economic rights, in the social studies curriculum because these issues are disregarded throughout the country. Defines human rights, discusses the importance of the Universal Declaration of Human Rights (UDHR), and provides two lessons. (CMK)
Noonan, Michael A.
This 2001 edition of Educational International's (EI) "Barometer on Trade Union and Human Rights in the Education Sector" focuses on four fundamental human rights: (1) the right to education; (2) academic freedom; (3) children's right to be protected from exploitation; and (4) workers' rights to form and join trade unions and to organize…
Cohen, Jonathan; Ezer, Tamar
The concept of "human rights in patient care" refers to the application of human rights principles to the context of patient care. It provides a principled alternative to the growing discourse of "patients' rights" that has evolved in response to widespread and severe human rights violations in health settings. Unlike "patients' rights," which is rooted in a consumer framework, this concept derives from inherent human dignity and neutrally applies universal, legally recognized human rights principles, protecting both patients and providers and admitting of limitations that can be justified by human rights norms. It recognizes the interrelation between patient and provider rights, particularly in contexts where providers face simultaneous obligations to patients and the state ("dual loyalty") and may be pressured to abet human rights violations. The human rights lens provides a means to examine systemic issues and state responsibility. Human rights principles that apply to patient care include both the right to the highest attainable standard of health, which covers both positive and negative guarantees in respect of health, as well as civil and political rights ranging from the patient's right to be free from torture and inhumane treatment to liberty and security of person. They also focus attention on the right of socially excluded groups to be free from discrimination in the delivery of health care. Critical rights relevant to providers include freedom of association and the enjoyment of decent work conditions. Some, but not all, of these human rights correspond to rights that have been articulated in "patients' rights" charters. Complementary to—but distinct from—bioethics, human rights in patient care carry legal force and can be applied through judicial action. They also provide a powerful language to articulate and mobilize around justice concerns, and to engage in advocacy through the media and political negotiation. As "patients' rights" movements and
Cook, R J
Neglect of women's reproductive health, perpetuated by law, is part of a larger, systematic discrimination against women. Laws obstruct women's access to reproductive health services. Laws protective of women's reproductive health are rarely or inadequately implemented. Moreover, few laws or policies facilitate women's reproductive health services. Epidemiological evidence and feminist legal methods provide insight into the law's neglect of women's reproductive health and expose long-held beliefs in the law's neutrality that harm women fundamentally. Empirical evidence can be used to evaluate how effectively laws are implemented and whether alternative legal approaches exist that would provide greater protection of individual rights. International human rights treaties, including those discussed in this article, are being applied increasingly to expose how laws that obstruct women's access to reproductive health services violate their basic rights.
Levy, Barry S; Patz, Jonathan A
The environmental and health consequences of climate change, which disproportionately affect low-income countries and poor people in high-income countries, profoundly affect human rights and social justice. Environmental consequences include increased temperature, excess precipitation in some areas and droughts in others, extreme weather events, and increased sea level. These consequences adversely affect agricultural production, access to safe water, and worker productivity, and, by inundating land or making land uninhabitable and uncultivatable, will force many people to become environmental refugees. Adverse health effects caused by climate change include heat-related disorders, vector-borne diseases, foodborne and waterborne diseases, respiratory and allergic disorders, malnutrition, collective violence, and mental health problems. These environmental and health consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected by climate change than high-income countries, which produce substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income countries. Adaptation and mitigation measures to address climate change needed to protect human society must also be planned to protect
Karev, Iris; Doron, Israel Issi
The right to leisure is recognized as a human right under the 1948 United Nations Universal Declaration of Human Rights. The actual meaning and material content of this human right is subject to debate. The aim of this study is to examine the extent and the context to which this human right is specifically recognized with regard to older persons. Methodologically, this study textually analyzed 17 different international older persons' human rights documents. The findings reveal that in the majority of these documents there is no reference to the right to leisure. In the remaining documents, the right to leisure is mostly referred to indirectly or in a narrow legal construction. These findings support the notion that despite the growing body of knowledge regarding the importance of meaningful leisure in old age-and its empowering and anti-ageist nature-this knowledge has not transformed into a legal human rights discourse.
Only too often ideology means fanaticism, intolerance, even violence, but the term can be used also to denote sets of preconceptions and presuppositions which act as a stimulus and a guide to scientific innovation, particularly in the field of social science. This sort of insight into the realities of life and the world is a contribution to knowledge and the search for truth, also in the field of human rights. These are taken in the paper as those rights whose infringement constitutes a "vulnus" of the essential characteristics of human beings and those which assume the role of a basic safeguard of them. The meaning of the insistence on the human rights theme in the United Nations system is briefly touched upon, but the main effort is spent in trying to find a firm base for both fundamental rights and duties, shown as strictly and simmetrically linked. Various examples of population policies - broadly defined as governmental interventions influencing demographic variables - are then examined in the light of the basic principles laid down in the said effort. The fields taken up in succession for consideration are international and internal migration, mortality, marriage, fertility in countries at different stages of demographic transition, and growth. Rather than trying an extensive coverage of the whole horizon, a line of critical and deep thought about typical problematic themes is preferred. One of the main conclusions which may be quoted is a statement according to which the problem remains wide open of discovering acceptable ways aiming at a modification of fertility patterns which combine a reduction of the average family size with the maintenance of its variability in order to respect free and responsible individual choices. How important and urgent this task is, is underscored by the observations advanced in the final section of the paper including a meditation on the limits that human sexuality appears to have imposed on itself.
Information and education are crucial for child development. The child's right to information and education protect human values and the human dignity of the child. Formal and non-formal forms of education by parents, friends, schools, and libraries should be based on human rights. The United Nations (UN) Convention on the Rights of the Child…
Provides an annotated list of websites that focus on international human rights. Explains that human rights can be incorporated into curricula whether the focus is on human geography or contemporary global issues. Indicates that the Northern Light search engine produced over 700,000 hits for human rights websites. (CMK)
Patrick, John J.
This ERIC Digest outlines what is meant by the phrase human rights and the origin of the concept. It also traces the delineation of the concept of human rights from the 17th century antecedent of "natural rights" to its eventual incarnation as inherent political or personal rights, such as freedom of speech, press, assembly, and…
Considers how biotechnology affects human-rights issues; in particular, the need for reexamining concerns about reproductive technology, the rights of indigenous peoples, and the rights of future generations. Maintains that the new areas for human-rights discussions, such as germ-line manipulation and genetic screening, are unprecedented concerns…
Joshua, I A; Dangata, Y Y; Audu, O; Nmadu, A G; Omole, N V
In Nigeria, just like in many other parts of the world, one of the most extensively discussed issues on the public agenda today is the increase in prison population. The aims of imprisonment are protection, retribution, deterrence, reformation and vindication. Investigations revealed that the prison services have been,neglected more than any other criminal justice agency in Nigeria. For example, most of the prisons were built during the colonial era for the purpose of accommodating a small number of inmates. Human Rights are the basic guarantees for human beings to be able to achieve happiness and self-respect; consequently, in most jurisdictions, the Human Rights Act confirms that these Rights do not stop at the prison gates. However, most States fail to meet the Human Rights obligations of their prisoners. As regards to health, for example, every prison should have proper health facilities and medical staff to provide dental and psychiatric care among others. This article discusses the Nigerian Prison System and challenges, trends and the related Human Rights and Ethical issues in Nigerian prisons. Some of the unmet needs of Nigerian prisoners which include, inter alia, living in unwholesome cells, delayed trial of inmates, lack of voting rights, access to information, lack of conjugal facilities for married prisoners, poor and inadequate nutrition, poor medical care, torture, inhumane treatment and the need to protect prisoners in a changing world. The present report has policy implications for reforming prison services in Nigeria, and countries that sing from the same song sheet with Nigeria on prison services, to conform to the Fundamental Human Rights of prisoners in the 21St century.
Brennan, Frank; Carr, Daniel B; Cousins, Michael
This article surveys worldwide medical, ethical, and legal trends and initiatives related to the concept of pain management as a human right. This concept recently gained momentum with the 2004 European Federation of International Association for the Study of Pain (IASP) Chapters-, International Association for the Study of Pain- and World Health Organization-sponsored "Global Day Against Pain," where it was adopted as a central theme. We survey the scope of the problem of unrelieved pain in three areas, acute pain, chronic noncancer pain, and cancer pain, and outline the adverse physical and psychological effects and social and economic costs of untreated pain. Reasons for deficiencies in pain management include cultural, societal, religious, and political attitudes, including acceptance of torture. The biomedical model of disease, focused on pathophysiology rather than quality of life, reinforces entrenched attitudes that marginalize pain management as a priority. Strategies currently applied for improvement include framing pain management as an ethical issue; promoting pain management as a legal right, providing constitutional guarantees and statutory regulations that span negligence law, criminal law, and elder abuse; defining pain management as a fundamental human right, categorizing failure to provide pain management as professional misconduct, and issuing guidelines and standards of practice by professional bodies. The role of the World Health Organization is discussed, particularly with respect to opioid availability for pain management. We conclude that, because pain management is the subject of many initiatives within the disciplines of medicine, ethics and law, we are at an "inflection point" in which unreasonable failure to treat pain is viewed worldwide as poor medicine, unethical practice, and an abrogation of a fundamental human right.
Bergel, S D
The Universal Declaration on the Human Genome and Human Rights sets out generally agreed criteria in response to the human rights challenges posed by advances in molecular biology and genetics. The lynchpin of these criteria is respect for human dignity, a premise from which other principles are derived. The author examines and gives the justification for these principles, and refers to another crucial bioethics text, the recent Council of Europe Convention on the protection of human rights and the dignity of the human person in regard to applications of biology and medicine.
This article proposes a set of human rights education standards for classroom teachers and, by implication, outcomes for teacher preparation programs. The discussion includes a brief description of human rights education and concludes with recommendations for teacher preparation programs.
Gable, Lance; Meier, Benjamin Mason
The Framework Convention on Global Health (FCGH) represents an important idea for addressing the expanding array of governance challenges in global health. Proponents of the FCGH suggest that it could further the right to health through its incorporation of rights into national laws and policies, using litigation and community empowerment to advance rights claims and prominently establish the right to health as central to global health governance. Building on efforts to expand development and influence of the right to health through the implementation of the FCGH, in this article we find that human rights correspondingly holds promise in justifying the FCGH. By employing human rights as a means to develop and implement the FCGH, the existing and evolving frameworks of human rights can complement efforts to reform global health governance, with the FCGH and human rights serving as mutually reinforcing bases of norms and accountability in global health.
Asserts that incorporating human rights issues into the curriculum causes tensions, especially in nations with histories of military dictatorships. Describes human rights education in Chile and other Latin American nations. Discusses whether human rights should be a separate curriculum subject or integrated into all courses. (CFR)
Waters, Stewart; Russell, William B., III
International revulsion at the violation of human rights during World War II helped spark a global movement to define and protect individual human rights. Starting with the creation of war crimes tribunals after the war, this newfound awareness stimulated a concerted international effort to establish human rights for all, both in periods of war…
Carter, George E.
Despite the Universal Declaration of Human Rights adopted by the United Nations in 1948, the issue of the human rights of ethnic minority groups is widely ignored in the United States--both in policy and as an issue worthy of examination. In this country and abroad, violations of human rights continue to take place regularly; minority group…
Does rhetoric have a place in the discourse of human rights? Without certain reply, as the dilemmas of defining, claiming, and promoting human rights appear both to include and exclude the rhetorical gesture, this question invites inquiry into the preface of the contemporary human rights regime, the moment of the aftermath that provokes a struggle…
Sohn, Louis B.; Roosevelt, Curtis
Conference participants examined the attitudes toward human rights which led to the drafting of the Universal Declaration of Human Rights in 1948, as compared to today's perceptions of the meaning of human rights. Using Franklin D. Roosevelt's "Four Freedoms" as a point of departure--freedom of speech and expression, freedom of every…
Childhood Education, 2005
Research indicates that few state departments of education have actually mandated human rights education in their schools. Clearly, individual teachers will need to take responsibility for the integration of peace education and human rights education. By integrating human rights education and peace education into the daily fabric of the school…
Bureau of Public Affairs (Dept. of State), Washington, DC.
Excerpts from 100 speeches, essays, and legal documents dating from classical times to the present illustrate the record of human rights discussion over the centuries. The compilation was made in 1968 to mark the 20th anniversary of the Universal Declaration of Human Rights. The readings indicate that human rights initially meant freedom from a…
Maintains that the high poverty levels in the United States implies that the goals of the Universal Declaration of Human Rights (UDHR) have not yet transformed the reality of U.S. citizens. Describes the national campaign called "Economic Human Rights: The Time Has Come!" that combats the violations of basic human rights like poverty.…
Cassidy, Claire; Brunner, Richard; Webster, Elaine
Human rights education is a prominent concern of a number of international organisations and has been dominant on the United Nations' agenda for the past 20 years. The UN Decade for Human Rights Education (1995-2004) has been followed by the World Programme for Human Rights Education (2005-ongoing) and the recently adopted UN Declaration on Human…
In an earlier article in Nursing Standard (1), the author discussed the use of control and restraint techniques when dealing with violent or potentially violent situations. Here, he offers a nurse's perspective on the ethical and human rights issues which confront staff who are trying to cope with the challenging behaviours of their patients and who, as a last resort, may have to use physical restraint to prevent injury occurring. In intervening physically, nurses, he argues, must be aware of the legal and ethical boundaries of their practice.
Peacock, Dean; Stemple, Lara; Sawires, Sharif; Coates, Thomas J
Though still limited in scale, work with men to achieve gender equality is occurring on every continent and in many countries. A rapidly expanding evidence base demonstrates that rigorously implemented initiatives targeting men can change social practices that affect the health of both sexes, particularly in the context of HIV and AIDS. Too often however, messages only address the harm that regressive masculinity norms cause women, while neglecting the damage done to men by these norms. This article calls for a more inclusive approach which recognizes that men, far from being a monolithic group, have unequal access to health and rights depending on other intersecting forms of discrimination based on race, class, sexuality, disability, nationality, and the like. Messages that target men only as holders of privilege miss men who are disempowered or who themselves challenge rigid gender roles. The article makes recommendations which move beyond treating men simply as "the problem", and instead lays a foundation for engaging men both as agents of change and holders of rights to the ultimate benefit of women and men. Human rights and other policy interventions must avoid regressive stereotyping, and successful local initiatives should be taken to scale nationally and internationally.
Peacock, Dean; Stemple, Lara; Sawires, Sharif; Coates, Thomas J.
Though still limited in scale, work with men to achieve gender equality is occurring on every continent and in many countries. A rapidly expanding evidence base demonstrates that rigorously implemented initiatives targeting men can change social practices that affect the health of both sexes, particularly in the context of HIV and AIDS. Too often however, messages only address the harm that regressive masculinity norms cause women, while neglecting the damage done to men by these norms. This article calls for a more inclusive approach which recognizes that men, far from being a monolithic group, have unequal access to health and rights depending on other intersecting forms of discrimination based on race, class, sexuality, disability, nationality, and the like. Messages that target men only as holders of privilege miss men who are disempowered or who themselves challenge rigid gender roles. The article makes recommendations which move beyond treating men simply as “the problem”, and instead lays a foundation for engaging men both as agents of change and holders of rights to the ultimate benefit of women and men. Human rights and other policy interventions must avoid regressive stereotyping, and successful local initiatives should be taken to scale nationally and internationally. PMID:19553779
This article explores various strategies which could be used to hold the tobacco industry accountable for human rights violations precipitated by its conduct. First, a brief overview of the international human rights regime and the tobacco related jurisprudence issued by human rights treaty bodies is provided. The article then explains how tobacco control advocates could promote more systematic consideration of governments' tobacco related human rights violations by reconceptualising the Framework Convention on Tobacco Control in the language of rights. The feasibility of using the existing human rights framework to target the tobacco industry directly is analysed with the conclusion that this approach has serious limitations. Emerging human rights norms, which have greater potential to affect the industry's conduct, are presented. Finally, given the questionable authoritativeness of these norms, alternative ways that they could be employed to hold tobacco companies accountable for the rights related consequences of their activities are proposed. PMID:16046696
Pirttilä-Backman, Anna-Maija; Kassea, Raul; Sakki, Inari
Social representations of human and peoples' rights were studied among Cameroonian university students (N = 666) with a questionnaire based on the UN Declaration of Human Rights and the African Charter on Human and Peoples' Rights and Duties. The respondents were asked how important and how well realized they regarded the 39 human and peoples' rights to be. A 13-factor model provided the best fit with Cameroonian students' perceptions of human and peoples' rights. Taken as a whole, our results are in line with previous quantitative studies on human rights, confirming structural similarity but also country-specific variation in the aggregation of specific rights. Moreover, our data showed that Cameroonian students value human and peoples' rights highly (M = 6.18), whereas their fulfillment is not regarded as highly (M = 5.09). Same law for all, equality and freedom, and right to work and living were highly appreciated but lowly realized rights. Higher than average in importance and realization were right to education and self-fulfillment, right to marriage and property, peoples' social and political basic rights and right to life and safety. Low in importance and realization were peoples' right to their country's natural resources and independence, right to meetings, and right to express opinion. Women appreciated the rights more than men and thought of their rights as better realized compared to men. We suggest that when women say that their rights are better fulfilled than men do, it is in comparison with the older generation, who are still very dependent on men. Nowadays, thanks to education and urbanization, young women have wider choices or opportunities for marriage and jobs. Men may feel frustrated in the context of political liberalization because the freedoms are more theoretical than fulfilled; the economic crises and cultural changes have hindered their economic domination and their prerogatives.
Zembylas, Michalinos; Charalambous, Constadina; Charalambous, Panayiota
This paper describes a qualitative study that explored the understandings of human rights, pedagogical perspectives and practices in human rights teaching of three Greek-Cypriot elementary teachers. The study revealed some significant challenges in human rights teaching that seemed to be common for all three participating teachers. First, all of…
For centuries, medical and surgical treatment has emphasized saving the life of the patient rather than ameliorating the patient's pain, particularly when there were few options for the latter. Today at the dawn of the 21st century, the best available evidence indicates a major gap between an increasingly understanding of the pathophysiology of pain and widespread inadequacy of its treatment. Epidemiologic evidence has proven that chronic pain is a widespread public health issue. Studies of cancer patients' pain control consistently reveal that up to half of patients receive inadequate analgesia and 30% do not receive appropriate drugs for their pain. Equally, for patients suffering HIV/AIDS, 60%-100% will experience pain at some stage in their illness. In the developed world, this gap has prompted a series of declarations and actions by national and international bodies advocating better pain control. One response to the worldwide undertreatment of pain has been to promote the concept that pain relief is a public health issue of such critical importance as to constitute an international imperative and fundamental human right. The importance of pain relief as the core of the medical ethic is clear. Pain clinicians promote the status of pain management beyond that of appropriate clinical practice or even an ethic of good medicine. They advocate a paradigm shift in the medical professions' perspective on pain management, from simply good practice to an imperative founded on patient rights. There is a need to promote policies which create conditions where human beings can bear even incurable illnesses and death in a dignified manner. This must help health professionals or lay groups to initiate a powerful agenda to reform local statutes. The essential components of such legislation are: 1. Reasonable pain management is a right. 2. Doctors have a duty to listen to and reasonably respond to a patient's report of pain. 3. Provision of necessary pain relief is immune from
Halamandaris, Val J
Dorothy Height, is a legendary figure in the American civil rights movement and in the broader worldwide human rights movement. As President of the National Council of Negro Women (NCNW), she worked tirelessly toward the enactment of civil rights and for equal rights in education, housing, and employment.
The United States takes a highly relativistic stance toward the Universal Declaration of Human Rights. It regards the socio-economic rights and the right to development as without status; exempts itself from all provisions of the Declaration by failing to sign the conventions designed to implement these provisions; and unilaterally qualifies its support of civil and political rights. Leading recipients of U.S. aid have traditionally included regimes with atrocious human rights records. Those struggling for human rights should have no illusions about the systems of power and their servants.
The link between cultural diversity and human rights was clearly established by the Universal Declaration on Cultural Diversity, adopted by the member states of UNESCO in 2001, which holds that "the defence of cultural diversity is … inseparable from respect for human dignity" and that it "implies a commitment to human rights and fundamental freedoms." The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in 2005, states that "cultural diversity can be protected and promoted only if human rights and fundamental freedoms … are guaranteed" (Article 2). The precise relationship between cultural diversity and human rights, however, is not clarified and thus leaves room for further exploration. This contribution analyses the issues surrounding the relationship between cultural diversity and human rights, in particular cultural rights. Firstly, it addresses general human rights issues such as universality and cultural relativism and the principles of equality and non-discrimination. Secondly, it explores the scope of cultural rights, as well as the cultural dimension of human rights. Thirdly, several cases are discussed in which human rights were invoked to protect cultural interests, confirming the value of cultural diversity. Finally, some concluding remarks are presented, indicating which areas require attention in order to further improve the promotion and protection of human rights in relation to cultural diversity.
This article argues that faith-based schools are a necessary feature of democratic and pluralistic societies and a legitimate expression of human rights as constituted in the European Convention in Human Rights (2000). It further argues that if the rights of parents to have a real choice for faith-based schools (regardless of ability to pay) are…
Torney, Judith V.; Brice, Patrick J.
Recent literature on children's conceptions of social institutions is reviewed, and the results of a pilot study on children's concepts of human rights are described. A series of interview questions was developed based on rights specified in the Universal Declaration of Human Rights. Questions in Part I of the interview concerned a presumed…
The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the "pro life"-side of the controversy. This, however, is the result of some specific implications of Kant's transcendental approach that may be put into question.
Boden, Leslie I
Injured workers, particularly those with more severe injuries, have long experienced workers' compensation systems as stressful and demeaning, have found it difficult to obtain benefits, and, when able to obtain benefits, have found them inadequate. Moreover, the last two decades have seen a substantial erosion of the protections offered by workers' compensation. State after state has erected additional barriers to benefit receipt, making the workers' compensation experience even more difficult and degrading. These changes have been facilitated by a framing of the political debate focused on the free market paradigm, employer costs, and worker fraud and malingering. The articles in this special issue propose an alternate framework and analysis, a human rights approach, that values the dignity and economic security of injured workers and their families.
Meason, Braden; Paterson, Ryan
Chikungunya is a re-emerging arbovirus that causes significant morbidity and some mortality. Global climate change leading to warmer temperatures and changes in rainfall patterns allow mosquito vectors to thrive at altitudes and at locations where they previously have not, ultimately leading to a spread of mosquito-borne diseases. While mutations to the chikungunya virus are responsible for some portion of the re-emergence, chikungunya epidemiology is closely tied with weather patterns in Southeast Asia. Extrapolation of this regional pattern, combined with known climate factors impacting the spread of malaria and dengue, summate to a dark picture of climate change and the spread of this disease from south Asia and Africa into Europe and North America. This review describes chikungunya and collates current data regarding its spread in which climate change plays an important part. We also examine human rights obligations of States and others to protect against this disease.
I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as (a) reasoning from rights that each person has 'by virtue of their humanity', (b) reasoning from rights that provide 'hard to defeat' reasons for action and (c) reasoning from abstract norms to specified duties. I will then argue in Section 2 that, unless we (a) re-conceive of human rights as narrow categories of liberties, it becomes (b) necessary for our human rights reasoning to gauge the normative force of each claim or liberty. When we apply this approach to disputes in medical law, we (in the best case scenario) end up (c) 'looking straight through' the human right to the (disagreement about) values and features that each person has by virtue of their humanity.
The increasing volume and complexities of migratory flow has led to a range of problems such as human rights issues, public health, disease and border control, and also the regulatory processes. As result of war or internal conflicts missing person cases and management have to be regarded as a worldwide issue. On the other hand, even in peace, the issue of a missing person is still relevant. In 2007 the Italian Ministry of Interior nominated an extraordinary commissar in order to analyse and assess the total number of unidentified recovered bodies and verify the extent of the phenomena of missing persons, reported as 24,912 people in Italy (updated 31 December 2011). Of these 15,632 persons are of foreigner nationalities and are still missing. The census of the unidentified bodies revealed a total of 832 cases recovered in Italy since the year 1974. These bodies/human remains received a regular autopsy and were buried as 'corpse without name". In Italy judicial autopsy is performed to establish cause of death and identity, but odontology and dental radiology is rarely employed in identification cases. Nevertheless, odontologists can substantiate the identification through the 'biological profile' providing further information that can narrow the search to a smaller number of missing individuals even when no ante mortem dental data are available. The forensic dental community should put greater emphasis on the role of the forensic odontology as a tool for humanitarian action of unidentified individuals and best practise in human identification.
The Preamble to the Universal Declaration on Human Rights (UNDHR) calls on every organ of society to teach and educate for the promotion of the rights it contains. However, few if any business schools have any systematic or critical human rights content in their accounting and business curricula. This oversight is increasingly problematic as…
Donaldson, Shawn G; Curren, Meredith S; Adlard, Bryan; Provost, Jonathan; Leech, Tara; Tikhonov, Constantine; Feeley, Mark; Tomlinson, Scott; Shearer, Russel
Studies conducted in the mid-1980s and early 1990s demonstrated that persistent organic pollutants (POPs) and metals were reaching the Arctic ecosystem at unexpectedly high levels, many of which had no Arctic or Canadian sources. Epidemiological and toxicological studies in Canada and in other countries have found that these contaminants may pose a risk to human health. The objective of this paper is to provide the foundation for the discussion on future northern human health research under the Northern Contaminants Program (NCP) in Canada. This short discussion of human health priorities will help guide a path forward for future northern human health research in Canada to address on-going and new health concerns related to contaminants exposure in the Canadian Arctic.
Smadi, Hanan; Sargeant, Jan M
The current quantitative risk assessment model followed the framework proposed by the Codex Alimentarius to provide an estimate of the risk of human salmonellosis due to consumption of chicken breasts which were bought from Canadian retail stores and prepared in Canadian domestic kitchens. The model simulated the level of Salmonella contamination on chicken breasts throughout the retail-to-table pathway. The model used Canadian input parameter values, where available, to represent risk of salmonellosis. From retail until consumption, changes in the concentration of Salmonella on each chicken breast were modeled using equations for growth and inactivation. The model predicted an average of 318 cases of salmonellosis per 100,000 consumers per year. Potential reasons for this overestimation were discussed. A sensitivity analysis showed that concentration of Salmonella on chicken breasts at retail and food hygienic practices in private kitchens such as cross-contamination due to not washing cutting boards (or utensils) and hands after handling raw meat along with inadequate cooking contributed most significantly to the risk of human salmonellosis. The outcome from this model emphasizes that responsibility for protection from Salmonella hazard on chicken breasts is a shared responsibility. Data needed for a comprehensive Canadian Salmonella risk assessment were identified for future research.
Covell, Katherine; Howe, R. Brian; McNeil, Justin K.
Evaluations of a children's rights education initiative in schools in Hampshire, England--consistent with previous research findings--demonstrate the effectiveness of a framework of rights for school policy, practice, and teaching, for promoting rights-respecting attitudes and behaviors among children, and for improving the school ethos. The value…
... Documents#0;#0; ] Proclamation 8608 of November 30, 2010 Helsinki Human Rights Day, 2010 By the President of... Act, a seminal document tying lasting security among states with respect for human rights and... comprehensive security across the European continent. This occasion also spurred courageous human...
Meier, B M; Onzivu, W
The World Health Organization (WHO) was intended to serve at the forefront of efforts to realize human rights to advance global health, and yet this promise of a rights-based approach to health has long been threatened by political constraints in international relations, organizational resistance to legal discourses, and medical ambivalence toward human rights. Through legal research on international treaty obligations, historical research in the WHO organizational archives, and interview research with global health stakeholders, this research examines WHO's contributions to (and, in many cases, negligence of) the rights-based approach to health. Based upon such research, this article analyzes the evolving role of WHO in the development and implementation of human rights for global health, reviews the current state of human rights leadership in the WHO Secretariat, and looks to future institutions to reclaim the mantle of human rights as a normative framework for global health governance.
The Australian Human Rights and Equal Opportunity Commission visited over 50 communities throughout Australia to assess the state of human rights in rural, regional, and remote Australia. Education and health services predominated the discussions. Rural children, especially Aboriginal children, have lower school attendance and completion rates…
Davis, William W.; Mullany, Luke C.; Shwe Oo, Eh Kalu; Richards, Adam K.; Iacopino, Vincent; Beyrer, Chris
Background Decades of conflict in eastern Myanmar have resulted in high prevalence of human rights violations and poor health outcomes. While recent ceasefire agreements have reduced conflict in this area, it is unknown whether this has resulted in concomitant reductions in human rights violations. Methods and Findings We conducted a two-stage cluster survey of 686 households in eastern Myanmar to assess health status, access to healthcare, food security, exposure to human rights violations and identification of alleged perpetrators over the 12 months prior to January 2012, a period of near-absence of conflict in this region. Household hunger (FANTA-2 scale) was moderate/high in 91 (13.2%) households, while the proportion of households reporting food shortages in each month of 2011 ranged from 19.9% in December to 47.0% in September, with food insecurity peaking just prior to the harvest. Diarrhea prevalence in children was 14.2% and in everyone it was 5.8%. Forced labor was the most common human rights violation (185 households, 24.9%), and 210 households (30.6%) reported experiencing one or more human rights violations in 2011. Multiple logistic regression analysis identified associations between human rights violations and poor health outcomes. Conclusion Human rights violations and their health consequences persist despite reduced intensity of conflict in eastern Myanmar. Ceasefire agreements should include language that protects human rights, and reconciliation efforts should address the health consequences of decades of human rights violations. PMID:26308850
The history of the Society's involvement in the defense of human rights, a history of which the Society can be proud, will be summarized; the summary will include illustrative specific APS human rights defense actions in illustrative specific cases. As will be emphasized, the aforesaid involvement has been primarily through the activities of the APS Committee on International Freedom of Scientists (CIFS). It is noteworthy-and one of the reasons the Society can be proud-that CIFS is charged with ``monitoring concerns regarding human rights for scientists,'' not solely for physicists, and that CIFS indeed has sought to protect the human rights of nonphysicists.
Freckelton, Ian; McGregor, Simon
Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.
On the 2nd of October 2000, The Human Rights Act 1998 came into full force, signalling the incorporation of The European Convention on Human Rights into U.K. law. Areas of law believed to be inconsistent with the Convention may now be challenged in both The European Court of Human Rights and domestic courts. This article considers whether existing laws on the regulation of access to infertility services, in particular surrogacy, will be deemed incompatible with the ECHR. Human rights as enshrined within Articles 8 and 12 will be examined in light of recent suggestions that there may arise legal challenges by those who have had access to reproductive services restricted or denied. It will be shown that, although existing and potential future controls may arguably infringe these rights, it is nevertheless unlikely that they will be held to be in contravention of The Human Rights Act 1998.
Conveying the "common language of humanity" is the whole purpose of human rights education. Concerned citizens need to understand and embrace the fundamental principles of human dignity and equality and accept the personal responsibility to defend the rights of all people. This handbook is intended to help people who care about human…
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.
In 2001, the United Nations Security Council established an Expert Panel to study the issue of whether the UN should institute HIV testing of peacekeeping personnel. This article, based on a 9 July 2002 presentation to the XIV International AIDS Conference (abstract TuOrG1173), reports on the findings of a paper prepared for the Expert Panel by the Canadian HIV/AIDS Legal Network. The paper examined whether it is permissible for the UN to implement mandatory HIV testing of its peacekeeping personnel, and whether HIV-positive UN peacekeeping personnel should be excluded or restricted from service on the basis of their HIV status or HIV disease progression. The article describes some of the court cases in which these issues have been considered; discusses the importance of analyzing such issues in the context of a human rights-based approach to the pandemic; and formulates a series of key principles for guiding UN decision-making. The article concludes that a policy of mandatory HIV testing for all UN peacekeeping personnel cannot be justified on the basis that it is required in order to assess their physical and mental capacity for service; that HIV-positive peacekeeping personnel cannot be excluded from service based on their HIV status alone, but only on their ability to perform their duties; and that the UN cannot resort to mandatory HIV testing for all UN peacekeeping personnel to protect the health and safety of HIV-negative personnel unless it can demonstrate that alternatives to such a policy would not reduce the risk sufficiently. In the end, the Expert Panel unanimously rejected mandatory testing and instead endorsed voluntary HIV counselling and testing for UN peacekeeping personnel.
Chapman, Audrey R
Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health.
Silvers, Anita; Francis, Leslie
This article explores rights-based approaches to protecting disabled people against inequities in access to health care services. Understanding health care as a human right, as is found in the UN Convention on the Rights of People with Disabilities (CRPD), fails to provide theoretical machinery for responding to certain pressing challenges. An alternative account, understanding health care as a civil right, proves more promising. This latter approach then is applied to the right to health care under the U.S. Affordable Care Act (ACA), which contains provisions that could be antithetical to, and thus fail to comply with, the nondiscrimination standard of meaningful access to health care benefits.
Sexual identity is a legal status, and as such it is as much dependent on public policy as on self-identification. However, because this status can be crucial to one's role in society, a conflict between the legal status and an individual's perceptions or aspirations creates a dilemma if society is committed to individual freedom. This difficulty can become particularly acute where it is technically possible for an individual to alter some of the factors used socially or legally to determine sexual identity. This paper analyses these difficulties, both from the situation of endocrine disorder and with respect to gender identity. It argues that this distinction in approach may not be a valid basis for different legal treatment. It considers four major issues: the stage at which a change of gender should be recognised; any preconditions to which a legal change of gender should be made subject; whether legal recognition should be made for all purposes or only for specific areas of the law; and the confidentiality of a person's previous sexual identity. The paper particularly analyses the law in the United Kingdom and then considers other jurisdictions before focusing on the treatment of transsexuals under the European Convention on Human Rights.
Arguments against commercial surrogacy frequently focus on the rights of the surrogate. For-example, those opposed to commercial surrogacy often argue that surrogacy arrangements amount to the exploitation of women and the commodification of their wombs. Phrased in the language of rights, such arguments draw on the right to be free from degrading treatment and the right to be free from discrimination. In contrast, those who support commercial surrogacy refute the arguments relating to exploitation and commodification and cite the right to work and more commonly the right to privacy/autonomy as the key rights in question. This article focuses on the human right to autonomy and interrogates whether prohibitions on commercial surrogacy violate the right of a woman to choose to be a surrogate.
Da Lomba, Sylvie
The protection of irregular migrants' health-related rights brings to the fore the tensions that exist between human rights, citizenship and the sovereign state, and exposes the protection gaps in the international human rights regime. With this in mind, I consider the merits of a vulnerability analysis in international human rights law (IHRL). I posit that, detached from specific groups and reconceptualised as universal, vulnerability can be reclaimed as a foundation and tool of IHRL. I further contend that the deployment of a vulnerability analysis can alleviate the exclusionary dimension of IHRL and extend protections to irregular migrants. On this basis, I investigate the development of a vulnerability analysis in the case law of the European Court of Human Rights. I argue that, in contrast with the Court's vulnerable population approach, a vulnerability analysis can improve protection standards for irregular migrants in the field of health.
In cystic fibrosis clinics across Canada, the most common barrier that healthcare workers face when providing care to their patients is having too little time. The Health Human Resources Guidelines were developed to define specifically what amounts of time should be allocated for each discipline of cystic fibrosis clinical care and to provide a description of all the roles involved, reinforcing how these work together to provide comprehensive multidisciplinary care. With involvement from all cystic fibrosis clinics in Canada, through the use of a tailored survey, the Health Human Resources Guidelines are an exclusively Canadian document that has been developed for implementation across the country. The guidelines have been incorporated into a national Accreditation Site Visit program for use in evaluating and improving care across the country and have been distributed to all Canadian cystic fibrosis clinics. The guidelines provide hospital administrators with clear benchmarks for allocating personnel resources to the cystic fibrosis clinics hosted within their institutions. PMID:27445556
McIntosh, Ian D
In cystic fibrosis clinics across Canada, the most common barrier that healthcare workers face when providing care to their patients is having too little time. The Health Human Resources Guidelines were developed to define specifically what amounts of time should be allocated for each discipline of cystic fibrosis clinical care and to provide a description of all the roles involved, reinforcing how these work together to provide comprehensive multidisciplinary care. With involvement from all cystic fibrosis clinics in Canada, through the use of a tailored survey, the Health Human Resources Guidelines are an exclusively Canadian document that has been developed for implementation across the country. The guidelines have been incorporated into a national Accreditation Site Visit program for use in evaluating and improving care across the country and have been distributed to all Canadian cystic fibrosis clinics. The guidelines provide hospital administrators with clear benchmarks for allocating personnel resources to the cystic fibrosis clinics hosted within their institutions.
Suarez, M; Arroyo, R
The popularization of the rights of women refers to the process by which women join the historical struggle for their basic human rights on the individual and social, public and private, national and international levels. In Central America, a methodology was recently developed for reconceptualizing human rights of women and constructing these rights based on systematizing experiences from daily life. The methodology has been used in several workshops and courses in countries of the region. The methodology has four specific objectives: to identify the principal rights that have been denied to women, to identify rights achieved by women in their daily lives through their own efforts, to contribute to a new form of human rights education for women in which human rights instruments are conceived as instruments to satisfy human needs, and to develop strategies for achieving full exercise of rights. Steps in applying the methodology include encouraging participants to recall their first awareness that a human right was denied because of sex, and to recall the first time they ever successfully asserted a right. These remembered incidences then become the objects of a search through international and national human rights instruments to see whether the relevant rights are mentioned. Since most of the recollected experiences will have occurred in the domestic sphere, they will not be recognized in the instruments. The next step is to identify actions and strategies to overcome the limitations resulting from the separation of public and private spheres and to achieve recognition of the actual life experiences of women. The final step requires sharing fears and concerns regarding the implementation of the suggested strategies and actions.
... for Civil Rights Search U.S. Department of Health & Human Services Search Close HHS A-Z Index About ... opportunities to participate in certain health care and human services programs without unlawful discrimination. HIPAA - Health Information ...
Pine, R N
As it has grappled with issues of population policy, the international community has emphasized that women's reproductive rights are human rights. Scholars have also acknowledged that the right to reproductive health care exists within the scope of international human rights treaties and conventions and that gender equality, nondiscrimination, and freedom from government interference in marriage and family life are also guaranteed. Further protections extend to counseling and health information and referral. The Programme of Action of the 1994 International Conference on Population and Development continues this trend by emphasizing the importance of human rights for attaining population and development objectives, calling on governments to focus their efforts on improving the quality of life for individuals, and endorsing the notion that reproductive rights are universal human rights. Reproductive health care options are also influenced by sovereign laws that restrict availability of contraception, sterilization, or abortion. However, universal rights and unrestricted access must be complemented by other factors controlled by domestic laws to guarantee reproductive choice. Such laws cover issues like marriage age, divorce, marital property, child support, maternity benefits, day care, sex discrimination, eligibility for insurance, confidentiality, spousal consent, rape, and sexual abuse. Countries must modify restrictive national laws and promote laws protecting women's rights.
Miles, Steven H
This paper reviews how human rights advocates during the "war-on-terror" have found new ways to use the World Wide Web (Web) to combat human rights abuses. These include posting of human rights reports; creating large, open-access and updated archives of government documents and other data, tracking CIA rendition flights and maintaining blogs, e-zines, list-serves and news services that rapidly distribute information between journalists, scholars and human rights advocates. The Web is a powerful communication tool for human rights advocates. It is international, instantaneous, and accessible for uploading, archiving, locating and downloading information. For its human rights potential to be fully realized, international law must be strengthened to promote the declassification of government documents, as is done by various freedom of information acts. It is too early to assess the final impact of the Web on human rights abuses in the "war-on-terror". Wide dissemination of government documents and human rights advocates' reports has put the United States government on the defensive and some of its policies have changed in response to public pressure. Even so, the essential elements of secret prisons, detention without charges or trials, and illegal rendition remain intact.
Burridge Nina; Buchanan, John; Chodkiewicz, Andrew
The place of education for and about human rights within the school curriculum remains contested and this paper reports on the first national cross-sectoral investigation of its place in Australian curricula and more specifically in national and state History curriculum documents. Opportunities for the inclusion of human rights based studies were…
Bradley, Valerie J.; Sahakian, Barbara J.
Abstract The incidence of human rights violations in mental health care across nations has been described as a “global emergency” and an “unresolved global crisis.” The relationship between mental health and human rights is complex and bidirectional. Human rights violations can negatively impact mental health. Conversely, respecting human rights can improve mental health. This article reviews cases where an explicitly human rights-based approach was used in mental health care settings. Although the included studies did not exhibit a high level of methodological rigor, the qualitative information obtained was considered useful and informative for future studies. All studies reviewed suggest that human-rights based approaches can lead to clinical improvements at relatively low costs. Human rights-based approaches should be utilized for legal and moral reasons, since human rights are fundamental pillars of justice and civilization. The fact that such approaches can contribute to positive therapeutic outcomes and, potentially, cost savings, is additional reason for their implementation. However, the small sample size and lack of controlled, quantitative measures limit the strength of conclusions drawn from included studies. More objective, high quality research is needed to ascertain the true extent of benefits to service users and providers. PMID:27781015
Background/Context: Human rights education has proliferated in the past four decades and can be found in policy discussions, textbook reforms, and grassroots initiatives across the globe. This article specifically explores the role of creativity and imagination in human rights education (HRE) by focusing on a case study of one non-governmental…
This paper addresses one of the challenges in human rights education (HRE) concerning the conceptualization of a pedagogical orientation that avoids both the pitfalls of a purely juridical address and a "cheap sentimental" approach. The paper uses as its point of departure Richard Rorty's key intervention on human rights discourse and…
This article builds on previous comparative education research by analyzing the current discourse surrounding this emerging education model--human rights education. The first section provides a brief history of human rights education in formal education. The second section reviews research on international reforms, emphasizing analyses of…
Werkmeister Rozas, Lisa; Garran, Ann Marie
A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities.
This study aims to obtain teacher perspectives on the civic and human rights education course included in the eighth grade curriculum in Turkish schools. The study group was selected with criterion sampling from among teachers who were teaching the eighth grade civic and human rights education at elementary schools in central Hatay. Using the…
Pérez De Nucci, Armando M
This article aims to show the existence of important failures in the field of Human Rights and equal possibilities in health. Human rights are analyzed an developed in the field of public and social health in our country. Ethics is the main field proposed to reach solutions in the context on EPEP (Etica para la erradicación de la pobreza).
Arras, John D; Fenton, Elizabeth M
There are many good reasons for a merger between bioethics and human rights. First, though, significant philosophical groundwork must be done to clarify what a human right to health would be and--if we accept that it exists--exactly how it might influence the practical decisions we face about who gets what in very different contexts.
In our global age, educational researchers and practitioners need tools that can be applied in a range of contexts and scales: local, national, and international. This article argues that human rights education (HRE) is a site of struggle in which human rights and democracy need to be constantly renewed. It contextualizes HRE within a critical,…
Muedini, Fait A.
This article discusses my approach to teaching a course on Islam and human rights. I begin by examining the attention Islam has received in the media and classroom. Then, I discuss how I structure lectures on Islam and human rights, the various readings associated with the lectures, as well as common themes discussed in class that include but are…
Reardon, Betty A.
Asserts that, in teaching about human rights, the international standards should be the fundamental core of the content and values to be communicated. Recommends that teachers should use the Universal Declaration of Human Rights as the standard by which the actions of individuals and governments should be compared. (CFR)
Adams, Juanita, Ed.
December 10, 1988, marks the 40th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights. The Declaration represents the first comprehensive, global statement on basic human rights, embracing many of the values long held by U.S. citizens; and it urges all peoples and all nations to promote respect for the…
Outlines the history of the ideals and enactment of the United Nations' Universal Declaration of Human Rights (UDHR). Includes a discussion of the origins of the concept of human rights, the impact of World War II, the role of nongovernmental organizations, and the process of drafting and adopting the UDHR. (DSK)
... Office of Foreign Assets Control 31 CFR Part 562 Iranian Human Rights Abuses Sanctions Regulations AGENCY.... The Department of the Treasury's Office of Foreign Assets Control is issuing the Iranian Human Rights... Foreign Assets Control adds part 562 to 31 CFR Chapter V to read as follows: PART 562--IRANIAN...
Carano, Kenneth T.; Clabough, Jeremiah
The authors explore how graphic novels can be used in the middle and high school social studies classroom to teach human rights. The article begins with a rationale on the benefits of using graphic novels. It next focuses on four graphic novels related to human rights issues: "Maus I: A Survivor's Tale: My Father Bleeds" (Speigelman…
In 2003, the International Baccalaureate Diploma Programme (IBDP)--a program implemented in thousands of schools globally--introduced a human rights course (Makivirta, 2003). This curriculum is the first of its kind to hold potential widespread influence on human rights education in the formal education sector. In this study, I analyze the…
This paper explores ways in which human rights become part of and affect young children's everyday practices in early childhood education and, more particularly, how very young children enact human rights in the preschool setting. The study is conducted in a Swedish preschool through observations of the everyday practices of a group of children…
Suarez, David; Bromley, Patricia
Research on the human rights movement emphasizes direct changes in nation-states, focusing on the efficacy of treaties and the role of advocacy in mitigating immediate violations. However, more than 140 universities in 59 countries established academic chairs, research centers, and programs for human rights from 1968-2000, a development that…
Werkmeister Rozas, Lisa; Garran, Ann Marie
A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities. PMID:27559204
Franco-Giraldo, Alvaro; Alvarez-Dardet, Carlos
Human rights outlined a better scenario for public policies in health. For it requires intersectoral and interdisciplinary approach. This article emphasizes the perspective of public health policies based on human rights, clarifies the relationship of public policies with the exercise of human rights, beyond the right to health. It recognizes the need to implement genuinely democratic and participatory mechanisms. It considers the universal declaration of human rights and other institutional expressions about the same as the international covenant on economic, social and cultural rights, discusses the ranking of the same and defend its entirety on the determinants of health through its cohesion and political factor. It defines a framework for public health and human rights that trend by strengthening social rights, as a new area of operation, based on public policies to address the determinants of health, upholding social justice, beyond the health field and the biological and behavioural risk factors to decisions arising from political power, exceeds medical solutions and access to health services. In conclusion, it promoting respect for human rights by greater understanding of them and strengthens the importance of indirect health policies (such as food, environment and health, violence gender) and the role of international policies in the global world.
Reiner, L; Sollom, R
This article briefly profiles four women physicians working for health and human rights around the world. Dr. Ruchama Marton, an Israeli psychiatrist and activist for peace in the Middle East, is a founder of Physicians for Human Rights/Israel. Dr. Jane Green Schaller is a US pediatrician whose 1985 trip to South Africa initiated her human rights involvement, which includes the founding of Physicians for Human Rights. Dr. Judith van Heerden, a primary care physician in South Africa, has worked for reform of prison health care, to establish hospice care, and, most recently, for acquired immune deficiency syndrome (AIDS) education for medical students. Dr. Ma Thida, the only physician not interviewed for this article, is currently held in a Burmese prison because of her work on behalf of the National League for Democracy. The profiles suggest the breadth of human rights work worldwide and are a testament to what physicians can do.
Bone, Melissa; Seddon, Toby
This paper explores the interplay between the human rights and drug control frameworks and critiques case law on medicinal cannabis use to demonstrate that a bona fide human rights perspective allows for a broader conception of 'health'. This broad conception, encompassing both medicalised and social constructionist definitions, can inform public health policies relating to medicinal cannabis use. The paper also demonstrates how a human rights lens can alleviate a core tension between the State and the individual within the drug policy field. The leading medicinal cannabis case in the UK highlights the judiciary's failure to engage with an individual's human right to health as they adopt an arbitrary, externalist view, focussing on the legality of cannabis to the exclusion of other concerns. Drawing on some international comparisons, the paper considers how a human rights perspective can lead to an approach to medicinal cannabis use which facilitates a holistic understanding of public health.
Bone, Melissa; Seddon, Toby
This paper explores the interplay between the human rights and drug control frameworks and critiques case law on medicinal cannabis use to demonstrate that a bona fide human rights perspective allows for a broader conception of ‘health’. This broad conception, encompassing both medicalised and social constructionist definitions, can inform public health policies relating to medicinal cannabis use. The paper also demonstrates how a human rights lens can alleviate a core tension between the State and the individual within the drug policy field. The leading medicinal cannabis case in the UK highlights the judiciary’s failure to engage with an individual’s human right to health as they adopt an arbitrary, externalist view, focussing on the legality of cannabis to the exclusion of other concerns. Drawing on some international comparisons, the paper considers how a human rights perspective can lead to an approach to medicinal cannabis use which facilitates a holistic understanding of public health. PMID:26692654
The European Convention on Human Rights has been incorporated into UK domestic law. It gives many rights to patients within the National Health Service (NHS). This article explores the concept of patients' right to privacy. It stresses that privacy is a basic human right, and that its respect by health professionals is vital for a patient's physical, mental, emotional and spiritual well-being. I argue that health professionals can violate patients' privacy in a variety of ways. For example: the right to enjoy their property; the right to protect their medical and personal information as confidential; the right to expect treatment with dignity during intimate care; and the right to control their personal space and territory. Some preliminary evidence indicates that many health care practitioners, including nurses, are presently unaware of the articles of the Convention and the implications of the Human Rights Act 1998. In order to prevent litigation for breaches of patients' privacy, it is advocated that universities and other educational institutions, the Government and NHS trusts should help to produce a clear educational strategy and protocols so that students and practitioners are well informed in this field. Although 41 European countries are presently the signatories of the European Convention on Human Rights, including the UK, it is important to stress that the principles discussed in this article are applicable world-wide.
Ngwena, Charles G; Brookman-Amissah, Eunice; Skuster, Patty
The African Commission on Human and Peoples' Rights recently adopted General Comment No 2 to interpret provisions of Article 14 of the Protocol to the African Charter on the Rights Women. The provisions relate to women's rights to fertility control, contraception, family planning, information and education, and abortion. The present article highlights the General Comment's potential to promote women's sexual and reproductive rights in multiple ways. The General Comment's human rights value goes beyond providing states with guidance for framing their domestic laws, practices, and policies to comply with treaty obligations. General Comment No 2 is invaluable in educating all stakeholders-including healthcare providers, lawyers, policymakers, and judicial officers at the domestic level-about pertinent jurisprudence. Civil society and human rights advocates can use the General Comment to render the state accountable for failure to implement its treaty obligations.
Sanders, Laura; Martinez, Ramiro; Harner, Margaret; Harner, Melanie; Horner, Pilar; Delva, Jorge
The purpose of this article is to discuss how a community agency based in Washtenaw County, the Washtenaw Interfaith Coalition for Immigration Rights (WICIR), emerged in response to increasing punitive immigration practices and human rights abuses toward the Latino community. The article discusses how WICIR is engaged in advocacy, community…
... world convened to adopt the Universal Declaration of Human Rights, rejecting the notion that individual... enshrined in the Universal Declaration of Human Rights. NOW, THEREFORE, I, BARACK OBAMA, President of the... day of December, in the year of our Lord two thousand thirteen, and of the Independence of the...
Murray, David A B
Currently, in a number of public and semi-public forums in Barbados, the idea of 'sexual rights' is being discussed and debated. However, different meanings are attached to 'rights'. This paper examines how these meanings demonstrate that different interpretations of sexuality, society, and morality are circulating through Barbados today. It also addresses whether or not sexual rights discourses are the best way to advocate for social justice or bring about changes to socio-sexual attitudes in the Caribbean. It is argued that framing justice and equality through rights talk may have deleterious effects for its advocates, as there is no 'clear' or transparent universality as to what rights means. It is suggested that it may be more efficacious for groups who are stigmatized based on sexual orientation to develop vernacular strategies with values and/or logics stressing elements of justice, equality, dignity and respect for personhood, which include but also move beyond sexual orientation as a principal identification.
Heisler, M; Rasekh, Z; Iacopino, V
Physicians for Human Rights (PHR) conducted a study in early 1998 to assess the health and human rights conditions of Afghan women and girls living under the Taliban regime in Kabul. This paper highlights the concerns and experiences of adolescent girls in Kabul, includes a brief overview of the political situation in Afghanistan and Taliban policies toward women and girls, and presents findings from interviews with adolescent girls and women with adolescent daughters. It concludes with a discussion of current international standards for the protection of women's and girls' rights and the crucial role of health professionals in helping defend these rights.
Spanier, Benny; Doron, Israel; Milman-Sivan, Faina
One of the most significant human rights tribunals in Europe is the European Court of Human Rights (ECtHR). Up to day, no study has attempted to explore the cases brought before the ECtHR that discuss and rule on issues concerning the rights of older persons. To descriptively analyze the ECtHR cases that deal with older persons and elder rights issues. Quantitative and descriptive analysis of 226 randomly selected publicly-open ECtHR cases dealing with elder-rights between the years 2000-2010. On average, 11.9 % of the ECtHR case load included rulings that concern older persons' rights. In the majority of the cases (91 %, 205 judgments), the ECtHR found a violation of at least one human right concerning older persons. Despite the fact that rights of older persons do not appear as such in the European Convention on Human Rights, older persons do find their way to the ECtHR.
Purpose Correctional healthcare should promote the protection of human rights. The purpose of this paper is to bring a discussion of human rights into debates on how such policy should be best organized. Design/methodology/approach The paper achieves its aim by providing an analysis of European prison law and policy in the area of prison health, through assessing decisions of the European Court of Human Rights, as well as policies created by the European Committee for the Prevention of Torture. Findings The paper describes the position of the European Court of Human Rights on the topics of access to healthcare, ill health and release from prison, mental illness in prison, and the duty to provide rehabilitative programming for those seeking to reduce their level of "risk." It also argues that human rights law can be a source of practical reform, and that legal frameworks have much to offer healthcare leaders seeking to uphold the dignity of those in their care. Originality/value This paper will provide a rare example of the engagement of human rights law with correctional health policy. It provides practical recommendations arising out of an analysis of European human rights law in the area of prisons.
Hall, Ralph P; Van Koppen, Barbara; Van Houweling, Emily
The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision--known as 'domestic-plus' services--the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas.
In his talk, Joint UN Program on HIV/AIDS team leader Dr. Wiwat Rojanapithayakorn made a plea for the careful monitoring of human rights with respect to the HIV/AIDS epidemic. Since the start of the HIV/AIDS pandemic, a total of 47 million people have been infected with HIV, 14 million have died of AIDS, with 33 million afflicted with the virus by the end of 1998. In the wake of this global crisis comes the widespread abuse of human rights and fundamental freedoms worldwide. Many HIV/AIDS patients suffer from discrimination, intolerance, and prejudice. Hence, protection of human rights is crucial to safeguard human dignity in the context of HIV/AIDS, and to warrant an effective public health and social responses to this epidemic. All states, regardless of their political, economic and cultural systems, have the obligation to promote and protect universal human rights standards and fundamental freedoms of all peoples.
This article argues that human rights education should become an integral part of general education. The author discusses efforts to realise this aim within the German general educational system. She pays special attention to three areas. First, at the theoretical level, she examines how human rights education can be conceptualised within the context of general education and against the background of globalisation and multiculturalism. Second, she examines the political and administrative level, including questions of curriculum. Thirdly, she looks at the didactical aspect of human rights education. In conclusion she points out some of the implications for teacher training.
Since Einstein first visited Shanghai on 1922, he was deeply and constantly concerned about the cases of injustice, suppression, and human rights abuses in China. The strong sense of social responsibility shown by Einstein is an illustrious role model for Chinese intellectual, especially physicists, who advocate the universal principle of human rights. I will briefly review this history. I will also briefly report what have been done and is doing by Chinese physicists in the long and difficult journey toward democracy and human rights of China.
In Asia, the lesbian and gay rights movements are clearly dominated by activists, who tend to think in terms of a binary opposition (homo- vs hetero-) and clear-cut categories. Based on "Western patterns," the approach is practical, the arguments based on minority rights. "Coming out" is often perceived as a "white model" bringing more problems than real freedom. On the contrary, "Asian values" put the emphasis on family and social harmony, often in contradiction to what is pictured as "lesbian and gay rights." Homophobia follows very subtle ways in Asian countries. Asian gays have to negotiate their freedom, lifestyle and identities in an atmosphere of heterosexism, and not the endemic violent homophobia prevalent in many western countries. In Asia, one's identity relates to one's position in the group and sexuality plays a relatively insignificant role in its cultural construction. That Asian gays often marry and have children shows the elasticity their sexual identity encompasses. Fluidity of sexuality does not really match the Western approach in terms of essentialist categories that have a right to exist. Most Asian societies can be thought of as "tolerant" as long as homosexuality remains invisible. Procreative sexuality can be seen as a social duty, and heterosexual marriage is often not considered incompatible with a "homosexual life." The development of the Internet has even facilitated the encounters while allowing secrecy. Unfortunately, the traditional figures of transgender and transvestites have often been separated from the gay liberation movement.
Sugar, William A.
This paper presents a potential solution to encourage technology adoption and integration within schools by proposing a human-centered technology "bill of rights" for educators. The intention of this bill of rights it to influence educators' beliefs towards technology and to enable educators to confront with confidence the seemingly…
Andersen, Susan M.; Kooij, Christina S.
In this article, we argue that adult literacy as part of international development is an issue of both human rights and women's rights. We explore this by presenting a case study of the effects of one innovative adult literacy program in Afghanistan that places men and women, as well as various ethnicities, together in the same classroom as…
Agbaria, Ayman K.; Katz-Pade, Revital
This article examines the involvement of civil society organizations in human rights education (HRE) in Israel. Focussing on the educational programs of the Association for Civil Rights in Israel (ACRI), as a qualitative instrumental case study, this article examines the conceptions of good citizenship embedded in these programs. Specifically, the…
Bennett, A. LeRoy
This paper discusses ways in which international organizations have in the past and can continue in the future to foster social, economic, and cultural rights on a global scale. Involvement of international organizations such as the United Nations in the realm of human rights expanded after the second world war. Examples of contributions to the…
Dotson, Betty Lou
Describes the objectives and activities of the Department of Health and Human Services' Office of Civil Rights (OCR) within the purview of the Reagan administration's civil rights policy. Describes OCR methodologies designed to ensure enforcement of nondiscrimination requirements in state implementation of programs under federal block grants. (MJL)
Osler, Audrey; Zhu, Juanjuan
Throughout history individual and collective narratives have been used in struggles for justice. We draw on Sen's theory of justice to examine the potential of narratives in teaching and researching for social justice. Human rights are presented as powerful ethical claims that can be critically examined by learners to consider their rights and…
The Human Rights Act 1998 is the most significant British statute to have been passed in the last decade. It has already been the catalyst for a series of high profile cases, ranging from the privacy rights of celebrities ("Douglas v Hello!"  QB 967) to the Home Secretary's sentencing powers in murder cases ("R (Anderson) v…
Yamin, Alicia Ely
Alicia Yamin argues that applying human rights frameworks and approaches to maternal health offers strategies and tools to address the root causes of maternal morbidity and mortality within and beyond health systems, in addition to addressing other violations of women's sexual and reproductive health and rights. Please see later in the article for the Editors' Summary.
Hill, Wilhelmina; Mackintosh, Helen K.
This particular bulletin is concerned with the concept of human rights, and the interpretation of some of these rights in the classroom, in the school, at home, and in the community. Although the discussion is directed toward the classroom teacher primarily, principals, supervisors, administrators, and parents who want children to succeed in all…
Miller, Alice M; Kismödi, Eszter; Cottingham, Jane; Gruskin, Sofia
This Guide seeks to provide insight and resources to actors interested in the development of rights claims around sexuality and sexual health. After engaging with the vexed question of the scope of sexual rights, it explores the rules and principles governing the way in which human rights claims are developed and applied to sexuality and sexual health, and how that development is linked to law and made a matter of state obligation. This understanding is critical to policy and programming in sexual health and rights, as it supports calling on the relevant range of human rights, such as privacy, non-discrimination, health or other universally accepted human rights, as well as demanding the action of states under their international and national law obligations to support sexual health.
Gruskin, Sofia; Ferguson, Laura; Tarantola, Daniel; Beaglehole, Robert
Noncommunicable diseases (NCDs) have finally emerged onto the global health and development agenda. Despite the increasingly important role human rights play in other areas of global health, their contribution to NCD prevention and control remains nascent. The recently adopted Global Action Plan for the Prevention and Control of NCDs 2013-2020 is an important step forward, but the lack of concrete attention to human rights is a missed opportunity. With practical implications for policy development, priority setting, and strategic design, human rights offer a logical, robust set of norms and standards; define the legal obligations of governments; and provide accountability mechanisms that can be used to enhance current approaches to NCD prevention and control. Harnessing the power of human rights can strengthen action for NCDs at the local, national, and global levels.
This article is part of a working project which assesses Ontario's mental health legislation and practice vis-à-vis international human rights standards. The paper focuses on procedural safeguards provided by the major international human rights instruments in the field of mental health law such as the UN Principles for the Protection of Persons with Mental Illness (MI Principles) and the European Convention on Human Rights as interpreted by the European Human Rights Court. In analysing Ontario's compliance with international standards, the paper will explore some problems arising from the implementation of the legislation with which the author is familiar with from his experience as counsel for the Consent and Capacity Board. The paper aims to generate discussion for potential reforms in domestic legal systems and to provide a methodology to be used as a tool to assess similar mental health legislation in other local contexts.
achievements. Political, economic and psychological considerations overshadow military ones. Arms control is one approach to managing this potential for...York Times , December 4, 1978, pp. Al, DII; Christoph Bertram, "Arms Control and Technological Change," Adelphi Papers Number 146; Edgar Ulsmer...He concludes that a concern forhuman rights is a vital component of the long-term solution to the problem which SALT seeks to manage in the short term
Gruskin, Sofia; Mills, Edward J; Tarantola, Daniel
Individuals and populations suffer violations of their rights that affect health and wellbeing. Health professionals have a part to play in reduction and prevention of these violations and ensuring that health-related policies and practices promote rights. This needs efforts in terms of advocacy, application of legal standards, and public-health programming. We discuss the changing views of human rights in the context of the HIV/AIDS epidemic and propose further development of the right to health by increased practice, evidence, and action.
Chen, Feng; Neill, Daniel B
Human rights organizations are increasingly monitoring social media for identification, verification, and documentation of human rights violations. Since manual extraction of events from the massive amount of online social network data is difficult and time-consuming, we propose an approach for automated, large-scale discovery and analysis of human rights-related events. We apply our recently developed Non-Parametric Heterogeneous Graph Scan (NPHGS), which models social media data such as Twitter as a heterogeneous network (with multiple different node types, features, and relationships) and detects emerging patterns in the network, to identify and characterize human rights events. NPHGS efficiently maximizes a nonparametric scan statistic (an aggregate measure of anomalousness) over connected subgraphs of the heterogeneous network to identify the most anomalous network clusters. It summarizes each event with information such as type of event, geographical locations, time, and participants, and provides documentation such as links to videos and news reports. Building on our previous work that demonstrates the utility of NPHGS for civil unrest prediction and rare disease outbreak detection, we present an analysis of human rights events detected by NPHGS using two years of Twitter data from Mexico. NPHGS was able to accurately detect relevant clusters of human rights-related tweets prior to international news sources, and in some cases, prior to local news reports. Analysis of social media using NPHGS could enhance the information-gathering missions of human rights organizations by pinpointing specific abuses, revealing events and details that may be blocked from traditional media sources, and providing evidence of emerging patterns of human rights violations. This could lead to more timely, targeted, and effective advocacy, as well as other potential interventions.
Education International, Brussels (Belgium).
This report focuses on the extent to which the right to education is available to children, young people, and adults and the extent to which educators enjoy fundamental human and trade union rights set out in the major international deliberations and conventions. The report seeks to acknowledge the contributions of teachers and education support…
This paper responds to an invitation by the editors to consider whether the intellectual property (IP) regime suggests an appropriate model for protecting interests in detached human body parts. It begins by outlining the extent of existing IP protection for body parts in Europe, and the relevant strengths and weaknesses of the patent system in that regard. It then considers two further species of IP right of less obvious relevance. The first are the statutory rights of ownership conferred by domestic UK law in respect of employee inventions, and the second are the economic and moral rights recognised by European and international law in respect of authorial works. In the argument made, both of these species of IP right may suggest more appropriate models of sui generis protection for detached human body parts than patent rights because of their capacity better to accommodate the relevant public and private interests in respect of the same.
Harris, Theresa L; Wyndham, Jessica M
A human-rights-based analysis can be a useful tool for the scientific community and policy makers as they develop codes of conduct, harmonized standards, and national policies for data sharing. The human rights framework provides a shared set of values and norms across borders, defines rights and responsibilities of various actors involved in data sharing, addresses the potential harms as well as the benefits of data sharing, and offers a framework for balancing competing values. The right to enjoy the benefits of scientific progress and its applications offers a particularly helpful lens through which to view data as both a tool of scientific inquiry to which access is vital and as a product of science from which everyone should benefit.
Baker, Dana Lee
In issue definition in rights-based policy Canada stereotypically embraces a more positive, human rights-centered approach as compared with the American stereotype associated with the USA's more presumptively negative, civil rights-based tack. Since exclusionary infrastructures violate the core values of democratic governance, a failure to address…
Patterson, David; London, Leslie
This article explores the relevance of international human rights law in the response to the HIV/AIDS epidemic at national and international levels. Public health advocates can use arguments based on this body of law to promote responses to HIV/AIDS that reflect sound public health principles and documented best practice. Development assistance is increasingly linked to rights-based approaches, such as participatory processes, and strategic alliances between health professionals, organizations of people living with HIV/AIDS, and affected communities. Legal and human rights advocacy strategies are increasingly productive and necessary. PMID:12571725
Authors such as Francis Fukuyama, the President's Council on Bioethics, and George Annas have argued that biotechnological interventions that aim to promote genetic enhancement pose a threat to human nature. This paper clarifies what conclusions these critics seek to establish, and then shows that there is no plausible account of human nature that will meet the conditions necessary to support this position. Appeals to human nature cannot establish a prohibition against the pursuit of genetic enhancement.
Carl Cohen's arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one's peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations elsewhere. I note that some other philosophers' arguments are subject to similar objections.
Rep. Lowenthal, Alan S. [D-CA-47
01/10/2014 Referred to the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:
Lie, Reidar K
Background There has been an increased interest in the role of a human rights framework to mobilize resources for health. Discussion This paper argues that the human rights framework does provide us with an appropriate understanding of what values should guide a nation's health policy, and a potentially powerful means of moving the health agenda forward. It also, however, argues that appeals to human rights may not necessarily be effective at mobilizing resources for specific health problems one might want to do something about. Specifically, it is not possible to argue that a particular allocation of scarce health care resources should be changed to a different allocation, benefiting other groups. Lack of access to health care services by some people only shows that something has to be done, but not what should be done. Summary The somewhat weak claim identified above together with the obligation to realize progressively a right to health can be used to mobilize resources for health. PMID:15473899
Lie, Reidar K
BACKGROUND: There has been an increased interest in the role of a human rights framework to mobilize resources for health. DISCUSSION: This paper argues that the human rights framework does provide us with an appropriate understanding of what values should guide a nation's health policy, and a potentially powerful means of moving the health agenda forward. It also, however, argues that appeals to human rights may not necessarily be effective at mobilizing resources for specific health problems one might want to do something about. Specifically, it is not possible to argue that a particular allocation of scarce health care resources should be changed to a different allocation, benefiting other groups. Lack of access to health care services by some people only shows that something has to be done, but not what should be done. SUMMARY: The somewhat weak claim identified above together with the obligation to realize progressively a right to health can be used to mobilize resources for health.
Crépeau, François; Nakache, Delphine; Atak, Idil
Over the last two decades, the reinforcement of security-related migration policies has resulted in the perception of the foreigner, and especially the irregular migrant, as a category outside the circle of legality. The rights of foreigners in host countries have deteriorated due to the connection made between immigration and criminality. Restrictions imposed upon irregular migrants' basic political and civil rights have been accompanied by major obstacles to their access to economic and social rights, including the right to health. The events of 9/11 further contributed to this trend, which contradicts the basic premises of the human rights paradigm. Recent policy developments and ongoing international cooperation implementing systematic interception and interdiction mechanisms have led to the securitization of migration. The preventive and deterrent measures reinforce the security paradigm. By contrast, various national and international actors have been successful in defending irregular migrants' rights. At the domestic level, the involvement of the judiciary and civil society enhances the rights-based approach to foreigners. The role of judges is vital in holding policy-makers accountable for respecting the high national standards of human rights protection. This article elaborates on the dichotomy between the state's legitimate interest to ensure national security, and its domestic and international obligations to protect human rights for all, including irregular migrants. It focuses on the changing relationship between migration and security, on the one hand, and between state and individual, on the other hand. It affirms the necessity to recognize the pre-eminence of fundamental rights upon security concerns.
Salcito, Kendyl; Utzinger, Jürg; Weiss, Mitchell G.; Münch, Anna K.; Singer, Burton H.; Krieger, Gary R.; Wielga, Mark
Human rights impact assessment (HRIA) is a process for systematically identifying, predicting and responding to the potential impact on human rights of a business operation, capital project, government policy or trade agreement. Traditionally, it has been conducted as a desktop exercise to predict the effects of trade agreements and government policies on individuals and communities. In line with a growing call for multinational corporations to ensure they do not violate human rights in their activities, HRIA is increasingly incorporated into the standard suite of corporate development project impact assessments. In this context, the policy world's non-structured, desk-based approaches to HRIA are insufficient. Although a number of corporations have commissioned and conducted HRIA, no broadly accepted and validated assessment tool is currently available. The lack of standardisation has complicated efforts to evaluate the effectiveness of HRIA as a risk mitigation tool, and has caused confusion in the corporate world regarding company duties. Hence, clarification is needed. The objectives of this paper are (i) to describe an HRIA methodology, (ii) to provide a rationale for its components and design, and (iii) to illustrate implementation of HRIA using the methodology in two selected corporate development projects—a uranium mine in Malawi and a tree farm in Tanzania. We found that as a prognostic tool, HRIA could examine potential positive and negative human rights impacts and provide effective recommendations for mitigation. However, longer-term monitoring revealed that recommendations were unevenly implemented, dependent on market conditions and personnel movements. This instability in the approach to human rights suggests a need for on-going monitoring and surveillance. -- Highlights: • We developed a novel methodology for corporate human rights impact assessment. • We piloted the methodology on two corporate projects—a mine and a plantation. • Human
Vranes, Aleksandra Jovic; Mikanovic, Vesna Bjegovic; Vukovic, Dejana; Djikanovic, Bosiljka; Babic, Momcilo
Ensuring and enforcing human rights in patient care are important to promote health and to provide quality and appropriate healthcare services. Therefore, continued medical education (CME) is essential for healthcare professionals to utilize their sphere of influence to affect change in healthcare practice. A total of 123 participants attended three CME courses. Course topics covered: (i) the areas of human rights and healthcare, (ii) rights, obligations and responsibilities of healthcare professionals in relation to human rights and the rights of patients, (iii) healthcare of vulnerable groups and (iv) access to essential medical services. Evaluation of the CME courses involved two components: evaluation of participants' performance and the participants' evaluation of the teaching process. The participants were assessed at the beginning and end of each course. Each of the courses was evaluated by the participants through a questionnaire distributed at the end of each course. Descriptive statistics was used for data interpretation. Knowledge of the healthcare professionals improved at the end of all the three courses. The participants assessed several aspects of the courses, including the course topics, educational methods, the course methods, organization, duration and dynamics as well as the physical environment and the technical facilities of the course, and rated each very highly. Our results corroborate the importance and necessity of courses to heighten awareness of the state of current healthcare and human rights issues to increase the involvement of healthcare professionals both locally and globally.
The field of health and human rights has grown quickly, but its boundaries have yet to be traced. Fifty-one years after the Universal Declaration of Human Rights, consensus regarding the most promising directions for the future is lacking; however, outcome-oriented assessments lead us to question approaches that rely solely on recourse to formal legal and civil rights. Similarly unpromising are approaches that rely overmuch on appeals to governments: careful study reveals that state power has been responsible for most human rights violations and that most violations are embedded in "structural violence"--social and economic inequities that determine who will be at risk for assaults and who will be shielded. This article advances an agenda for research and action grounded in the struggle for social and economic rights, an agenda suited to public health and medicine, whose central contributions to future progress in human rights will be linked to the equitable distribution of the fruits of scientific advancement. Such an approach is in keeping with the Universal Declaration but runs counter to several of the reigning ideologies of public health, including those favoring efficacy over equity. PMID:10511828
Ercevik Amado, Liz
A regional workshop on sexual and bodily rights as human rights in the Middle East and North Africa was held in Malta in 2003, attended by 22 NGO representatives from Jordan, Egypt, Lebanon, Palestine, Tunisia, Morocco, Algeria, Turkey, Pakistan and USA. The meeting aimed to develop strategies for overcoming human rights violations in the region with reference to law and social and political practices. Session topics included sexuality and gender identity; sexuality and sexual health; sexuality and comparative penal law; sexual rights in international documents; advocacy and lobbying. Sexual rights, sexual health and education, sexual violence and adolescent sexuality were explored in depth, including taboos and emerging trends. Specific areas of concern included marital rape, early marriages, temporary marriages, sexual orientation, premarital and extramarital sexuality, honour crimes, female genital mutilation, unmarried mothers, adolescent sexuality, unwanted pregnancies and safe abortion, sexuality in education and health services. An analysis of civil codes, penal codes and personal status codes indicated a clear imperative for legal reform. Participants heard about efforts to promote the right to sexual orientation which have already been initiated in Lebanon, Turkey and Tunisia. Networking within the region and with counterparts in other regions in comparable situations and conditions was deemed essential.
The objective and unbiased statement is much valued in international work against human rights abuses. Pathologists play an increasingly important role. In this article, this role is illustrated by examples and the international set of rules is described. It is emphasised that under no circumstances should physicians assist in procedures, such as torture, which can weaken a human being. There is ongoing research into the sequelae of torture, both by gross and microscopic examination and in the living and dead victims. Key Words: torture • human rights • death in custody PMID:11002757
Husser, Michael D.
This lesson plan on human rights uses the Specially Designed Academic Instruction in English (SDAIE) methodology used in California to teach academic content to intermediate, threshold level limited-English-proficient (LEP) students. It sets forth three educational goals for students to reach; asks students to examine definitions of human rights…
Charny, Israel W.
Argues for a more humanistic definition of genocide; one that includes the intentional murder of a group of human beings on the basis of any shared identity. Identifies the Holocaust as the world's major genocidal event but urges recognition of the Armenian, Cambodian, and similar tragedies. Proposes an early-warning organization to monitor and…
Diniz, Debora; Gumieri, Sinara; Bevilacqua, Beatriz Galli; Cook, Rebecca J; Dickens, Bernard M
The February 2016 WHO declaration that congenital Zika virus syndrome constitutes a Public Health Emergency of International Concern reacted to the outbreak of the syndrome in Brazil. Public health emergencies can justify a spectrum of human rights responses, but in Brazil, the emergency exposed prevailing inequities in the national healthcare system. The government's urging to contain the syndrome, which is associated with microcephaly among newborns, is confounded by lack of reproductive health services. Women with low incomes in particular have little access to such health services. The emergency also illuminates the harm of restrictive abortion legislation, and the potential violation of human rights regarding women's health and under the UN Conventions on the Rights of the Child and on the Rights of Persons with Disabilities. Suggestions have been proposed by which the government can remedy the widespread healthcare inequities among the national population that are instructive for other countries where congenital Zika virus syndrome is prevalent.
This article considers the impact of the European Convention on Human Rights and Fundamental Freedoms (ECHR), both in its own right since the 1950s, and in conjunction with the Human Rights Act 1998 (HRA) when this brought these rights home by incorporating them into the domestic law of the UK thus enabling our judiciary to give effect to them directly. The ECHR and the HRA say very little, if anything, expressly about health or health care, but have been relied on by litigants in a wide range of contexts, including but not limited to, assisted reproduction, abortion, access to treatment, management of health records, end of life issues and the investigation of potentially negligent or criminal conduct by professionals.
Birgden, Astrid; Cucolo, Heather
Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community-offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.
Shiman, David A.
This curriculum guide incorporates three dimensions of human rights education: teaching about human rights, teaching against human rights violations, and teaching for the creation of a world in which all human beings are treated with justice and dignity. The book is based upon the United Nations' Universal Declaration of Human Rights (UDHR).…
Leila Srour, M; Marck, Klaas W; Baratti-Mayer, Denise
Noma, an orofacial gangrene and opportunistic infection, affects primarily malnourished children living in extreme poverty. Neglected, forgotten, unknown by most health workers, noma results in death, disfigurement and disability of some of the world's most vulnerable children. Noma is a biological indicator of multiple human rights violations, including the right to food. International support and national attention in countries with noma are lacking. The end of neglect of noma can lead to the elimination of this horrific childhood disease.
Persaud, A; Hewitt, D
The introduction of the European Convention on Human Rights into UK law will have a direct effect on practice in mental health care. The authors discuss developments associated with the Convention, examine different articles and suggest the changes they could bring. They suggest that, rather than reacting to the development of convention rights, healthcare professionals should take the opportunity to influence new standards for psychiatric care.
Erdman, Joanna N
The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends.
Bishop, Cheryl Ann
Currently there exists a global movement promoting institutional transparency and freedom of information legislation. Conceptualizing access to government-held information as a human right is one of the latest developments in this global trend promoting access to information. The purpose of this dissertation is to identify and analyze the various…
There are no official data, but it is estimated that four million adults in Germany have little or no reading, writing and numeracy skills, so that they are known as "functionally illiterate". This is a fact which was long ignored. In this contribution, literacy activities and research in Germany are analysed through a human rights-based…
This article explores some of the tensions that are created from the entanglement of religion and human rights and offers a possible response to these tensions in the context of religious education in conflict-troubled societies. It is suggested that a historicised and politicised approach in religious education in conjunction with human rights…
Bioethics can be interpreted as a critical reflection on life and health, a new way to make decisions in these fields, a social reform movement, and an academic discipline. In any case, Bioethics implies an interdisciplinary and intercultural dialogue. At the same time, human rights, as universal moral guidelines, provide a plausible basis for this intercultural dialogue, for they enable the identification of a core of transcultural values that can work as "moral minima" in the dialogue among different cultures and the search for international consensuses. This article sets forth the triple connection (historical-genealogical, conceptual and practical) between bioethics and human rights, and reflects on some of the conditions that should be taken into account for bioethics to be involved in the human rights culture.
Weinstein, H M; Fletcher, L E; Stover, E
This paper describes the results of an investigation into how the December, 2004 tsunami and its aftermath affected the human rights of the survivors. Teams of researchers interviewed survivors, government officials, representatives of international and local nongovernmental organisations, UN officials, the military, police, and other key informants in India, Sri Lanka, the Maldives, Indonesia, and Thailand. We also analysed newspaper articles, reports released by governments, UN agencies, NGOs, and private humanitarian aid groups, and we examined the laws and policies related to survivors' welfare in the affected countries. We found worsening of prior human rights violations, inequities in aid distribution, lack of accountability and impunity, poor coordination of aid, lack of community participation in reconstruction, including coastal redevelopment. Corruption and preexisting conflict negatively impact humanitarian interventions. We make recommendations to international agencies, states, and local health service providers. A human rights framework offers significant protection to survivors and should play a critical role in disaster response.
Singh, Sonal; Dahal, Khagendra; Mills, Edward
Nepal has witnessed serious human rights violations including arbitrary arrests, detentions, "disappearances", extra judicial executions, abductions and torture carried out by both the Royal Nepalese Army and the Maoist rebels in the 10 years of the "peoples war". Women and children have borne the brunt of the conflict. Massive displacement has led to adverse social and psychological consequences. While the reasons for the conflict are mainly indigenous and rooted in the social and economic in-equities, remedies for health inequities must come not only from the health sector but also from broad social policies and adopting a participatory and conflict-sensitive approach to development. Meanwhile the international community needs to use its leverage to urge both sides to accept a human rights accord and honor international human rights and humanitarian laws, while investigating allegations of abuse and prosecute those responsible. PMID:15985165
Erdman, Joanna N; DePiñeres, Teresa; Kismödi, Eszter
Since its first publication in 2003, the World Health Organization's "Safe abortion: technical and policy guidance for health systems" has had an influence on abortion policy, law, and practice worldwide. To reflect significant developments in the clinical, service delivery, and human rights aspects of abortion care, the Guidance was updated in 2012. This article reviews select recommendations of the updated Guidance, highlighting 3 key themes that run throughout its chapters: evidence-based practice and assessment, human rights standards, and a pragmatic orientation to safe and accessible abortion care. These themes not only connect the chapters into a coherent whole. They reflect the research and advocacy efforts of a growing field in women's health and human rights.
Amon, Joseph J; Buchanan, Jane; Cohen, Jane; Kippenberg, Juliane
The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm.
Amon, Joseph J.; Buchanan, Jane; Cohen, Jane; Kippenberg, Juliane
The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour was adopted by the International Labour Organization in 1999. 174 countries around the world have signed or ratified the convention, which requires countries to adopt laws and implement programs to prohibit and eliminate child labor that poses harms to health or safety. Nonetheless, child labor continues to be common in the agriculture and mining sectors, where safety and environmental hazards pose significant risks. Drawing upon recent human rights investigations of child labor in tobacco farming in Kazakhstan and gold mining in Mali, the role of international human rights mechanisms, advocacy with government and private sector officials, and media attention in reducing harmful environmental exposures of child workers is discussed. Human rights-based advocacy in both cases was important to raise attention and help ensure that children are protected from harm. PMID:23316246
Benatar, S R
Widening disparities in health and human rights at a global level represent the dark side of progress associated with escalation of economic and military exploitation and exponential population growth in the 20th century. Even the most basic universal human rights cannot be achieved for all under these circumstances. The goal of improved population health will be similarly elusive while medical care is commodified and exploited for commercial gain in the marketplace. Recognition of the powerful forces that polarize our world and commitment to reversing them are essential for the achievement of human rights for all, for the improvement of public health, and for the peaceful progress required to protect the "rational self-interest" of the most privileged people on earth against the escalation of war, disease, and other destructive forces arising from widespread poverty and ecological degradation. PMID:9491027
In many countries, HIV prevalence among people who use illicit drugs is high. Yet many governments resist implementing effective HIV prevention measures, and drug users often lack access to care, treatment, and support, including for HIV/AIDS. Growing evidence indicates the dominant prohibitionist approach to illicit drugs is ineffective--and even counterproductive, blocking or undermining measures shown to reduce harms to drug users and to communities affected by open drug scenes. The growing debate over global drug control policy could shift us collectively away from the current, failed prescriptions to a more rational, pragmatic, and health-promoting framework of harm reduction. This article by Richard Elliott is an abridged version of a paper prepared for "Human Rights at the Margins: HIV/AIDS, Prisoners, Drug Users and the Law," a satellite meeting held in Bangkok on 9 July 2004, and organized by the Canadian HIV/AIDS Legal Network and the Lawyers Collective HIV/AIDS Unit (India). The article briefly outlines the impact of these two different policy approaches, examines international law on drug control, discusses how harm reduction reflects a human rights-based approach to drugs, and assesses some strategies for reforming global policy on illicit drugs.
Chu, Sandra Ka Hon
On 4 January 2008, the European Court of Human Rights declared inadmissible an application from prisoner John Shelley alleging a violation of his rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention).
Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O
The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes.
The most pervasive form of human rights abuse is violence against women. This violence includes domestic violence, sexual abuse, rape, forced prostitution, female genital mutilation, and murder. It cuts across socioeconomic lines and is so deeply embedded in tradition that millions of women consider violence their lot in life, yet international efforts to combat violence against women are currently in a fledgling state. Most women experience violence in their homes, and as many as 20% of women worldwide have been raped (most know their attacker). More than half of all sexual assaults target girls aged 15 years and younger, and armies continue to use rape as a weapon of war. The female infanticide and sex selective abortions that are caused by son preference have led to imbalances in sex ratios characterized by millions of females "missing" from populations in Asia, China, and north Africa. India is the site of an estimated 5000 dowry-related deaths each year, and an estimated 130 million women worldwide have undergone female genital mutilation with two million more at risk each year. In response to this problem, more than 160 countries have ratified the UN's Convention on the Elimination of All Forms of Violence Against Women, and many countries have included provisions to protect women against violence in their constitutions and criminal codes. Only 44 countries specifically protect women against domestic violence, however, and only 17 countries consider marital rape a crime (12 countries in Latin America excuse a rapist from prosecution if he marries his victim). The US has worked to place women's rights on the human rights agenda by increasing monitoring of women's human rights abuses, supporting national efforts to revise legislation, supporting campaigns to help women reduce their dependency on men and understand their rights, and equating women's rights with human rights.
policies of the CF in five areas--including sexual orientation --and gave rise to legal challenges under provisions of the Canadian Human Rights Act and...the Charter of Rights and Freedoms. Sexual orientation policy was challenged under Section 15 (Equality Rights) of the Charter. Extensive review and...five to eight years. They are primarily centered on the specific topic of sexual orientation research, policy and regulations. This report is limited
Lesbian and bisexual women's sexual health is neglected in much Government policy and practice in England and Wales. This paper examines lesbian and bisexual women's negotiation of sexual health, drawing on findings from a small research project. Themes explored include invisibility and lack of information, influences on decision-making and sexual activities and experiences of services and barriers to sexual healthcare. Key issues of importance in this respect are homophobic and heterosexist social contexts. Drawing on understandings of lesbian, gay and bisexual human rights, sexual rights and sexual citizenship, it is argued that these are useful lenses through which to examine and address lesbian and bisexual women's sexual health and related inequalities.
de Wet, Annamagriet; Roux, Cornelia; Simmonds, Shan; ter Avest, Ina
Human rights play a vital role in citizens' political, religious and cultural life (Wang 2002, 171). Due to the prominence of human rights in the everyday life of citizens, including those of South Africa, human rights education has been included in many school curricula. Human rights education aims to develop responsible citizens who "inter…
McPherson, Jane; Abell, Neil
Objectives: Advancing human rights is a core competency of U.S. social work education; yet, human rights attitudes and behaviors have never been measured in the social work literature. Thus, this article describes the development and initial validation of two scales, Human Rights Engagement in Social Work (HRESW) and Human Rights Exposure in…
Developing an understanding about human rights documents, and an awareness of human rights institutions and mechanisms of protection have become especially significant in the 21st century. Several classroom strategies have hitherto been employed to practice and experience human rights behaviour. Usually topics on human rights is introduced through…
McPherson, Jane; Cheatham, Leah P.
This article describes the integration of human rights content and a national arts-activism initiative--One Million Bones--into a bachelor's-level macro practice class as a human rights teaching strategy. Two previously validated scales, the Human Rights Exposure (HRX) in Social Work and the Human Rights Engagement (HRE) in Social Work (McPherson…
Murrow, Gail B; Murrow, Richard
Dehumanization is anecdotally and historically associated with reduced empathy for the pain of dehumanized individuals and groups and with psychological and legal denial of their human rights and extreme violence against them. We hypothesize that 'empathy' for the pain and suffering of dehumanized social groups is automatically reduced because, as the research we review suggests, an individual's neural mechanisms of pain empathy best respond to (or produce empathy for) the pain of people whom the individual automatically or implicitly associates with her or his own species. This theory has implications for the philosophical conception of 'human' and of 'legal personhood' in human rights jurisprudence. It further has implications for First Amendment free speech jurisprudence, including the doctrine of 'corporate personhood' and consideration of the potential harm caused by dehumanizing hate speech. We suggest that the new, social neuroscience of empathy provides evidence that both the vagaries of the legal definition or legal fiction of 'personhood' and hate speech that explicitly and implicitly dehumanizes may (in their respective capacities to artificially humanize or dehumanize) manipulate the neural mechanisms of pain empathy in ways that could pose more of a true threat to human rights and rights-based democracy than previously appreciated.
Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly ‘liberal’. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. PMID:26546800
Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach.
Crowson, H Michael; DeBacker, Teresa K
Many people believe that an informed and thoughtful citizenry is essential to the maintenance of democratic ideals within the United States and the spread of those ideals abroad. Since the September 11, 2001, terrorist attacks, the evidence that Americans consider issues of human dignity and rights when making judgments about the U.S. government's war on terror has been mixed. In our study, we assessed the relative contributions of ideological, belief, and cognitive-motivational factors to the prediction of human rights and civil liberties attitudes. Individuals scoring high on measures of right-wing authoritarianism (RWA) and the belief that the structure of knowledge is simple were the most likely to support restrictions on human rights and civil liberties as part of the war on terror. In a subsequent regression analysis, individuals scoring higher on personal need for structure or exhibiting lower levels of epistemological belief complexity tended to score higher on RWA. Additionally, men were generally more likely to support restrictions on rights and liberties and to score higher on RWA than were women.
de Oliveira, Aline Albuquerque S
This article aims to explore the increasing interconnection between bioethics and human rights that can be observed in recent international norms relating to biomedicine. To this end, the analysis has been focused on the Universal Declaration on Bioethics and Human Rights (UDBHR) adopted by UNESCO in 2005. Investigating the meanings of the intersection perceived in the UDBHR has led to the understanding of how bioethics and human rights are in accordance, under the normative perspective. Hence, in normative terms, the intersection between bioethics and human rights is clearly undisputable. However, there is no way to affirm that it is consolidated, as UDBHR's adoption is recent and its consolidation, together with its precepts, depends on state and non-state agents. The efficacy of a norm and its content depends on social, cultural and economic conditions, that is, it depends on a series of factors that influence the normative system. In the case of the UDBHR, its effective application and assimilation of its principles are directly linked to the use that bioethical institutions make of them and to how the community of bioethicists will project them in their thoughts and theory production. If, on the one hand UDBHR symbolizes the intersection confirmation--which is of extreme importance for its consolidation--on the other hand its range and consequent stabilization are submitted to the actions from governments, social institutions and bioethicists. Hence, there is still a lot to do in terms of introducing the human rights precepts into bioethics. The aim of this paper is to contribute to this goal. Thus based on the meanings of the intersection between bioethics and human rights identified in the UDBHR, this article presents five ways to understand the connection between these two fields.
Two decades ago, Lawrence Gostin and Jonathan Mann developed a methodology for human rights impact assessment (HRIA) of proposed public health policies. This article looks back over the last 20 years to examine the development of HRIA in the health field and consider the progress that has been made since Gostin and Mann published their pioneering article. Health-related HRIA has advanced substantially in three ways. First, the content of the right to health has been delineated in greater detail through domestic and international laws and policies. Second, the UN human rights mechanisms have recommended that governments undertake HRIAs and have issued guidelines and methodologies for doing so. Third, nongovernmental organizations and international organizations have developed HRIA tools and carried out case studies to demonstrate their feasibility. In this light, the article concludes by recognizing the substantial progress that has been made in HRIA over the last 20 years and by considering some challenges that remain for health-related HRIA.
At present in the UK, when there is conflict of opinion between relatives and health care professionals regarding the treatment of incompetent patients, the courts generally support the latter over the former. This article examines the potential impact of the Human Rights Act 1998, which incorporates the European Convention on Human Rights into UK law, on this position. The possibility of challenges by relatives to disputed decisions on the grounds of Articles 2,3,8 and 14 is examined in the light of relevant Convention jurisprudence. It concludes that the Act will not necessarily result in relatives' views taking priority over doctors', given that the domestic test of the patient's best interests may not infringe the Convention. However, more account will have to be taken of relatives' views given the requirement for the courts to adopt a rights based analysis and to take a more pro-active role in scrutinising medical decision making.
This article considers current practice in the treatment of HIV positive prisoners, in light of the rights contained in the Human Rights Act, and of international standards. In particular, the article considers the current practice of the prison service in relation to measures to prevent the spread of HIV, including the provision of condoms, and needle exchange programmes, and considers the extent of positive obligations on the prison service to take such preventative measures. The adequacy of medical care available to HIV positive prisoners, and the obligations on the prison service in relation to medical confidentiality, are also examined. The author assesses the possibilities for legal challenges under the Human Rights Act, and suggests that the Convention may be a useful tool for policy development in this area.
Curren, Meredith S; Davis, Karelyn; Van Oostdam, Jay
Human biomonitoring studies in the Canadian Arctic have measured a wide range of metals and persistent organic pollutants in Aboriginal and non-Aboriginal mothers during two time periods in the Northwest Territories and Nunavut. This analysis provides preliminary estimates on sample sizes and sampling frequencies required to measure significant changes in maternal blood concentrations for PCB 153 and total mercury. For example, sample sizes of 35-40 mothers permit the detection of a 40% decrease in these chemical concentrations between two groups (e.g. communities or regions). Improvements in method sensitivity can be achieved by on-going sampling over multiple time periods (e.g. 4 or 5) in these regions, or increasing sample sizes.
Ravel, A; Greig, J; Tinga, C; Todd, E; Campbell, G; Cassidy, M; Marshall, B; Pollari, F
Human illness attribution has been recently recognized as an important tool to better inform food safety decisions. Analysis of outbreak data sets has been used for that purpose. This study was conducted to explore the usefulness of three comprehensive Canadian foodborne outbreak data sets covering 30 years for estimating food attribution in cases of gastrointestinal illness, providing Canadian food attribution estimates from a historical perspective. Information concerning the microbiological etiology and food vehicles recorded for each outbreak was standardized between the data sets. The agent-food vehicle combinations were described and analyzed for changes over time by using multiple correspondence analysis. Overall, 6,908 foodborne outbreaks were available for three decades (1976 through 2005), but the agent and the food vehicle were identified in only 2,107 of these outbreaks. Differences between the data sets were found in the distribution of the cause, the vehicle, and the location or size of the outbreaks. Multiple correspondence analysis revealed an association between Clostridium botulinum and wild meat and between C. botulinum and seafood. This analysis also highlighted changes in food attribution over time and generated the most up-to-date food attribution values for salmonellosis (29% of cases associated with produce, 15% with poultry, and 15% with meat other than poultry, pork, and beef), campylobacteriosis (56% of cases associated with poultry and 22% with dairy products other than fluid milk), and Escherichia coli infection (37% of cases associated with beef, 23% with cooked multi-ingredient dishes, and 11% with meat other than beef, poultry, and pork). Because of the inherent limitations of this approach, only the main findings should be considered for policy making. The use of other human illness attribution approaches may provide further clarification.
High poverty levels characterise sub-Saharan Africa, Zimbabwe included. Over 80 per cent of Zimbabwe's population lived below the total consumption poverty line and 70 per cent below the food poverty line in 2003. This plummeting of social indicators resulted from the freefall suffered by the country's economy from the 1990s, after unsuccessful attempts to implement structural adjustment programmes prescribed by international financial institutions. The ensuing socioeconomic decay, political crisis and international isolation of the country from the late 1990s reversed gains made in social indicators during the 1980s. Development theories attribute poverty to unchecked population growth, political, economic and environmental mismanagement, while developing countries' leaders attribute it to historical imbalances and global political and economic injustices. Despite this debate, poverty continues to evolve, expand and deepen and the need to eradicate it has become urgent. The complex question of what causes and what drives poverty is perpetually addressed and new ideas are emerging to answer the question. One recent view is that failure to centre development on people and to declare poverty a violation of human rights has allowed poverty to grow the world over. This study uses a hypothesised cause of poverty - civil registration - to exemplify the human right nature of poverty, and how a human rights' policy can be used as an instrument to eradicate poverty. The study demonstrates that civil registration is a right of instrumental relevance to poverty; and achieving civil registration grants people access to numerous other rights, some of which will lift them out of poverty, while the failure of civil registration deprives people of access to livelihoods, thereby entrenching them in poverty.
Murrow, Gail B.; Murrow, Richard
Dehumanization is anecdotally and historically associated with reduced empathy for the pain of dehumanized individuals and groups and with psychological and legal denial of their human rights and extreme violence against them. We hypothesize that ‘empathy’ for the pain and suffering of dehumanized social groups is automatically reduced because, as the research we review suggests, an individual's neural mechanisms of pain empathy best respond to (or produce empathy for) the pain of people whom the individual automatically or implicitly associates with her or his own species. This theory has implications for the philosophical conception of ‘human’ and of ‘legal personhood’ in human rights jurisprudence. It further has implications for First Amendment free speech jurisprudence, including the doctrine of ‘corporate personhood’ and consideration of the potential harm caused by dehumanizing hate speech. We suggest that the new, social neuroscience of empathy provides evidence that both the vagaries of the legal definition or legal fiction of ‘personhood’ and hate speech that explicitly and implicitly dehumanizes may (in their respective capacities to artificially humanize or dehumanize) manipulate the neural mechanisms of pain empathy in ways that could pose more of a true threat to human rights and rights-based democracy than previously appreciated. PMID:27774198
This article analyses the challenges posed by traditional ethnic and linguistic minorities in multicultural states and more specifically the problems faced by indigenous peoples and communities. Their educational and cultural needs and demands are increasingly being framed in the language of human rights, based on the expanding international legal…
The "Dowa" (Human Rights) education program has become an effective method of changing concept and situations of "Burakumin," a group of people that has been discriminated against in Japan. One educational strategy was to speak out their personal stories, which has become a trigger to some sexual minority teachers to come out,…
Ojalehto, Bethany; Wang, Qi
This article provides a synthesis of current research and theories of spiritual development in forced displacement from a human rights perspective. Spirituality, understood as a cognitive-cultural construct, has shown positive impact on children's development through both collective and individual processes and across ecological domains of the…
Citizenship education, defined as learning to live together, requires agreement on certain common principles. One central purpose of a state education system is the transmission of common normative standards such as the human rights and fundamental freedoms that underpin liberal democratic societies. The paper identifies the conceptual roots of…
Jordan, Linda; Goodey, Chris
This report recounts the process of desegregation of the education service in the London (England) borough of Newham. It shows how inclusion in the borough began and was sustained by an understanding of inclusion as a human rights issue. It charts the steps which brought about the closure of most of the authority's separate special schools and…
This paper explores the notion of Affective Pedagogy of Human Rights Education (APHRE) on a theoretical level and suggests a concept of curricular framework. APHRE highlights the significance of affectivity and body in the process of learning, factors usually neglected in the mainstream intellectualistic approach to learning, especially in areas…
In his 1940 paper `Freedom and Science' Albert Einstein emphasized that ``intellectual independence is a primary necessity for the scientific inquirer'' and that ``political liberty is also extraordinarily important for his work.'' Raised in the tradition of intellectual independence and dedicated to the scientific truth, physicists were among the first to stand up for freedom in the USSR. It was no coincidence that the founders of the first independent Human Rights Committee (1970) were physicists: Andrei Sakharov, Valery Chalidze and Andrei Tverdokhlebov. In 1973 a physicist, Alexander Voronel, founded a Moscow Sunday (refusenik) Seminar -- the first openly independent scientific body in the history of the USSR. In 1976 physicists Andrei Sakharov, Yuri Orlov and a mathematician Natan Sharansky were the leading force in founding the famous Moscow Helsinki Human Rights Watch group. This talk briefly describes the special position of physicists (often viewed as Einstein's colleagues) in Soviet society, as well as their unique role in the struggle for human rights. It describes in some detail the Moscow Sunday Seminar, and extensions thereof such as International Conferences, the Computer School and the Computer Database of Refuseniks. The Soviet government considered such truly independent organizations as a challenge to Soviet authority and tried to destroy them. The Seminar's success and its very existence owed much to the support of Western scientific organizations, who persuaded their members to attend the Seminar and visit scientist-refuseniks. The human rights struggle led by physicists contributed substantially to the demise of the Soviet system.
Sheffield, Caroline C.; Cruz, Barbara C.
Using literature in the social studies classroom is a useful pedagogy that is particularly well-suited in human rights education. Literature can give voice to people who cannot speak for themselves and gives students an opportunity to consider perspectives that are often foreign to them. When used with delicacy and care, these literary…
In today's globally interconnected community, it is imperative that students learn how human rights abuses are not a "thing of the past," but an ongoing exploitation that requires modern day crusaders to defend. Who might these crusaders be? None other than each student. However, if one wants to encourage these noble change agents, one needs to…
Council of Europe, Strasbourg (France).
This booklet is intended as the nongovernmental organization's (NGO's) contribution to the celebration of the 50th anniversary of the European Convention on Human Rights (ECHR). Its aim is to bear witness to the commitment of the NGOs having consultative status with the Council of Europe, and to all that they have done to make known, put into…
This paper focuses on the historical review of neo-liberalism in Korean education with relevance to human rights education and teachers movement. In transition to post-colonial society, Korea confronts polarization of education. From the first stage just after the independence from Japanese Colonization in 1945 to the fifth present stage, Korean…
Ercan, Recep; Yaman, Tugba; Demir, Selcuk Besir
The objective of this study is to develop a valid and reliable attitude scale having quality psychometric features that can measure secondary school students' attitudes towards human rights. The study group of the research is comprised by 710 6th, 7th and 8th grade students who study at 4 secondary schools in the centre of Sivas. The study group…
Can Holocaust education be considered a tool for human rights education? If so, to what extent? These questions elicit discussions among a wide range of educators, and interest among politicians, educational planners, and ministries in charge of memorials. At first glance the obvious answer seems to be yes; both educators and students have strong…
Social studies teachers must help students understand how key institutions in South Africa, especially the law, help perpetuate racial discrimination and the denial of human rights. Students should be made aware of the legislation and resultant practices of the major components of the apartheid policy in South Africa. (RM)
Allan, Stuart; Sonwalkar, Prasun; Carter, Cynthia
This article assesses the potential of online news reporting to create discursive spaces for emphatic engagement--of bearing witness--at a distance, especially where human rights violations are concerned. Taking as its focus the emergent forms and practices of citizen journalism, it examines the spontaneous actions of ordinary people compelled to…
Lumby, Jacky; Morrison, Marlene
Interviews with 14-19 year olds in England and Wales are analysed to explore young people's perceptions of the experience of school and of alternative settings for learning such as further education colleges or work-based learning. Many experience school as oppressive, suggesting a defeasance of their rights as human beings. The paper posits that…
Landorf, Hilary; Pineda, Martha Fernanda
Although adolescent students often do not have knowledge of specific laws, they usually have a keen sense of justice and fairness. In this article, the author discusses the Universal Declaration of Human Rights (UDHR) as a powerful tool to channel students' sense of fairness into visible actions. Adopted in December 1948 by the General Assembly of…
This article analyses three normative accounts that can underlie educational policies, with special attention to gender issues. These three models of education are human capital theory, rights discourses and the capability approach. I first outline five different roles that education can play. Then I analyse these three models of educational…
This article questions whether human rights education (HRE) scholarship is responding adequately to the post secular turn in thinking about the place and nature of religion in society. Here the post secular turn is used to describe the discrediting of secularisation theory, the recognition of religion as an enduring and pervasive global cultural…
Bynum, Gregory Lewis
In this essay Gregory Bynum seeks to show that Immanuel Kant's thought, which was conceived in an eighteenth-century context of new, and newly widespread, pressures for nationally institutionalized human rights-based regimes (the American and French revolutions being the most prominent examples), can help us think in new and appreciative ways…
Al-Daraweesh, Fuad; Snauwaert, Dale T.
The purpose of this essay is to articulate and defend the epistemological foundations of international human rights education from the perspective of a hermeneutical interpretive methodology. Fuad Al-Daraweesh and Dale Snauwaert argue here that this methodology potentially alleviates the challenges that face the cross-cultural implementation of…
In this article, the work of three international governmental organisations (IGOs) dealing with human rights will be discussed, namely the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Children's Fund (UNICEF) and the Council of Europe (CoE). In the first section, the main characteristics of the…
Chung, Rita Chi-Ying
The fast-paced movement of globalization has affected all walks of life including professional counselors. As the world becomes more accessible, increased instances of social injustice on a global scale have become more apparent, with women and children being especially identified as victims of social injustice and human rights violations (World…
This research is an effort to transcend the debate of universalism and cultural relativism by offering a new conceptualization of human rights. The conceptualization is presented through the development of a theoretical framework in the form of an epistemology. The research articulates and defends the epistemology, which is grounded on…
Murray, Joseph J.
The past three decades of activism for linguistic human rights (Skutnabb-Kangas 2000) have witnessed examples of language planning by various national and supranational actors in national and international spaces, with an exchange of ideas and strategies employed by national, regional, and worldwide organizations. In many countries a key goal of…
In 1997 the Lebanese government published its newly developed curriculum and textbooks following a long and fierce civil war, which started in 1975. The new curriculum emphasized nation building, reconciliation and citizenship. This study aims to examine how the civics textbooks in Lebanon addressed human rights and peace education, both of which…
A physicist imprisoned in Iran while on a break from his PhD studies in the US has been awarded a human-rights prize. Omid Kokabee, who had been based at the University of Texas in Austin, has been given the Andrei Sakharov Prize from the American Physical Society (APS) for "his courage in refusing to use his physics knowledge to work on projects that he deemed harmful to humanity, in the face of extreme physical and psychological pressure".
For more than 30 years, I have devoted my life to promoting scientific freedom and human rights around the world. This devotion led me to put pressure on the American Chemical Society (ACS) to become active in the fight for human rights. Due to this pressure, in 1986, ACS established the Subcommittee on Scientific Freedom and Human Rights, which I chaired since its' inception for over 25 years. In 1988, I met with Andrei Sakharov who advised me to never stop pressuring governments or organizations that abuse human rights. Based on his council, I took a crash course in Russian before traveling to the Soviet Union several times to meet with dissidents, despite the risk to my own safety. After the Tiananmen Square incident in 1989, I worked diligently on the issue of human rights in China. Traveling often to work on the release of pro-democracy prisoners, I met with several dissidents of China, including physicist Xu Liangying who was under house arrest. In my lecture, I will discuss additional cases of my fight for human rights. After 9/11/2001, I expanded my work on scientific freedom and human rights to the Middle East by organizing the Malta Conferences, which use science for diplomacy and as a bridge to peace. These conferences bring together scientists from 15 Middle East countries including Iran, Iraq, Syria, Israel, Palestine, Jordan, etc. with 6 Nobel Laureates to work for 5 days on solving regional problems. Although acts of war and terrorism have destabilized the political and economic climate in the Middle East, the Malta Conferences have made it possible for scientists from countries that are on the opposing sides of political and cultural conflicts to meet in a politically neutral environment. There they can work to forge relationships that bridge the deep chasms of mistrust and intolerance. Scientists who normally don't have the opportunity to speak with one another are able to discuss their research and issues of mutual concern. In a time when the
Svoboda, J Steven
Every infant has a right to bodily integrity. Removing healthy tissue from an infant is only permissible if there is an immediate medical indication. In the case of infant male circumcision there is no evidence of an immediate need to perform the procedure. As a German court recently held, any benefit to circumcision can be obtained by delaying the procedure until the male is old enough to give his own fully informed consent. With the option of delaying circumcision providing all of the purported benefits, circumcising an infant is an unnecessary violation of his bodily integrity as well as an ethically invalid form of medical violence. Parental proxy 'consent' for newborn circumcision is invalid. Male circumcision also violates four core human rights documents-the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention Against Torture. Social norm theory predicts that once the circumcision rate falls below a critical value, the social norms that currently distort our perception of the practice will dissolve and rates will quickly fall.
Perlin, Michael L.
Human rights are arguably the most significant political force shaping the life experience of people with disability. The "United Nations Convention on the Rights of Persons with Disabilities" sets the standard at an international level, creating both positive and negative rights, and calls upon member states of the United Nations (UN)…
Aiello, Marilena; Jacquin-Courtois, Sophie; Merola, Sheila; Ottaviani, Teresa; Tomaiuolo, Francesco; Bueti, Domenica; Rossetti, Yves; Doricchi, Fabrizio
Spatial reasoning has a relevant role in mathematics and helps daily computational activities. It is widely assumed that in cultures with left-to-right reading, numbers are organized along the mental equivalent of a ruler, the mental number line, with small magnitudes located to the left of larger ones. Patients with right brain damage can disregard smaller numbers while mentally setting the midpoint of number intervals. This has been interpreted as a sign of spatial neglect for numbers on the left side of the mental number line and taken as a strong argument for the intrinsic left-to-right organization of the mental number line. Here, we put forward the understanding of this cognitive disability by discovering that patients with right brain damage disregard smaller numbers both when these are mapped on the left side of the mental number line and on the right side of an imagined clock face. This shows that the right hemisphere supports the representation of small numerical magnitudes independently from their mapping on the left or the right side of a spatial-mental layout. In addition, the study of the anatomical correlates through voxel-based lesion-symptom mapping and the mapping of lesion peaks on the diffusion tensor imaging-based reconstruction of white matter pathways showed that the rightward bias in the imagined clock-face was correlated with lesions of high-level middle temporal visual areas that code stimuli in object-centred spatial coordinates, i.e. stimuli that, like a clock face, have an inherent left and right side. In contrast, bias towards higher numbers on the mental number line was linked to white matter damage in the frontal component of the parietal-frontal number network. These anatomical findings show that the human brain does not represent the mental number line as an object with an inherent left and right side. We conclude that the bias towards higher numbers in the mental bisection of number intervals does not depend on left side spatial
As medical technology develops, new issues are raised as to how the use of this technology may comply or conflict with existing human rights standards and values. This article considers the application of human rights standards, and in particular the jurisprudence under Article 8 of the European Convention on Human Rights, to the trade in human body organs, the selection of the sex of prospective children, and human reproductive cloning. The current domestic law and regulatory framework is examined, as well as international regulation of this area by the Council of Europe Convention on Human Rights and Biomedicine. The author considers how the balance is to be struck between the ethical objections to many developments in biomedicine, and individual self-determination. It is suggested that, in order to be justified, any limitations on individual self-determination in the use of this new medical technology, should have a basis in the protection of human dignity.
MacNaughton, Gillian; Forman, Lisa
Health impact assessment (HIA) is increasingly being used to predict the health and social impacts of domestic and global laws, policies and programs. In a comprehensive review of HIA practice in 2012, the authors indicated that, given the diverse range of HIA practice, there is an immediate need to reconsider the governing values and standards for HIA implementation . This article responds to this call for governing values and standards for HIA. It proposes that international human rights standards be integrated into HIA to provide a universal value system backed up by international and domestic laws and mechanisms of accountability. The idea of mainstreaming human rights into HIA is illustrated with the example of impact assessments that have been carried out to predict the potential effects of intellectual property rights in international trade agreements on the availability and affordability of medicines. The article concludes by recommending international human rights standards as a legal and ethical framework for HIA that will enhance the universal values of nondiscrimination, participation, transparency and accountability and bring legitimacy and coherence to HIA practice as well.
Human rights are commonly conceived as more relevant to foreign policy than day-to-day living. Drawing on Eleanor Roosevelt's conception of human rights as beginning close to home, this article illustrates how human rights principles might inform everyday processes of schooling and learning to live together. It considers rights to, in and…
Harding, T W
The European Convention of Human Rights enumerates a set of individual rights and fundamental freedoms and defines supra-national legal procedures whereby individuals, who believe themselves victims of human rights abuses and are unable to gain redress through domestic courts, can petition the European Commission of Human Rights.
... of the United States of America A Proclamation With the adoption of the Universal Declaration of... Declaration of Human Rights, our futures have grown increasingly interconnected. We have a stake not only in... Lord two thousand eleven, and of the Independence of the United States of America the two hundred...
... Declaration of Human Rights—a revolutionary document that recognized the inherent dignity and inalienable... anniversary of that historic act, we celebrate the rights the Declaration recognized and recommit to... December, in the year of our Lord two thousand twelve, and of the Independence of the United States...
Leung, Yan Wing; Lo, Yan Lam
As in most countries, human rights education (HRE) in Hong Kong has never been high on the educational agenda. In 2009, a compulsory subject, Liberal Studies (LS), which could be used as a platform for HRE, was introduced. The Hong Kong Institute of Education launched a research and development project which, as one of its objectives, studied LS…
Education International, Brussels (Belgium).
In many countries, often at great personal cost, teachers and education support staff are at the forefront of the struggle for basic trade union and human rights. This book acknowledges their contributions. It also draws inspiration and hope from their efforts to show that a commitment to the interests of every child, to quality education, and to…
In a judgment of 14 December 2010, in the case of Madam Ternovszky v. Hungary, the European Court of Human Rights has considered that a State should provide an adequate regulatory scheme concerning the right to choose in matters of child delivery (at home or in a hospital). In the context of homebirth, regarded as a matter of personal choice of the mother, this implies that the mother is entitled to a legal and institutional environment that enables her choice. This contribution stresses in which sense the regulatory schemes in the Member States Belgium, Germany, the Netherlands, France and the UK concerning the choice of child delivery are in accordance with Article 8 ECHR, the right to respect for the private life. Do the Member States provide the legal certainty to a mother that the midwife can legally assist a homebirth? Or are restrictions made in interests of public health?
Background Amidst concerns regarding the capacity of the public health system to respond rapidly and appropriately to threats such as pandemics and terrorism, along with changing population health needs, governments have focused on strengthening public health systems. A key factor in a robust public health system is its workforce. As part of a nationally funded study of public health renewal in Canada, a policy analysis was conducted to compare public health human resources-relevant documents in two Canadian provinces, British Columbia (BC) and Ontario (ON), as they each implement public health renewal activities. Methods A content analysis of policy and planning documents from government and public health-related organizations was conducted by a research team comprised of academics and government decision-makers. Documents published between 2003 and 2011 were accessed (BC = 27; ON = 20); documents were either publicly available or internal to government and excerpted with permission. Documentary texts were deductively coded using a coding template developed by the researchers based on key health human resources concepts derived from two national policy documents. Results Documents in both provinces highlighted the importance of public health human resources planning and policies; this was particularly evident in early post-SARS documents. Key thematic areas of public health human resources identified were: education, training, and competencies; capacity; supply; intersectoral collaboration; leadership; public health planning context; and priority populations. Policy documents in both provinces discussed the importance of an educated, competent public health workforce with the appropriate skills and competencies for the effective and efficient delivery of public health services. Conclusion This policy analysis identified progressive work on public health human resources policy and planning with early documents providing an inventory of issues to be
Rushford, Nancy; Harvey, David
In their article "Toward a Community-Based Dementia Care Strategy: How Do We Get There from Here?" Morton-Chang et al. draw attention to the urgent need for a community-based dementia care strategy in Canada. Drawing from national and international experience, including an illustrative case study of policy in Ontario, they identify three key strategic pillars to guide strategic action: 1. Engage persons living with dementia (PLWD) to any extent possible in decisions around their own care. 2. Acknowledge and support informal caregivers in their pivotal roles supporting PLWD and consequently the formal care. 3. Enable "ground-up" change through policies and funding mechanisms designed to ensure early intervention across a continuum of care. In this paper, we aim to broaden the lens for dementia and strategic action by framing dementia in terms of disability and human rights. We contend that a human rights approach is critical to addressing the vulnerability of people with dementia and caregivers and achieving the principal goals of dementia care, as they are largely represented in the strategic pillars proposed. These pillars direct action towards key areas of change within the existing health system but may not in and of themselves create the transformative change needed across systems and levels. Through the lens of disability and human rights, we reflect upon the complexity of dementia and move from the individual to the social sphere - shifting the focus from "care" that is oriented to "maintenance" in the community, towards "enablement," "empowerment" and social change, as it involves the reconceptualization of dementia that has begun to take shape at local, national and international levels. This brings us to the central argument of this paper, that dementia is as much a human rights issue and a social problem as it is a health issue, necessitating widespread social/systems change and strategic action that "challenges and changes the defining beliefs of a
Pisella, L; Alahyane, N; Blangero, A; Thery, F; Blanc, S; Pelisson, D
We review evidence showing a right-hemispheric dominance for visuo-spatial processing and representation in humans. Accordingly, visual disorganization symptoms (intuitively related to remapping impairments) are observed in both neglect and constructional apraxia. More specifically, we review findings from the intervening saccade paradigm in humans--and present additional original data--which suggest a specific role of the asymmetrical network at the temporo-parietal junction (TPJ) in the right hemisphere in visual remapping: following damage to the right dorsal posterior parietal cortex (PPC) as well as part of the corpus callosum connecting the PPC to the frontal lobes, patient OK in a double-step saccadic task exhibited an impairment when the second saccade had to be directed rightward. This singular and lateralized deficit cannot result solely from the patient's cortical lesion and, therefore, we propose that it is due to his callosal lesion that may specifically interrupt the interhemispheric transfer of information necessary to execute accurate rightward saccades towards a remapped target location. This suggests a specialized right-hemispheric network for visuo-spatial remapping that subsequently transfers target location information to downstream planning regions, which are symmetrically organized.
Prior, Pauline M
Mentally disordered offenders find themselves at the intersection of the healthcare system and the criminal justice system in most European countries. Decisions on their care often involve lengthy discussions in relation to care versus control in society. In this article, the focus is on one aspect of this debate - that of human rights. An analysis of cases, taken to the European Court of Human Rights by mentally disordered offenders, demonstrates the difficulties inherent in ensuring appropriate care to individuals and safeguards to the public at the same time. The issues raised include the problems raised by indeterminate sentences, the use of detention for preventive purposes, and debates about treatment. The countries represented in this selection of cases are Belgium, Norway, Poland, the Netherlands, Russia and the United Kingdom.
This Act prohibits discrimination on the basis of sex and marital status, among other things, with respect to accommodation practices, employment practices, and publications. In its employment practices provisions, it mandates equal pay for equal work and outlaws harassment and unwelcome sexual solicitation. Under the Act, the Newfoundland Human Rights Commission, already established, is given the power to investigate complaints, effect settlements, and refer matters to a board of inquiry for further action.
dilemma involves threats such as drug trafficking, organized crime, and terrorism . In most mature democracies responsibility for dealing with such threats...promoting reform to bolster civilian control and respect for human rights. That dilemma was underscored when Peruvian President Alberto Fujimori re...better guarantees could be assured. Asked whether he feared sanctions and a possible cutoff of aid from the United States, Fujimori replied, “What
Education lies at the heart of the Universal Declaration of Human Rights (UDHR): "Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms". However, when education is mentioned in the philosophical literature on human rights, or even within…
Jacobson, P; Banerjee, A
After achieving breathtaking successes in securing state and local restrictions on smoking in public places and restricting youth access to tobacco products, the tobacco movement faces difficult decisions on its future strategic directions. The thesis of this article is that the tobacco control movement is at a point of needing to secure its recent successes and avoiding any public retrenchment. To do so requires rethinking the movement's strategic direction. We use the familiar trans-theoretical model of change to describe where the movement is currently and the threats it faces. The new tobacco control strategy should encompass a focus on voluntary non-smoking strategies, use human rights rhetoric to its advantage, and strengthen the public health voice to be more effective in political battles. In developing a new strategy, tobacco control advocates need to build a social movement based on a more forceful public health voice, along with the strategic use of human rights rhetoric, to focus on the power of voluntary non-smoking efforts. Using human rights rhetoric can help frame the movement in ways that have traditionally appealed to the American public. Perhaps more importantly, doing so can help infuse the tobacco control movement with a broader sense of purpose and mission. PMID:16046702
The human rights of female children in India and elsewhere, even when protected on paper, are violated in practice. An equitable and egalitarian world order must be established. A comprehensive campaign is needed that combats gender-based inequalities, discrimination, exploitation, oppression, abuse, violence, inhuman values, and violations of human rights, particularly against female children. People must radically change their attitudes and actions towards female children. Female children are not a commodity or sex-object but "an equally worthy human being to be loved, respected, and cared for." Strategies that accomplish these ends include the promotion of human and spiritual values of love, compassion, and nonviolence, and discouragement of values of consumerism and materialism and worthlessness of human beings. Effective education and mass media should counter corruption, dishonesty, selfishness, and inhuman actions. Family structures need to strengthened and enriched. The abuse of female children occurs due to the following interrelated factors: entrenched patriarchal value systems, the perpetuation of traditions and practices that identify girls as inferior to boys, the gender-biased and discriminatory attitude that identifies girl children as a burden or liability and as a sex-object or commodity, and prevalent illiteracy, poverty, and negative parenting life style patterns. Other factors include the low status of women, the reduction in human and spiritual values, and the rise of consumerism and corruption. Girls are subjected to female infanticide, feticide, lack of social and economic development, burdensome domestic work, early marriage and childbearing, neglect and denial of healthy living conditions, sexual abuse and exploitation, prostitution, rape, and a denial of their right to protection.
Chakhvadze, B; Chakhvadze, G
The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.
Canadian Cardiovascular Society Consensus Conference guidelines on heart failure, update 2009: Diagnosis and management of right-sided heart failure, myocarditis, device therapy and recent important clinical trials
Howlett, Jonathan G; McKelvie, Robert S; Arnold, J Malcolm O; Costigan, Jeannine; Dorian, Paul; Ducharme, Anique; Estrella-Holder, Estrellita; Ezekowitz, Justin A; Giannetti, Nadia; Haddad, Haissam; Heckman, George A; Herd, Anthony M; Isaac, Debra; Jong, Philip; Kouz, Simon; Liu, Peter; Mann, Elizabeth; Moe, Gordon W; Tsuyuki, Ross T; Ross, Heather J; White, Michel
The Canadian Cardiovascular Society published a comprehensive set of recommendations on the diagnosis and management of heart failure in January 2006. Based on feedback obtained through a national program of heart failure workshops and through active solicitation of stakeholders, several topics were identified because of their importance to the practicing clinician. Topics chosen for the present update include best practices for the diagnosis and management of right-sided heart failure, myocarditis and device therapy, and a review of recent important or landmark clinical trials. These recommendations were developed using the structured approach for the review and assessment of evidence adopted and previously described by the Society. The present update has been written from a clinical perspective to provide a user-friendly and practical approach. Specific clinical questions that are addressed include: What is right-sided heart failure and how should one approach the diagnostic work-up? What other clinical entities may masquerade as this nebulous condition and how can we tell them apart? When should we be concerned about the presence of myocarditis and how quickly should patients with this condition be referred to an experienced centre? Among the myriad of recently published landmark clinical trials, which ones will impact our standards of clinical care? The goals are to aid physicians and other health care providers to optimally treat heart failure patients, resulting in a measurable impact on patient health and clinical outcomes in Canada. PMID:19214293
A human rights approach to health is critical to address growing global health inequalities. Three aspects of the nature of health as a right are relevant to shaping a human rights approach to health: (1) the indivisibility of civil and political rights, and socio-economic rights; (2) active agency by those vulnerable to human rights violations; and (3) the powerful normative role of human rights in establishing accountabiliy for protections and freedoms. Health professionals' practice, tpically governed by ethical codes, may benefit from human rights guidelines, particularly in situations of dual loyalty where clients' or communities' human rights are threatened Moreover, institutional accountability for protecting human rights is essential to avoid shifting responsibility solely onto the health professional Human rights approaches can include holding states and other parties accountable, developing policies and programs consistent with human rights, and facilitating redress for victims of violations of the right to health. However, underlying all models is the need to enable active social mobilization, without which legal approaches to rights lack sustainability and power. Evidence from South and Southern Africa has shown that different conceptions of what is meant by human rights impact substantially on state willingness and abiliy to meet constitutional obligations with regard to the right to health. New approaches to health polity development, which draw on the agency of vulnerable groups, link local struggles with their global context, and explicitly incorporate rights frameworks into public health planning are needed. Models that move away from individualizing conflict over rights between health professionals as disempowered duty bearers and patients as frustrated rights holders, toward more mutual approaches to shared rights objectives may be possible and are being actively pursued through the development of a learning network to realize the right to health
Mori, M; Neri, D
The authors analyze deficiencies and perils of the European Convention on Human Rights and Biomedicine, in particular the concept of human rights as given by natural law and the Convention's stand on germline therapy and its refutation of therapeutic enhancement.
The European Convention of Human Rights recognises a certain number of rights and freedoms for persons within States' jurisdiction. For those confined in psychiatric hospitals, this legal protection concerns first of all the lawfulness of deprivation of liberty, which must conform to the conditions laid down by the Convention as interpreted by the case-law of the Convention organs (the Commission and Court of Human Rights). The Convention also guarantees to person deprived of their liberty further rights: the right to information, the right to appear before a court, the right to compensation and also the right to the respect of privacy and correspondence.
Jürgens, Ralf; Betteridge, Glenn
This article examines the human rights and public health implications of injection drug use in prisons with a specific focus on HIV and hepatitis C (HCV) viruses. The authors argue that prisoners who inject drugs have a right to access harm reduction measures--those that reduce the harmful consequences of drug use without necessarily reducing drug consumption. Moreover, states that fulfill their obligation to provide prisoners with harm reduction measures such as access to bleach, substitution therapy, and sterile injection equipment implement sound public health policy with a positive impact for a population particularly vulnerable to HIV and HCV. Ultimately, this approach benefits not only prisoners but also prison staff and the public, and does not entail lessening of the safety and security of prisons.
Hersey, Page Elizabeth
Human rights education (HRE) holds the potential for educators to begin an honest dialogue with students and to connect local issues with international struggles for human rights. However, HRE and other teaching approaches that build understanding of systems of power and oppression that lead to human rights violations are not widely embraced in…
Suarez, David F.
Human rights have become increasingly salient for nations, organizations, and individuals since the end of World War II (Lauren 2003). Discussions of human rights now are common in formal education, including in Latin America and the Caribbean (LAC). A variety of indicators suggest that countries in Latin America have integrated human rights into…
Grant, Carl A.; Gibson, Melissa Leigh
Although not often recognized, social justice education in the U.S. is historically and philosophically tied to the twentieth century's human rights initiatives. The efforts of human rights pioneers, such as those who authored the Universal Declaration of Human Rights, have indelibly shaped social justice efforts, including within education, in…
Guyette, Frederick W.
What are the prospects for joining religious education and human rights education? (1) Human rights educators may cite good historical and philosophical reasons for teaching about human rights without making any reference whatsoever to a religious foundation. (2) For their part, many religious communities have resisted opportunities to form…
In this commentary on "Corporate Responsibility to Respect Human Rights and Business Schools' Responsibility to Teach It" (McPhail 2013), the author discusses how McPhail's paper examines human rights teaching principles, the question of why corporations and business schools should respect and teach human rights, and how business…
Background: Children with intellectual disabilities (IDs) have the same human value as other children and are entitled to their basic human rights. And yet, in developing countries they face many barriers to accessing these rights. This study focuses on children with IDs in Egypt. Method: A new measure, the Human Rights of children with…
Education in and awareness about human rights is generally seen as one of the less contentious elements of citizenship education. However, it would seem that, for the concept of human rights to have a real impact in today's world, theoretical knowledge of human rights standards should be complemented by an understanding of the ethical concept of…
Anderson, Marna; Rudelius-Palmer, Kristi
Describes Partners in Human Rights Education in which the Universal Declaration of Human Rights provides the framework for using interactive teaching methods to relate human-rights concepts to students' lives. Highlights Amnesty International's "Urgent Action Network" that encourages children to become lobbyists in a letter-writing…
Torney, Judith V.
Students need more exposure to the concept of human rights. They need to know The Universal Declaration of Human Rights and the subsequent covenants. Also, they need to know that substantial agreement exists in the international community about what constitutes human rights. (Author/KC)
Kesten, Alper; Schur, Joan Brodsky; Gürsoy, Kudret
This group of commentaries on teaching human rights in Turkey includes: (1) Reflection on Turkish Human Rights Lesson from Turkey (Alper Kesten)--A lesson on human rights in Turkey is analyzed for its representativity and methodology within the Turkish teaching culture from the viewpoint of a Turkish researcher; (2) Commentary on a Turkish Lesson…
Tibbitts, Felisa L.
This article presents evidence of the links between human rights education and social change by analyzing the long-term effects on 88 trainers engaged in a non-formal adult training program sponsored by a women's human rights group in Turkey, Women for Women's Human Rights--New Ways. In this article, I show the transformative impacts of carrying…
Froese-Germain, Bernie; Riel, Rick; Theoret, Pauline
The United Nations has placed a high priority on human rights education. Building on the foundation laid by the UN Decade for Human Rights Education (1995-2004), the UN General Assembly launched the World Programme for Human Rights Education in December 2004 "as a global initiative, structured in consecutive phases, to advance the…
Meier, Benjamin Mason; Kayser, Georgia Lyn; Kestenbaum, Jocelyn Getgen; Amjad, Urooj Quezon; Dalcanale, Fernanda; Bartram, Jamie
The development of a human right to water and sanitation under international law has created an imperative to implement human rights in water and sanitation policy. Through forty-three interviews with informants in international institutions, national governments, and non-governmental organizations, this research examines interpretations of this new human right in global governance, national policy, and local practice. Exploring obstacles to the implementation of rights-based water and sanitation policy, the authors analyze the limitations of translating international human rights into local water and sanitation practice, concluding that system operators, utilities, and management boards remain largely unaffected by the changing public policy landscape for human rights realization. To understand the relevance of human rights standards to water and sanitation practitioners, this article frames a research agenda to ensure that human rights aspirations lead to public policy reforms and public health outcomes.
While the issue of giving women their human rights has been firmly placed on the agendas of international conferences, the plight of refugee women has gone largely unrecognized. Refugee women face rape, sexual abuse, sexual extortion, and physical insecurity. Such violations precipitate their flight, characterize their attempts to gain refugee status, and continue during their tenure in refugee camps, where they are excluded from positions of authority. Because the definition of refugees in the 1951 UN Convention Relating to the Status of Refugees omits sex as a grounds for determining refugee status or as a grounds on which it prohibits discrimination based on sex, the UN High Commissioner for Refugees decided in 1985 that such claims must fall under the classification of membership of a particular group. Unfortunately, agreement with this is discretionary for states. It has been argued that states which protect aliens from discrimination based on sex must afford the same privilege to refugees, but, again, such behavior is subject to debate. Concerns about the human rights of refugee women should be strengthened by being addressed in the existing framework of human rights conventions in international law, such as the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). One recent advance in this area was the establishment of the Yugoslav and Rwanda War Crimes Tribunals which will investigate the sexual abuse of women during the armed conflicts. The issue of violence against women in every situation must remain on CEDAW's agenda. In addition, the Fourth World Conference on Women provides a welcome opportunity to place these issues in the forefront of global efforts to protect women.
Elford, R. W.
Lifestyle is defined in terms of a culture's view of five basic human dilemmas. A comparison of the Canadian and Rwandese cultures suggests that our lifestyle pattern has generated many of our present physical and mental health problems.
Recent work has stressed the importance of the concept of solidarity to bioethics and social philosophy generally. But can and should it feature in documents such as the Universal Declaration on Bioethics and Human Rights as anything more than a vague notion with multiple possible interpretations? Although noting the tension between universality and particularity that such documents have to deal with, and also noting that solidarity has a political content, the paper explores the suggestion that solidarity should feature more centrally in international regulations. The paper concludes with the view that when solidarity is seen aright, the UDBHR is an implicitly solidaristic document.
The steps toward the adoption by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) of the Universal Declaration on Bioethics and Human Rights took a number of years and generated considerable controversy. This editorial reviews the principal provisions in the Declaration and argues that the Declaration constitutes an important formalisation on the basis of international consensus of the fundamental attributes of bioethical work undertaken by medical practitioners and scientists. However, the Declaration is only a beginning; many challenges lie ahead to ensure its effective implementation.
Gruskin, Sofia; Cottingham, Jane; Hilber, Adriane Martin; Kismodi, Eszter; Lincetto, Ornella; Roseman, Mindy Jane
We describe the historical development of how maternal and neonatal mortality in the developing world came to be seen as a public-health concern, a human rights concern, and ultimately as both, leading to the development of approaches using human rights concepts and methods to advance maternal and neonatal health. We describe the different contributions of the international community, women's health advocates and human rights activists. We briefly present a recent effort, developed by WHO with the Harvard Program on International Health and Human Rights, that applies a human rights framework to reinforce current efforts to reduce maternal and neonatal mortality.
Siqueiros, Jesús M; Saruwatari, Garbiñe; Oliva-Sánchez, Pablo Francisco
In this article we explore the epistemic and ontological relationship between science and law through the concept of individual in the Universal Declaration of the Human Genome and Human Rights. We argue for a better understanding of this relationship in order to foresee ethical and social consequences derived from Law adopting concepts with a strong scientific meaning.
Lee, Joo-Young; Hunt, Paul
Although access to medicines is a vital feature of the right to the highest attainable standard of health ("right to health"), almost two billion people lack access to essential medicines, leading to immense avoidable suffering. While the human rights responsibility to provide access to medicines lies mainly with States, pharmaceutical companies also have human rights responsibilities in relation to access to medicines. This article provides an introduction to these responsibilities. It briefly outlines the new UN Guiding Principles on Business and Human Rights and places the human rights responsibilities of pharmaceutical companies in this context. The authors draw from the work of the first UN Special Rapporteur on the right to the highest attainable standard of health, in particular the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines that he presented to the UN General Assembly in 2008, and his UN report on GlaxoSmithKline (GSK). While the Guiding Principles on Business and Human Rights are general human rights standards applicable to all business entities, the Human Rights Guidelines for Pharmaceutical Companies consider the specific human rights responsibilities of one sector (pharmaceutical companies) in relation to one area of activity (access to medicines). The article signals the human rights responsibilities of all pharmaceutical companies, with particular attention to patent-holding pharmaceutical companies. Adopting a right-to-health "lens," the article discusses GSK and accountability. The authors argue that human rights should shape pharmaceutical companies' policies, and provide standards in relation to which pharmaceutical companies could, and should, be held accountable. They conclude that it is now crucial to devise independent, accessible, transparent, and effective mechanisms to monitor pharmaceutical companies and hold them publicly accountable for their human rights responsibilities.
The UK Government published various circulars to indicate the importance of respecting the privacy and dignity of NHS patients following the implementation of the Human Rights Act, 1998. This research used an ethnographic method to determine the extent to which health professionals had in fact upheld the philosophy of these documents. Fieldwork using nonparticipant observation, and unstructured and semistructured interviews with patients and staff, took place over six months in three acute care wards in a large district NHS trust hospital. Applying the principles of phenomenology and grounded theory, the data were analysed and the contents organized into 11 key categories, leading to the formulation of a privacy model. The level of intrusion into patients' privacy by health professionals was measured against the benchmarking of the 'dignity and privacy' factors contained in the Department of Health's The essence of care document and Article 8(2) of the Human Rights Act. The findings established that patients had little privacy in the wards, and that the terms 'privacy of the person' and 'dignity' are interrelated.
This paper explores complementarities between bioethics and human rights in the ethical analysis of early childhood development (ECD) policies. It is argued that conceptual synergies arising from the integration of these fields are considerable, if underexplored, and best illumined through application to specific domains of health policy. ECD represents an especially germane case study: it is characterized by rapidly evolving science whose normative implications are complex, emergent, and understudied, yet whose societal impacts are wide-ranging. The paper first charts the disciplinary evolution of bioethics, demonstrating its gradual social turn: from the individual to collective, from the medical to the societal. It then reviews points of theoretical confluence between bioethics and human rights, to assess the value and feasibility of their joint application to health policy analysis. Finally, it maps these complementarities onto issues provoked by the epigenetics of ECD, in the hopes that both the policy domain and the analysis of theoretical synergies are enriched. It finds that the distinctly relational and emergent nature of ECD science and policy demands novel forms of normative inquiry. Only an ethical approach supple enough to adapt to emergent questions, examine issues from varied theoretical perspectives, and assimilate insights across traditional disciplinary bounds will prove sufficient to the task.
Every year approximately 18 million people die prematurely from treatable medical conditions including infectious diseases and nutritional deficiencies. The deaths occur primarily amongst the poorest citizens of poor developing nations. Various groups and individuals have advanced plans for major international medical aid to avert many of these unnecessary deaths. For example, the World Health Organization's Commission on Macroeconomics and Health estimated that eight million premature deaths could be prevented annually by interventions costing roughly US$57 bn per year. This essay advances an argument that human rights require high-income nations to provide such aid. The essay briefly examines John Rawls' obligations of justice and the reasons that their applicability to cases of international medical aid remains controversial. Regardless, the essay argues that purely humanitarian obligations bind the governments and citizens of high-income liberal democracies at a minimum to provide major medical aid to avert premature deaths in poor nations. In refusing to undertake such medical relief efforts, developed nations fail to adequately protect a fundamental human right to life.
Analysis of how histories of violence are represented and received in cultural institutions such as museums and memorials is frequently framed in terms of conflict and hierarchies or competitions of suffering. In this article the author proposes a framework that imagines the broader and interconnected networks in which museum narratives and ideas…
We often speak of a woman's right to choose the way she wishes to give birth. This article discusses how 'real' that right is. Some of the legal background to human rights as they relate to childbirth is set out, centred on the 2010 European Court of Human Rights ruling in the home birth case, Ternovszky v Hungary. The limitations of this case point to why resorting to the law to achieve their rights about birth may not be the most fruitful remedy for women. Instead the argument is made for creating equality of voice in the clinical area to achieve a stronger collective voice for anchoring human rights in practice.
Irmansyah, I; Prasetyo, YA; Minas, H
Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness. PMID:19545362
In her commentary of McPhail's 2013 article "Corporate Responsibility to Respect Human Rights and Business Schools' Responsibility to Teach It: Incorporating Human Rights into the Sustainability Agenda," Jane Andrew begins by highlighting a number of McPhail's primary arguments. She points out that McPhail sets out to achieve two things…
Meyer, Elizabeth J.
Teacher expression on the subject of sexual orientation is a hotly contested topic that has led to many recent legal challenges in the United States and Canada. The purpose of this article is to offer readers an introduction to Canadian cases regarding teacher expression and sexual orientation and demonstrate how the application of a human rights…
This article analyses the content and legal implementation of the right to education as a human right in Canada. It seeks to expose the extent to which Canadian legislative mechanisms have succeeded in protecting the right to education of students with disabilities by using students with epilepsy as a test case. To that end, the article examines…
Eid, Fatima H.
The growing interest in Human Rights Education (HRE) is linked in this paper to the UN Convention on the Rights of the Child (CRC, 1989). The linkage between citizenship education and HRE is also highlighted, along with the necessary critiques of human rights pronouncements regarding the situation of HRE in Bahrain while the challenges ahead in…
Ahmedova, Aylin Hasanova
The main purpose of this article is to analyze the relationship between air pollution and human rights. It investigates whether air pollution threatens basic human rights such as the right to health, life, and the environment. Air pollution represents a major threat both to health and to the environment. Despite the adoption of numerous…
In December 2010, the European Court of Human Rights ruled that a Romanian man who contracted tuberculosis (TB) while in prison had his rights violated pursuant to Article 3 of the European Convention on Human Rights, which prohibits torture and degrading treatment.
Murphey, Carol E.
Responds to the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR) by arguing that elementary school is an appropriate place to begin teaching about human rights. Outlines the rights enumerated in the UDHR, provides related activities for primary and intermediate grades, and suggests related Web sites. (DSK)
Detroit Public Schools, MI. Dept. of Curriculum Development Services.
Seventy documents including primary source materials, simulations, mock trials, short stories, vignettes, and statistical data are provided for the implementation of the elementary, middle, and high school human rights curriculum. Original documents include: (1) the Universal Declaration of Human Rights; (2) the Declaration of the Rights of the…
This article examines how local law enforcers in India respond to NGO efforts to disseminate world culture through human rights education. Law enforcement officers do not merely decouple from human rights discourse by superficially endorsing it. They also go further than infusing rights with local meaning. Officers use the language and logic of…
Joscelyne, Amy; Knuckey, Sarah; Satterthwaite, Margaret L; Bryant, Richard A; Li, Meng; Qian, Meng; Brown, Adam D
Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational burnout. PTSD was measured with the Posttraumatic Stress Disorder Checklist-Civilian Version (PCL-C) and depression was measured with the Patient History Questionnaire-9 (PHQ-9). These findings revealed that among human rights advocates that completed the survey, 19.4% met criteria for PTSD, 18.8% met criteria for subthreshold PTSD, and 14.7% met criteria for depression. Multiple linear regressions revealed that after controlling for symptoms of depression, PTSD symptom severity was predicted by human rights-related trauma exposure, perfectionism and negative self-appraisals about human rights work. In addition, after controlling for symptoms of PTSD, depressive symptoms were predicted by perfectionism and lower levels of self-efficacy. Survey responses also suggested high levels of resilience: 43% of responders reported minimal symptoms of PTSD. Although survey responses suggest that many human rights workers are resilient, they also suggest that human rights work is associated with elevated rates of PTSD and depression. The field of human rights would benefit from further empirical research, as well as additional education and training programs in the workplace about enhancing resilience in the context of human rights work.
Joscelyne, Amy; Knuckey, Sarah; Satterthwaite, Margaret L.; Bryant, Richard A.; Li, Meng; Qian, Meng; Brown, Adam D.
Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational burnout. PTSD was measured with the Posttraumatic Stress Disorder Checklist-Civilian Version (PCL-C) and depression was measured with the Patient History Questionnaire-9 (PHQ-9). These findings revealed that among human rights advocates that completed the survey, 19.4% met criteria for PTSD, 18.8% met criteria for subthreshold PTSD, and 14.7% met criteria for depression. Multiple linear regressions revealed that after controlling for symptoms of depression, PTSD symptom severity was predicted by human rights-related trauma exposure, perfectionism and negative self-appraisals about human rights work. In addition, after controlling for symptoms of PTSD, depressive symptoms were predicted by perfectionism and lower levels of self-efficacy. Survey responses also suggested high levels of resilience: 43% of responders reported minimal symptoms of PTSD. Although survey responses suggest that many human rights workers are resilient, they also suggest that human rights work is associated with elevated rates of PTSD and depression. The field of human rights would benefit from further empirical research, as well as additional education and training programs in the workplace about enhancing resilience in the context of human rights work. PMID:26700305
The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see the emphasis put on this notion as a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level.
Amon, Joseph; Wurth, Margaret; McLemore, Megan
Between October 2011 and September 2013, we conducted research on the use, by police and/or prosecutors, of condom possession as evidence of intent to engage in prostitution-related offenses. We studied the practice in five large, geographically diverse cities in the U.S. To facilitate our advocacy on this issue, conducted concurrent to and following our research, we developed an advocacy framework consisting of six dimensions: (1) raising awareness, (2) building and engaging coalitions, (3) framing debate, (4) securing rhetorical commitments, (5) reforming law and policy, and (6) changing practice. Using a case study approach, we describe how this framework also provided a basis for the evaluation of our work, and discuss additional considerations and values related to the measurement and evaluation of human rights advocacy.
te Braake, T A
National abortion laws usually do not allow abortion when a foetus is independently viable, i.e. from a gestational age of about 24 weeks. Fetal anomalies, which may be a reason to seek abortion, are sometimes detected only in an advanced stage of pregnancy. National legislatures who want to allow 'late' abortion need to account for the protection the fetus may derive from the European Convention for the protection of human rights. As yet it remains unclear to what extent the fetus can in fact derive protection from the Convention, although several national abortion laws have been tested against it by the European Commission. The significance of the reports of the Commission on the question whether national legislation allowing abortion of a viable fetus is in conflict with the Convention, is explored. It is concluded that there is no European legal standard in terms of duration of pregnancy to which national legislatures are committed.
This article explores the experience of offenders while under probation supervision and analyses the "pains of probation" in connection to rehabilitation aspirations. The article has two main parts. In the first part of the article, the experiences of probationers are examined using thematic analysis, and eight different pains of probation are identified. In the second part of the article, these pains of probation are examined from two different perspectives: human rights and the Good Lives Model. The conclusion is that these two perspectives support each other and can help reduce the frustrations and deprivations experienced by individuals on probation. By implementing these two perspectives, probation services may overcome the obstacles toward desistance and earn more legitimacy in the eyes of probation recipients.
Nour, Nawal M
Marriages in which a child under the age of 18 years is involved occur worldwide, but are mainly seen in South Asia, Africa, and Latin America. A human rights violation, child marriage directly impacts girls' education, health, psychologic well-being, and the health of their offspring. It increases the risk for depression, sexually transmitted infection, cervical cancer, malaria, obstetric fistulas, and maternal mortality. Their offspring are at an increased risk for premature birth and, subsequently, neonatal or infant death. The tradition, driven by poverty, is perpetuated to ensure girls' financial futures and to reinforce social ties. One of the most effective methods of reducing child marriage and its health consequences is mandating that girls stay in school.
Lori, Jody R; Boyle, Joyceen S
Undocumented migration is a global phenomenon that is manifest in diverse contexts. In this article, we examine the situations that precipitate the movement of large numbers of people across several African countries, producing a unique type of undocumented migrant--the refugee. These refugee movements impact already fragile African health care systems and often involve human rights violations that are of particular concern, such as gender-based violence and child soldiers. We use examples from several countries in sub-Saharan Africa, including the Democratic Republic of the Congo, Rwanda, Liberia, Sierra Leone, and Mozambique. Drawing on key documents from the United Nations High Commissioner for Refugees, current research, and our personal international experiences, we provide an overview of forced migration and discuss implications and opportunities for nurses to impact research, practice, and policy related to refugee health.
Nour, Nawal M
Marriages in which a child under the age of 18 years is involved occur worldwide, but are mainly seen in South Asia, Africa, and Latin America. A human rights violation, child marriage directly impacts girls’ education, health, psychologic well-being, and the health of their offspring. It increases the risk for depression, sexually transmitted infection, cervical cancer, malaria, obstetric fistulas, and maternal mortality. Their offspring are at an increased risk for premature birth and, subsequently, neonatal or infant death. The tradition, driven by poverty, is perpetuated to ensure girls’ financial futures and to reinforce social ties. One of the most effective methods of reducing child marriage and its health consequences is mandating that girls stay in school. PMID:19399295
The human right to adequate housing is enshrined in international law. The right to adequate housing can be traced to the Universal Declaration of Human Rights, which was unanimously adopted by the world community in 1948. Since that time, the right to adequate housing has been reaffirmed on numerous occasions and further defined and elaborated. A key component of this right is habitability of housing, which should comply with health and safety standards. Therefore, the right to adequate housing provides an additional tool for advocates and others interested in promoting healthful housing and living conditions and thereby protecting individual and community health. PMID:11988432
The existence of a right to healthcare or, at least, access to healthcare services, is a right that exists in terms of the Bill of Rights in the Constitution of the Republic of South Africa, 1996. This article explores the scope and ambit of the right and its meaning within the context of both of constitutional directives, the duties imposed upon the State to progressively realise the right for its citizens and the practical implications of the right with reference to existing healthcare infrastructure in the Republic of South Africa.
Ryan, John Jake; Rawn, Dorothea F K
Human milk samples were collected from individuals residing in various regions across Canada mostly in the years 1992 to 2005. These included five large cities in southern Canada as well as samples from Nunavik in northern Quebec. Comparative samples were also collected from residents of Austin, Texas, USA in 2002 and 2004. More than 300 milk samples were analysed for the brominated flame retardants (BFRs), PBDEs and HBCD, by extraction, purification and quantification using either isotope dilution gas chromatography-mass spectrometry (GC-MS) or liquid chromatography-MS. The Canadian total PBDE values in the years 2002-2005 show median levels of about 20μg/kg on a lipid basis; a value significantly higher than in the 1980s and 1990s. Milk samples from Inuit donors in the northern region of Nunavik were slightly lower in PBDE concentrations than those from populated regions in the south of Quebec. Milk samples from Ontario contained slightly lower amounts of PBDEs in two time periods than those from Texas. HBCD levels in most milk samples were usually less than 1ppb milk lipid and dominated by the α-isomer. This large data set of BFRs in Canadian human milk demonstrates an increase in the last few decades in human exposure to BFRs which now appears to have stabilized.
Ferguson, Laura; Tarantola, Daniel; Hoffmann, Michael; Gruskin, Sofia
The incorporation of human rights in health policy and programmes is known to strengthen responses to health problems and help address disparities created or exacerbated by illness yet this remains underexplored in relation to non-communicable diseases (NCDs). Aiming to understand existing synergies and how they might be further strengthened, we assessed the extent to which human rights are considered in global NCD policies and strategies and the degree of attention given to NCDs by select United Nations human rights mechanisms. Across global NCD policies and strategies, rhetorical assertions regarding human rights appear more often than actionable statements, thus limiting their implementation and impact. Although no human rights treaty explicitly mentions NCDs, some human rights monitoring mechanisms have been paying increasing attention to NCDs. This provides important avenues for promoting the incorporation of human rights norms and standards into NCD responses as well as for accountability. Linking NCDs and human rights at the global level is critical for encouraging national-level action to promote better outcomes relating to both health and human rights. The post-2015 development agenda constitutes a key entry point for highlighting these synergies and strengthening opportunities for health and rights action at global, national and local levels.
Uberoi, Diya; de Bruyn, Maria
States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights.
Abstract Context The right to health requires States to achieve the highest standard of health attainable for all. A culturally sensitive approach is needed to respect States’ interpretation and implementation of the universal right to health, and document their progress. Objective This viewpoint suggests how to harmonize the (i) human right to health and (ii) the particularism of State values and interests. Strategy I describe the ‘thickness’ with which individual States recognize the right to health, as a dimension of universality, and then implement that recognition, as a dimension of particularism. Recognition and implementation by States need to be thick to demonstrate ‘glocal’ rationality, as characterizes the right to health as a Webberian ideal type. Examples of variation in the thickness of States’ interpretation and implementation of the right to health are discussed. Conclusion It is possible to work towards harmonizing the right to health, and State particularism, by maximizing the thickness with which individual States recognize this right and progressively implement it. PMID:21366808
Groen, Janet; Hyland-Russell, Tara
This article examines the community-university partnerships and the planning process of three Canadian Radical Humanities programs: programs that offer university entry-level humanities to adult learners on the margins of society. Examining these three iterations has revealed the significance of program origins, particularly the introduction of…
Some African leaders have made the argument that the promotion of an international human rights standard is a strategy that is used and abused by hypocritical Western governments to justify their intervention into the affairs of African countries. The tacit objective behind this articulation is the desire to avoid an external evaluation or…
Pahlman, I; Tohmo, H; Gylling, H
The 2009 influenza A/H1N1 pandemic seems to be only moderately severe. In the future, a pandemic influenza with high lethality, such as the Spanish influenza in 1918-1919 or even worse, may emerge. In this kind of scenario, lethality rates ranging roughly from 2% to 30% have been proposed. Legal and ethical issues should be discussed before the incident. This article aims to highlight the legal, ethical and professional aspects that might be relevant to anaesthesiologists in the case of a high-lethality infectious disease such as a severe pandemic influenza. The epidemiology, the role of anaesthesiologists and possible threats to the profession and colleagueship within medical specialties relevant to anaesthesiologists are reviewed. During historical plague epidemics, some doctors have behaved like 'deserters'. However, during the Spanish influenza, physicians remained at their jobs, although many perished. In surveys, more than half of the health-care workers have reported their willingness to work in the case of severe pandemics. Physicians have the same human rights as all citizens: they have to be effectively protected against infectious disease. However, they have a duty to treat. Fair and responsible colleagueship among the diverse medical specialties should be promoted. Until disaster threatens humanity, volunteering to work during a pandemic might be the best way to ensure that physicians and other health-care workers stay at their workplace. Broad discussion in society is needed.
Fraenkel, Jack R., Ed.; And Others
Intended for junior or senior high school students, this pamphlet examines the status of the world community in upholding the promise of the United Nations'"Universal Declaration of Human Rights" of 1948. The five chapters include definitions for a human being, and discussions of human rights and whether laws and treaties are effective…
du Preez, Petro; Becker, Anne
In light of growing critique of human rights and human rights education, this article explores ontologies of human rights, the possibilities they present for dissensus and how this could influence human rights education in post-conflict education contexts towards reconciliation. We draw on Dembour's (2010) categorisation of the different schools…
Cole, Wade M
What motivates compliance with "toothless" international human rights norms? This article analyzes the effectiveness of procedures that allow individuals to petition an international human rights body, the Human Rights Committee, alleging state abuse of their treaty-protected rights under the International Covenant on Civil and Political Rights. Using methodological tools that account for selection biases arising from a country's decision to authorize petitions and its subsequent propensity to be targeted by abuse claims, I find that basic civil rights and religious freedoms improved after states were found to have violated their human rights treaty obligations, whereas physical integrity abuses such as disappearances and extrajudicial killing were somewhat more impervious to change. These findings are interpreted with reference to the concept of "coupling" as borrowed from organizational sociology, and their implications for treaty design and enforcement are considered.
Raben, N; Exelbert, R; Spiegel, R; Sherman, J B; Nakajima, H; Plotz, P; Heinisch, J
Human phosphofructokinase (PFK) is a tetrameric enzyme, encoded by muscle, liver, and platelet genes. Deficiency of muscle PFK (PFK-M), glycogenosis type VII (Tarui disease), is an autosomal recessive disorder characterized by an exertional myopathy and hemolytic syndrome. Several disease-causing mutations have been identified in the PFK-M gene in Japanese, Ashkenazi Jewish, and Italian patients. We describe the genetic defects in French Canadian and Swiss patients with the disease, and we use a genetically well-defined yeast system devoid of endogenous PFK for structure-function studies of the mutant PFKs. A G-to-A transition at codon 209-in exon 8 of the PFK-M gene, changing an encoded Gly to Asp, is responsible for the disease in a homozygous French Canadian patient. Gly-209-mutated protein is completely inactive in the yeast system. The Swiss patient is a genetic compound, carrying a G-to-A transition at codon 100 in exon 6 (Arg to Gln) and a G-to-A transition at codon 696 in exon 22 (Arg to His). The mutants expressed in yeast generate functional enzyme with modest changes in thermal stability. The advantages and limitations of the yeast system for expression of human mutant PFKs are discussed. Images Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 PMID:7825568
Chastonay, Philippe; Zesiger, Véronique; Ferreira, Jackeline; Mpinga, Emmanuel Kabengele
Background Training health professionals in the field of human rights has long been advocated by the United Nations. Over the past decade some medical schools have introduced health and human rights courses, yet by far not all. This paper describes the objectives and the content of the Health and Human Rights program developed at the Faculty of Medicine, University of Geneva. Methods The health and human rights program was developed through the identification of the course objectives, contents, and educational modalities using consensus techniques, and through a step by step implementation procedure integrating multiple evaluation processes. Results Defined objectives included the familiarization with the concepts, instruments and mechanisms of human rights, the links between health and human rights, and the role of health professionals in promoting human rights. The content ultimately adopted focused on the typology of human rights, their mechanisms of protection, their instruments, as well as social inequalities and vulnerable groups of the population. The implementation proceeded through a step by step approach. Evaluation showed high satisfaction of students, good achievement of learning objectives, and some academic and community impact. Conclusions High interest of students for a human rights course is encouraging. Furthermore, the community projects initiated and implemented by students may contribute to the social responsibility of the academic institution. PMID:26451186
Thoms, Oskar NT; Ron, James
Although epidemiology is increasingly contributing to policy debates on issues of conflict and human rights, its potential is still underutilized. As a result, this article calls for greater collaboration between public health researchers, conflict analysts and human rights monitors, with special emphasis on retrospective, population-based surveys. The article surveys relevant recent public health research, explains why collaboration is useful, and outlines possible future research scenarios, including those pertaining to the indirect and long-term consequences of conflict; human rights and security in conflict prone areas; and the link between human rights, conflict, and International Humanitarian Law. PMID:18005430
Libal, Kathryn; Parekh, Serena
Evan Stark claims that partner-perpetrated physical abuse and other forms of violence against women ought to be understood as a human rights violation. The authors engage Stark's rhetorically powerful political and analytical innovation by outlining one theoretical and one practical challenge to shifting the paradigm that researchers, advocates, and policy makers use to describe, explain, and remedy the harms of coercive control from misdemeanor assault to human rights violation. The theoretical challenge involves overcoming the public/ private dichotomy that underpins liberal conceptions of human rights.The practical challenge involves using the human rights framework in the United States, given public indifference to human rights rhetoric or law, reluctance of U.S. policy makers to submit to scrutiny or justice-oriented processes under international law on issues of human rights and especially war crimes, and the consequent U.S. legacy of refusal to participate meaningfully in the international human rights process. The authors conclude that employing a human rights framework holds potential in the United States, but the paradigm shift Stark advocates will not materialize without widespread mobilization of interest in and understanding of human rights among domestic violence advocates and the society in general.
Meier, Benjamin Mason; Ayala, Ana S
In the absence of centralized human rights leadership in an increasingly fragmented global health policy landscape, regional health offices have stepped forward to advance the rights-based approach to health. Reviewing the efforts of the Pan American Health Organization (PAHO), this article explores the evolution of human rights in PAHO policy, assesses efforts to mainstream human rights in the Pan American Sanitary Bureau (PASB), and analyzes the future of the rights-based approach through regional health governance, providing lessons for other regional health offices and global health institutions. This article explores PAHO's 15-year effort to mainstream human rights through PASB technical units, national capacity-building, the Inter-American human rights system, and the PAHO Directing Council. Through documentary analysis of PAHO policies and semi-structured interviews with key PASB stakeholders, the authors analyze the understandings and actions of policymakers and technical officers in implementing human rights through PAHO governance. Analyzing the themes arising from this narrative, the authors examine the structural role of secretariat leadership, state support, legal expertise, and technical unit commitment in facilitating a rights-based approach to the health in the Americas. Human rights are increasingly framing PAHO efforts, and this analysis of the structures underlying PAHO's approach provides an understanding of the institutional determinants of the rights-based approach to health, highlighting generalizable themes for the mainstreaming of human rights through regional health governance. With this regional-level understanding of health governance, future national-level research can begin to understand the causal forces linking regional human rights work with national policy reforms and public health outcomes.
Palmer, Alexis; Tomkinson, Jocelyn; Phung, Charlene; Ford, Nathan; Joffres, Michel; Fernandes, Kimberly A; Zeng, Leilei; Lima, Viviane; Montaner, Julio S G; Guyatt, Gordon H; Mills, Edward J
Human-rights treaties indicate a country's commitment to human rights. Here, we assess whether ratification of human-rights treaties is associated with improved health and social indicators. Data for health (including HIV prevalence, and maternal, infant, and child [<5 years] mortalities) and social indicators (child labour, human development index, sex gap, and corruption index), gathered from 170 countries, showed no consistent associations between ratification of human-rights treaties and health or social outcomes. Established market economy states had consistently improved health compared with less wealthy settings, but this was not associated with treaty ratification. The status of treaty ratification alone is not a good indicator of the realisation of the right to health. We suggest the need for stringent requirements for ratification of treaties, improved accountability mechanisms to monitor compliance of states with treaty obligations, and financial assistance to support the realisation of the right to health.
Guillerm, N; Cesari, G
Clean air is one of the basic requirements of human health and well-being. However, almost nine out of 10 individuals living in urban areas are affected by air pollution. Populations living in Africa, South-East Asia, and in low- and middle-income countries across all regions are the most exposed. Exposure to outdoor air pollution ranks as the ninth leading risk factor for mortality, killing 3.2 million people each year, especially young children, the elderly, persons with lung or cardiovascular disease, those who work or exercise outdoors and low-income populations. In October 2013, the International Agency for Research on Cancer (IARC) classified outdoor air pollution as carcinogenic to humans, calling air pollution 'a major environmental health problem'. Human rights and environmental norms are powerful tools to combat air pollution and its impact on health. The dependence of human rights on environmental quality has been recognised in international texts and by human rights treaty bodies. The growing awareness of the environment has already yielded considerable legislative and regulatory output. However, the implementation of standards remains a pervasive problem. In the fight against violations of norms, citizens have a crucial role to play. We discuss the relevance of a yet to be proclaimed standalone right to a healthy environment.
This paper examines the contribution of human rights education (HRE) to conflict prevention and to the promotion of security. It outlines the difficulties in evaluating the long-term impact of HRE, but then proposes five benefits of a rights-based approach to education--rights as secular, man-made, requiring transparency, enabling freedom from…
Tollett, Kenneth S.
This paper begins with the theme that because education is so important to the exercise of one's fundamental rights and to personal, social, cultural, political, economic, and human development, it is one of the unenumerated rights retained by the American people through Amendment IX of the Bill of Rights. After arguing for the proposition that…
This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…
Goodwin-Gill, Guy S.
Places migrants and refugees within the human rights context, contrasting inalienable rights with the demands of sovereignty, and juxtaposing the two in a context of existing and developing international standards. Shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights is to be maintained.…
Meier, Benjamin Mason; Brugh, Kristen Nichole; Halima, Yasmin
Given current constraints on universal treatment campaigns, recent advances in public health prevention initiatives have revitalized efforts to stem the tide of HIV transmission. Yet, despite a growing imperative for prevention—supported by the promise of behavioral, structural and biomedical approaches to lower the incidence of HIV—human rights frameworks remain limited in addressing collective prevention policy through global health governance. Assessing the evolution of rights-based approaches to global HIV/AIDS policy, this review finds that human rights have shifted from collective public health to individual treatment access. While the advent of the HIV/AIDS pandemic gave meaning to rights in framing global health policy, the application of rights in treatment access litigation came at the expense of public health prevention efforts. Where the human rights framework remains limited to individual rights enforced against a state duty bearer, such rights have faced constrained application in framing population-level policy to realize the public good of HIV prevention. Concluding that human rights frameworks must be developed to reflect the complementarity of individual treatment and collective prevention, this article conceptualizes collective rights to public health, structuring collective combination prevention to alleviate limitations on individual rights frameworks and frame rights-based global HIV/AIDS policy to assure research expansion, prevention access and health system integration. PMID:23226723
In 2011 it emerged that to induce the death penalty, United States authorities had begun giving injections of pentobarbital, a substance provided by Danish pharmaceutical company Lundbeck. Lundbeck's product pentobarbital is licensed for treatment of refractory forms of epilepsy and for usage as an anaesthetic, thus for a very different purpose. The Lundbeck case offers a difficult, but also interesting Corporate Social Responsibility (CSR) dilemma between choices facing a pharmaceutical company to stop the distribution of a medical substance in order to avoid complicity in human rights violations, or to retain distribution of the substance in order not to impede access to the medicine for those patients who need it. The dilemma arose at a time when the United Nations (UN) Secretary General's Special Representative on Business and Human Rights, Professor John Ruggie, was finalizing a set of Guiding Principles to operationalize recommendations on business and human rights that he had presented to the UN Human Rights Council in 2008. The article discusses the dilemma in which Lundbeck was placed in from the perspective of the Guiding Principles on business and human rights and the 2008 Protect, Respect, Remedy UN Framework. The analysis seeks to assess what guidance may be gauged from the Guiding Principles in relation to the dilemma at hand and discusses the adequacy the Guiding Principles for dealing with acute human rights dilemmas of conflicting requirements in which a decision to avoid one type of violation risks causing violation of another human right. The article concludes by drawing up perspectives for further development of guidance on implementation of the UN Framework that could be considered by the newly established Working Group on Business and Human Rights and related UN bodies.
This article considers the role of traditional conceptions of human rights in relation to the challenges posed by community treatment orders (CTOs). It explores how traditional rights discourse in mental health, which has focused on the rights of liberty and autonomy, is to be located within the landscape of community-based mental health law. Using jurisprudence arising under the European Convention on Human Rights, it identifies the limitations of traditional rights in this context. However, it argues that traditional concepts such as liberty and privacy still have a role to play.
Tasioulas, John; Vayena, Effy
This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that (1) the individuation of the right to health is fixed by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and (2) the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations-including the promotion of health-related global public goods-should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria.
In 2008, the Vermont Workers' Center launched the "Healthcare Is a Human Right Campaign," a grassroots campaign to secure the creation of a universal health care system in Vermont. Campaign organizers used a human rights framework to mobilize thousands of voters in support of universal health care. In response to this extraordinary grassroots effort, the state legislature passed health care legislation that incorporates human rights principles into Vermont law and provides a framework for universal health care. The United States has often lagged behind other nations in recognizing economic, social, and cultural (ESC) rights, including the right to health. Nonetheless, activists have begun to incorporate ESC rights into domestic advocacy campaigns, and state and local governments are beginning to respond where the federal government has not. Vermont serves as a powerful example of how a human rights framework can inform health care policy and inspire grassroots campaigns in the United States. This three-part article documents the Vermont Workers' Center campaign and discusses the impact that human rights activity at the grassroots level may have on attitudes towards ESC rights in the United States. The first part describes the Vermont health care crisis and explains why the center adopted international human rights principles for their campaign. The article then goes on to discuss the three-year campaign and analyze the health care reform bill that the Vermont legislature passed. Finally, the article discusses the campaign's local and national impact.
Homophobic and transphobic bullying in schools can have a serious effect on children and young people subjected to it at a crucial moment in their lives. It is an obstacle to the right to education, which is one of the basic universal human rights enshrined in the Universal Declaration of Human Rights and various United Nations Conventions. This…
Evans, Barbara J
This article explores whether laws that restrict the communication of genetic test results may, under certain circumstances, violate the First Amendment to the U.S. Constitution. The focus is whether investigators have a right to return results from non-CLIA-certified laboratories in situations where a research participant requests the results and the investigator is willing to share them but is concerned that doing so may violate regulations under the Clinical Laboratory Improvement Amendments of 1988 ("CLIA"). This article takes no position on whether investigators can be compelled to return results when they do not wish to do so. It examines only whether investigators may, not whether they must, return results to a willing research participant. The article: (1) surveys state and federal laws that block communication of genetic test results to research participants; (2) examines the historical use of speech restrictions as a tool for protecting human research subjects; (3) traces how First Amendment doctrine has evolved since the 1970s when foundations of modern research bioethics were laid; (4) inquires whether recent bioethical and policy debate has accorded due weight to the First Amendment. The article applies two common methods of legal analysis, textual and constitutional analysis. It concludes that the CLIA regulations, when properly construed, do not treat the return of results as an event that triggers CLIA's certification requirements. Moreover, there is a potential First Amendment problem in construing CLIA's research exception in a way that bans the return of results from non-CLIA-certified laboratories.
Dittrich, Boris O
International human rights apply to all people, including lesbian, gay, bisexual and transgender persons. But up until recently, there was no document that explained these rights specifically as they relate to sexual orientation and gender identity. In this article, based on his presentation at a concurrent session at the conference, Boris Dittrich describes the development of the Yogyakarta Principles, which not only list the rights involved, but also provide recommendations to states (and others) concerning how the rights should implemented.
Human Rights Discourse in the Sustainable Development Agenda Avoids Obligations and Entitlements Comment on "Rights Language in the Sustainable Development Agenda: Has Right to Health Discourse and Norms Shaped Health Goals?".
Williams, Carmel; Blaiklock, Alison
Our commentary on Forman et al paper explores their thesis that right to health language can frame global health policy responses. We examined human rights discourse in the outcome documents from three 2015 United Nations (UN) summits and found rights-related terms are used in all three. However, a deeper examination of the discourse finds the documents do not convey the obligations and entitlements of human rights and international human rights law. The documents contain little that can be used to empower the participation of those already left behind and to hold States and the private sector to account for their human rights duties. This is especially worrying in a neoliberal era.
School Libraries in Canada, 2003
Includes 22 articles that address Canadian history and the importance of having students honor Canada's past by providing articles relating to the areas of History and Social Studies covering: historical fiction as instructional material; Canadian scientists; agricultural fairs; the Historical Foundation; social science books on Canada; student…
Perlin, Michael L; Dlugacz, Henry A
Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions-even in nations where such conventions have not been ratified-as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this
Tobin Tyler, Elizabeth
Much of the discussion about "health as a human right" has centered on global health initiatives, largely ignoring the application of human rights principles to the significant socioeconomic and racial health disparities in the United States. Given the persistent gaps in insurance coverage and access to quality preventive care in the US, the health and human rights movement has primarily focused its efforts on achieving universal health care coverage. However, this focus has left unaddressed how a human rights strategy might also address the social determinants of health. As Americans' health continues to worsen-the US Institute of Medicine recently reported that the US now fares worse in nine areas of health than 16 peer high-income democracies--a broader social determinants approach is warranted. This article explores the application of international human rights principles, including a "right to health" to the US context, and analyzes how existing domestic law may be used to advance health as a human right for America's most vulnerable populations. It demonstrates that an effective health and human rights strategy must build partnerships among health care providers, public health professionals, and lawyers to identify rights violations, hold officials and systems accountable, and mobilize communities to advocate for systems and policy change.
Meier, Benjamin Mason; Gelpi, Adriane; Kavanagh, Matthew M; Forman, Lisa; Amon, Joseph J
Introduction The scale of the HIV pandemic – and the stigma, discrimination and violence that surrounded its sudden emergence – catalyzed a public health response that expanded human rights in principle and practice. In the absence of effective treatment, human rights activists initially sought to protect individuals at high risk of HIV infection. With advances in antiretroviral therapy, activists expanded their efforts under international law, advocating under the human right to health for individual access to treatment. Discussion As a clinical cure comes within reach, human rights obligations will continue to play a key role in political and programmatic decision-making. Building upon the evolving development and implementation of the human right to health in the global response to HIV, we outline a human rights research agenda to prepare for HIV cure access, investigating the role of human rights law in framing 1) resource allocation, 2) international obligations, 3) intellectual property and 4) freedom from coercion. Conclusions The right to health is widely recognized as central to governmental, intergovernmental and non-governmental responses to the pandemic and critical both to addressing vulnerability to infection and to ensuring universal access to HIV prevention, treatment, care and support. While the advent of an HIV cure will raise new obligations for policymakers in implementing the right to health, the resolution of past debates surrounding HIV prevention and treatment may inform claims for universal access. PMID:26568056
Khosla, Rajat; Van Belle, Nuna; Temmerman, Marleen
Introduction The right to sexual and reproductive health (SRH) is an essential part of the right to health and is dependent upon substantive equality, including freedom from multiple and intersecting forms of discrimination that result in exclusion in both law and practice. Nonetheless, general and specific SRH needs of women living with HIV are often not adequately addressed. For example, services that women living with HIV need may not be available or may have multiple barriers, in particular stigma and discrimination. This study was conducted to review United Nations Human Rights Council, Treaty Monitoring Bodies and Special Rapporteur reports and regional and national mechanisms regarding SRH issues of women living with HIV. The objective is to assess areas of progress, as well as gaps, in relation to health and human rights considerations in the work of these normative bodies on health and human rights. Methods The review was done using keywords of international, regional and national jurisprudence on findings covering the 2000 to 2014 period for documents in English; searches for the Inter-American Commission on Human Rights and national judgments were also conducted in Spanish. Jurisprudence of UN Treaty Monitoring Bodies, regional mechanisms and national bodies was considered in this regard. Results and discussion In total, 236 findings were identified using the search strategy, and of these 129 were selected for review based on the inclusion criteria. The results highlight that while jurisprudence from international, regional and national bodies reflects consideration of some health and human rights issues related to women living with HIV and SRH, the approach of these bodies has been largely ad hoc and lacks a systematic integration of human rights concerns of women living with HIV in relation to SRH. Most findings relate to non-discrimination, accessibility, informed decision-making and accountability. There are critical gaps on normative standards
Williams, Carmel; Blaiklock, Alison
Our commentary on Forman et al paper explores their thesis that right to health language can frame global health policy responses. We examined human rights discourse in the outcome documents from three 2015 United Nations (UN) summits and found rights-related terms are used in all three. However, a deeper examination of the discourse finds the documents do not convey the obligations and entitlements of human rights and international human rights law. The documents contain little that can be used to empower the participation of those already left behind and to hold States and the private sector to account for their human rights duties. This is especially worrying in a neoliberal era. PMID:27285518
Schmidt, Janet; Manson, Patrick
Addresses human rights education (HRE) for young learners stressing the centrality of the Universal Declaration of Human Rights and the Convention on the Rights of the Child. Illustrates the use of HRE within history, geography, world cultures, and literature. Believes that HRE begins by creating a human rights community in the classroom. (CMK)
Remarkable progress has been made towards the recognition of sexual minority rights in Africa. At the same time, a marked increase in attacks, rhetorical abuse, and restrictive legislation against sexual minorities or ‘homosexuality’ makes activism for sexual rights a risky endeavour in many African countries. Campaigns for sexual rights and ‘coming out’ are frequently perceived as a form of Western cultural imperialism, leading to an exportation of Western gay identities and provoking a patriotic defensiveness. Cultures of quiet acceptance of same-sex relationships or secretive bisexuality are meanwhile also problematic given the high rate of HIV prevalence on much of the continent. This article examines specific initiatives that are using subtle, somewhat covert means to negotiate a path between rights activism and secretive bisexuality. It argues that strategies primarily focused on health concerns that simultaneously yet discreetly promote sexual rights are having some success in challenging prevalent homophobic or ‘silencing’ cultures and discourses.
Sounoglou, Marina; Michalopoulou, Aikaterini
This study examines the human rights and the notion of citizenship under the prism of pedagogical science. The methodology that was followed was the experimental method. In a sample of 100 children-experimental group and control group held an intervention program with deepening axes of human rights and the concept of citizenship. The analysis of…
Blaser, Arthur W.
This paper reviews research on international nongovernmental organizations dealing with human rights (INGOs), and interprets this research in light of the overlap of the fields of organizational theory (including group theory) and human rights. The purpose is to contribute toward a useful exchange between social scientists who seek to explain…
Schumm, Walter R
Daniel Price in his analysis of Islamic Political Culture and Human Rights concluded that "... government rooted in Islam does not facilitate the abuse of human rights." A re-analysis of his data for 23 Islamic governments demonstrates otherwise. There is a significant trend (p<.03), despite the low statistical power available in only 23 cases, for an inverted quadratic relationship between Islamic Political Culture and Human Rights. Among the nations scoring low on Islamic Political Culture, the correlation between the two variables is -.01 (ns); among those scoring high on Islamic Political Culture, the correlation shifts to -.78 (p<.02). At lower scores for Islamic Political Culture, there may indeed be little relationship between Political Culture and Human Rights; however, at higher scores there appears to be a significant relationship between increasing Islamic Political Culture and a decline in Human Rights. The data suggest that extreme applications of Sharia law (if not any secular or religious legal system) may have serious implications for human rights--or at least, Western Euro-American conceptualizations of human rights. At the same time, support for human rights may increase as Islamic governments shift from mostly secular to moderate applications of Islamic law.
Spero, Andrea McEvoy
Urban youth in the United States often experience daily human rights violations such as racism and violence. Therefore, Human Rights Education (HRE) can strengthen their understanding of these issues and unleash their power to act toward positive change. This qualitative study attempted to gain a deeper understanding of the use of performance arts…
Mandry, Antonia Dorothea
This dissertation examines diverse pedagogic approaches to teaching human rights and citizenship at the university level and how a particular academic community perceives of and engages with human rights and citizenship discourse. Based on fieldwork conducted at Sabanci University in Turkey, I explore how students and educators draw on, modify and…
Toledo, Maria Isabel; Magendzo, Abraham; Gazmuri, Renato
Incorporating recent history into the educational curricula of countries that have experienced human rights violations combines the complexities of teaching history, teaching recent history, and human rights education. Recent history makes a historical analysis of social reality and a historiographical analysis of the immediate. It is located…
Goldstein, Ricki; Sarna, Shirley
These documents are designed to introduce students to some of the fundamental concepts, principles, and values of human rights and to a basic knowledge of human rights legal instruments as they apply to daily lives. Student handbook 1 is a series of lessons and activities that stimulate reading and discussion around the following ideas: What is a…
There is a globalization trend in teacher education, emphasizing the role of teachers to make judgments based on human rights in their teaching profession. Rather than emphasizing the epistemological dimension of acquiring knowledge "about" human rights through teacher education, an ontological dimension is emphasized in this paper of…
Porsdam Mann, Sebastian; Bradley, Valerie J; Sahakian, Barbara J
The incidence of human rights violations in mental health care across nations has been described as a "global emergency" and an "unresolved global crisis." The relationship between mental health and human rights is complex and bidirectional. Human rights violations can negatively impact mental health. Conversely, respecting human rights can improve mental health. This article reviews cases where an explicitly human rights-based approach was used in mental health care settings. Although the included studies did not exhibit a high level of methodological rigor, the qualitative information obtained was considered useful and informative for future studies. All studies reviewed suggest that human-rights based approaches can lead to clinical improvements at relatively low costs. Human rights-based approaches should be utilized for legal and moral reasons, since human rights are fundamental pillars of justice and civilization. The fact that such approaches can contribute to positive therapeutic outcomes and, potentially, cost savings, is additional reason for their implementation. However, the small sample size and lack of controlled, quantitative measures limit the strength of conclusions drawn from included studies. More objective, high quality research is needed to ascertain the true extent of benefits to service users and providers.
Gillespie, Diane; Melching, Molly
This case study analyzes the introduction of democracy and human rights into the educational program of Tostan, a nongovernmental organization working in Africa. The authors show how Tostan's original educational approach created a meaningful context for integrating democracy and human rights into its curriculum, a process that took place from…
This paper is set in the context of the political problems facing Northern Ireland and the educational responses to these problems. It focuses on the importance of globally accepted human rights values to a divided society and the role of education in promulgating these. The paper discusses the methodology of human rights education in the light of…
Human Rights Education (HRE) has traditionally been articulated in terms of cultivating better citizens or world citizens. The main preoccupation in this strand of HRE has been that of bridging a gap between universal notions of a human rights subject and the actual locality and particular narratives in which students are enmeshed. This…
Highlights the events of the past 50 years concerning the Universal Declaration of Human Rights that is the first document in human history to codify rights that apply to every person regardless of citizenship in a particular country. Explains why the United States does not comprehend the value of the declaration. (CMK)
The United Nations Decade for Human Rights Education (1995-2004) set in motion both formal and informal activities to promote the development of respect for human rights culture through education worldwide. It is said that knowledge is power and ignorance cannot be a defence. But the maxim that says ignorance of the law is no defence is in itself…
... of Certain Persons With Respect to Human Rights Abuses in Syria By the authority vested in me as..., and in Executive Order 13460 of February 13, 2008, finding that the Government of Syria's human rights abuses, including those related to the repression of the people of Syria, manifested most recently by...
Zembylas, Michalinos; Charalambous, Panayiota; Charalambous, Constadina; Lesta, Stalo
The present article aims to examine the interplay between the transnational discourses of human rights and the particularities of local constructions and conceptualisations of human rights within the context of an ethnically divided society, Cyprus. Specifically, this interplay is examined through a qualitative study of Greek-Cypriot primary…
Gammonley, Denise; Rotabi, Karen Smith; Forte, Janett; Martin, Amanda
Advancement of human rights is a core competency in the social work curriculum. Presented is a model to teach policy practice from a human rights perspective based on a violence-against-women delegation visit to Guatemala. Postdelegation policy advocacy responses included White House and State Department briefings on the problems, including…
This article examines the moral, political and pedagogical tensions that are created from the entanglement of patriotism and human rights, and sketches a response to these tensions in the context of critical education. The article begins with a brief review of different forms of patriotism, especially as those relate to human rights, and explains…
Print, Murray; Ugarte, Carolina; Naval, Concepcion; Mihr, Anja
Moral education can take many forms. With the end of the United Nations Decade for Human Rights Education (UNDHRE) (1995-2004), we critically review developments in human rights education (HRE) during those ten years in the context of moral education. We argue that, despite some modest successes, the decade lacked direction and a major impact and…
In 2001, a 3-month course in human rights based on critical inquiry was offered to 8th graders in a slum area of Santo Domingo. The students' attitudes, behaviors and knowledge of human rights principles were measured before and after the course. The curriculum focused on international principles and entrenched local problems such as…
Cayir, Kenan; Bagli, Melike Turkan
The incorporation of compulsory courses on human rights into the secondary school curriculum in 1998 has been an important first step in developing respect for human rights and responsibilities among the younger generation in Turkey. Yet, these courses have many shortcomings in terms of materials, pedagogy and teacher attitudes. This paper…
Dunkerly-Bean, Judith; Bean, Thomas; Alnajjar, Khaled
The purpose of this study was to explore middle school (grade 6-8) students' understanding and interpretation of human rights issues with local and global implications as they engaged in the process of creating a film after reading print and multimedia texts and participating in human rights education activities. As the students explored…
Salcito, Kendyl; Utzinger, Jürg; Krieger, Gary R; Wielga, Mark; Singer, Burton H; Winkler, Mirko S; Weiss, Mitchell G
As globalisation has opened remote parts of the world to foreign investment, global leaders at the United Nations and beyond have called on multinational companies to foresee and mitigate negative impacts on the communities surrounding their overseas operations. This movement towards corporate impact assessment began with a push for environmental and social inquiries. It has been followed by demands for more detailed assessments, including health and human rights. In the policy world the two have been joined as a right-to-health impact assessment. In the corporate world, the right-to-health approach fulfils neither managers' need to comprehensively understand impacts of a project, nor rightsholders' need to know that the full suite of their human rights will be safe from violation. Despite the limitations of a right-to-health tool for companies, integration of health into human rights provides numerous potential benefits to companies and the communities they affect. Here, a detailed health analysis through the human rights lens is carried out, drawing on a case study from the United Republic of Tanzania. This paper examines the positive and negative health and human rights impacts of a corporate operation in a low-income setting, as viewed through the human rights lens, considering observations on the added value of the approach. It explores the relationship between health impact assessment (HIA) and human rights impact assessment (HRIA). First, it considers the ways in which HIA, as a study directly concerned with human welfare, is a more appropriate guide than environmental or social impact assessment for evaluating human rights impacts. Second, it considers the contributions HRIA can make to HIA, by viewing determinants of health not as direct versus indirect, but as interrelated.
This article provides the background to an analysis of the Human Rights in Healthcare Programme in England and Wales. Using evidence from source materials, summary publications, and official reports, it charts a small but important change in the relationship between health and human rights and shows how a small number of National Health Service organizations used a human rights-based approach (HRBA) to develop resources aimed at improving the quality of health services and health outcomes. Through a case study of one participating organization, it examines the development of approaches to measuring the outcomes and impacts of HRBAs. The article argues that because of the way the Programme was set up, it is not likely to provide the level of evidence of impact required to bring about a profound change in the relationship between human rights and health care. There is a need for a different approach that considers the big human rights questions that need to be asked.
State authorities invested in developing official expert discourses and practices to deny torture in post-1980 coup d'état Turkey. Documentation of torture was therefore crucial for the incipient human rights movement there in the 1980s. Human rights physicians used their expertise not only to treat torture victims but also to document torture and eventually found the Human Rights Foundation of Turkey (HRFT) in 1990. Drawing on an ethnographic and archival research at the HRFT, this article examines the genealogy of anti-torture struggles in Turkey and argues that locally mediated intimacies and/or hostilities between victims of state violence, human rights physicians, and official forensics reveal the limitations of certain universal humanitarian and human rights principles. It also shows that locally mediated long-term humanitarian encounters around the question of political violence challenge forensic denial of violence and remake the legitimate levels of state violence.
Cottingham, Jane; Germain, Adrienne; Hunt, Paul
In this report, we describe how human rights can help to shape laws, policies, programmes, and projects in relation to contraceptive information and services. Applying a human rights perspective and recognising the International Conference on Population and Development and Millennium Development Goal commitments to universal access to reproductive health including family planning, we support measurement of unmet need for family planning that encompasses more groups than has been the case until recently. We outline how human rights can be used to identify, reduce, and eliminate barriers to accessing contraception; the ways in which human rights can enhance laws and policies; and governments' legal obligations in relation to contraceptive information and services. We underline the crucial importance of accountability of states and identify some of the priorities for making family planning available that are mandated by human rights.
Evans, Barbara J.
This article explores whether laws that restrict the communication of genetic test results may, under certain circumstances, violate the First Amendment to the U.S. Constitution. The focus is whether investigators have a right to return results from non-CLIA-certified laboratories in situations where a research participant requests the results and the investigator is willing to share them but is concerned that doing so may violate regulations under the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”). This article takes no position on whether investigators can be compelled to return results when they do not wish to do so. It examines only whether investigators may, not whether they must, return results to a willing research participant. The article: (1) surveys state and federal laws that block communication of genetic test results to research participants; (2) examines the historical use of speech restrictions as a tool for protecting human research subjects; (3) traces how First Amendment doctrine has evolved since the 1970s when foundations of modern research bioethics were laid; (4) inquires whether recent bioethical and policy debate has accorded due weight to the First Amendment. The article applies two common methods of legal analysis, textual and constitutional analysis. It concludes that the CLIA regulations, when properly construed, do not treat the return of results as an event that triggers CLIA’s certification requirements. Moreover, there is a potential First Amendment problem in construing CLIA’s research exception in a way that bans the return of results from non-CLIA-certified laboratories. PMID:25473380
The development of the health and human rights framework coincided with the beginning of the rapid spread of HIV/AIDS. Since then, the international community has increasingly turned to human rights language and instruments to address the disease. Not only are human rights essential to addressing a disease that impacts marginalized groups most severely, but the spread of HIV/AIDS itself exacerbates inequality and impedes the realization of a range of human rights. Policy developments of the past decade include the United Nations (UN) Committee on Economic, Social and Cultural Rights' General Comment on the 'Right to Health', the UN Declaration of Commitment on HIV/AIDS, and the UN's International Guidelines on HIV/AIDS and Human Rights, among others. Rights-related setbacks include the failure of the Declaration and its 5-year follow-up specifically to address men who have sex with men, sex workers, and intravenous drug users, political restrictions placed on urgently needed US President's Emergency Plan for AIDS Relief (PEPFAR) funds, and the failure of many countries to decriminalize same-sex sex and outlaw discrimination against people living with HIV/AIDS. Male circumcision as an HIV prevention measure is a topic around which important debate, touching on gender, informed consent and children's rights, serves to illustrate the ongoing vitality of the health and human rights dialogue. Mechanisms to increase state accountability for addressing HIV/AIDS should be explored in greater depth. Such measures might include an increase in the use of treaty-based judicial mechanisms, the linking of human rights compliance with preferential trade agreements, and rights requirements tied to HIV/AIDS funding.
Mason Meier, Benjamin; Chakrabarti, Averi
The Kingdom of Bhutan is seeking to progressively realize the human right to health without addressing the cross-cutting human rights principles essential to a rights-based approach to health. Through a landscape analysis of the Bhutanese health system, documentary review of Bhutanese reporting to the United Nations human rights system, and semi-structured interviews with health policymakers in Bhutan, this study examines the normative foundations of Bhutan's focus on "a more meaningful purpose for development than just mere material satisfaction." Under this development paradigm of Gross National Happiness, the Bhutanese health system meets select normative foundations of the right to health, seeking to guarantee the availability, accessibility, acceptability, and quality of health care and underlying determinants of health. However, where Bhutan continues to restrict the rights of minority populations-failing to address the ways in which human rights are indivisible, interdependent, and interrelated-additional reforms will be necessary to realize the right to health. Given the continuing prevalence of minority rights violations in the region, this study raises research questions for comparative studies in other rights-denying national contexts and advocacy approaches to advance principles of non-discrimination, participation, and accountability through health policy.
Park, J. Charles
The author warns that ultra-conservatism is growing in strength and sophistication as a political force. He cites literature from various right-wing groups attacking the public schools and suggests that educators must learn to cope with social stress and the political extremism it generates. (SJL)
Designed for teachers of undergraduate students with some familiarity with political theory, moral philosophy, and social history, this course outline focuses on individual rights and their realization in the United States and the world at large. The syllabus, arranged in 3 major parts, is subdivided into 16 sections that outline major course…
Persons with psychosocial disabilities (mental health problems) are under the protection of the new United Nations Convention on Rights of Persons with Disabilities (CRPD). The CRPD brings a human rights-based approach to disability: it challenges paternalistic views by emphasizing the person as a rights-holder, an active subject, and not just a passive object of care. It also represents a challenge to mainstream human rights movements and mechanisms who have long paid insufficient attention to human rights of persons with (psychosocial) disabilities. It is increasingly understood that human rights of persons with psychosocial disabilities (mental health problems) should not be seen in the narrow perspective, as if the only issue was the most controversial one, that is, deprivation of liberty. In many areas, reform-minded psychiatrists have themselves initiated human rights-friendly reforms. For instance, efforts to implement article 19 of the CRPD—independent living and inclusion in the community—are increasingly becoming part of the mainstream in mental health care. There is potential for further synergy between mental health professionals and human rights activists in looking at the whole range of civil, political, economic, and social rights listed in the Universal Declaration of Human Rights—realizing that all these rights apply also to persons with psychosocial disabilities, and working together towards removing real-life obstacles to their enjoyment.The building of bridges between the two different types of expertise should be encouraged. In this regard, psychiatry would benefit from more cooperation across borders as well as with international human rights bodies, non-governmental organizations and persons with psychosocial disabilities themselves
In a high profile case, a terminally ill woman, Diane Pretty, challenged the United Kingdom prohibition on assisted suicide as incompatible with certain fundamental rights which are guaranteed under the European Convention on Human Rights. Mrs Pretty's battle was ultimately unsuccessful, with a total of three courts and 15 judges ruling against her. Such unanimity of opinion might well be thought to represent the coup de grace for arguments about the right to assistance in death under European human rights law. However, in this article it is suggested that, in limited circumstances, such assistance might yet still be possible under the Constitution.
In Western and non-Western societies, it is a widely held belief that the concept of human rights is, by and large, a Western cultural norm, often at odds with non-Western cultures and, therefore, not applicable in non-Western societies. The Universal Draft Declaration on Bioethics and Human Rights reflects this deep-rooted and popular assumption. By using Chinese culture(s) as an illustration, this article points out the problems of this widespread misconception and stereotypical view of cultures and human rights. It highlights the often ignored positive elements in Chinese cultures that promote and embody universal human values such as human dignity and human rights. It concludes, accordingly, with concrete suggestions on how to modify the Declaration.
Arnold, Lois DW
This review examines the role of donor human milk banking in international human rights documents and global health policies. For countries looking to improve child health, promotion, protection and support of donor human milk banks has an important role to play for the most vulnerable of infants and children. This review is based on qualitative triangulation research conducted for a doctoral dissertation. The three methods used in triangulation were 1) writing as a method of inquiry, 2) an integrative research review, and 3) personal experience and knowledge of the topic. Discussion of the international human rights documents and global health policies shows that there is a wealth of documentation to support promotion, protection and support of donor milk banking as an integral part of child health and survival. By utilizing these policy documents, health ministries, professional associations, and donor milk banking associations can find rationales for establishing, increasing or continuing to provide milk banking services in any country, and thereby improve the health of children and future generations of adults. PMID:17164001
Arnold, Lois D W
This review examines the role of donor human milk banking in international human rights documents and global health policies. For countries looking to improve child health, promotion, protection and support of donor human milk banks has an important role to play for the most vulnerable of infants and children. This review is based on qualitative triangulation research conducted for a doctoral dissertation. The three methods used in triangulation were 1) writing as a method of inquiry, 2) an integrative research review, and 3) personal experience and knowledge of the topic. Discussion of the international human rights documents and global health policies shows that there is a wealth of documentation to support promotion, protection and support of donor milk banking as an integral part of child health and survival. By utilizing these policy documents, health ministries, professional associations, and donor milk banking associations can find rationales for establishing, increasing or continuing to provide milk banking services in any country, and thereby improve the health of children and future generations of adults.
Reyes, H Luz McNaughton; Zuniga, Karen Padilla; Billings, Deborah L; Blandon, Marta Maria
Health care providers play a central role in the promotion and protection of human rights in patient care. Consequently, the World Medical Association, among others, has called on medical and nursing schools to incorporate human rights education into their training programs. This report describes the efforts of one Central American nongovernmental organization to include human rights - related content into reproductive health care provider training programs in Nicaragua and El Salvador. Baseline findings suggest that health care providers are not being adequately prepared to fulfill their duty to protect and promote human rights in patient care. Medical and nursing school administrators, faculty, and students recognize the need to strengthen training in this area and are enthusiastic about incorporating human rights content into their education programs. Evaluation findings suggest that exposure to educational materials and methodologies that emphasize the relationship between human rights and reproductive health may lead to changes in health care provider attitudes and behaviors that help promote and safeguard human rights in patient care.
Mpinga, E K; Klohn, A M; Zesiger, V; Freigburghaus, F; Jeannot, E; Chastonay, P
The purpose of this study was to assess the need of healthcare and non-healthcare professionals for training in the field of health and human rights as a basis for developing relevant education programs. In 2007 a self-administered survey questionnaire was sent to 360 health professionals and human rights activists in Chad, the Democratic Republic of the Congo, the Republic of the Congo, Mali, Burkina-Faso, and Ivory Coast. The response rate was 67% (242/360). The most common training needs involved planning tools (87%), types of human rights violations in health systems (85%), risk factors for human rights violations (80%), and human rights monitoring tools (74%). The preferred training approaches were mixed and participative methods (60%) and practical applications as a means of validation (65%). There was a high degree of homogeneity between the needs expressed by the healthcare and non-healthcare professionals. The findings of this survey indicate that healthcare and non-healthcare professionals wish to obtain the knowledge and skills necessary to prevent and/or identify human rights issues in healthcare systems and to provide adequate responses. Training programs dealing with human rights in healthcare systems should reflect these needs.
London, Leslie; Schneider, Helen
While neoliberal globalisation is associated with increasing inequalities, global integration has simultaneously strengthened the dissemination of human rights discourse across the world. This paper explores the seeming contradiction that globalisation is conceived as disempowering nations states' ability to act in their population's interests, yet implementation of human rights obligations requires effective states to deliver socio-economic entitlements, such as health. Central to the actions required of the state to build a health system based on a human rights approach is the notion of accountability. Two case studies are used to explore the constraints on states meeting their human rights obligations regarding health, the first drawing on data from interviews with parliamentarians responsible for health in East and Southern Africa, and the second reflecting on the response to the HIV/AIDS epidemic in South Africa. The case studies illustrate the importance of a human rights paradigm in strengthening parliamentary oversight over the executive in ways that prioritise pro-poor protections and in increasing leverage for resources for the health sector within parliamentary processes. Further, a rights framework creates the space for civil society action to engage with the legislature to hold public officials accountable and confirms the importance of rights as enabling civil society mobilization, reinforcing community agency to advance health rights for poor communities. In this context, critical assessment of state incapacity to meet claims to health rights raises questions as to the diffusion of accountability rife under modern international aid systems. Such diffusion of accountability opens the door to 'cunning' states to deflect rights claims of their populations. We argue that human rights, as both a normative framework for legal challenges and as a means to create room for active civil society engagement provide a means to contest both the real and the
Bioethical norms that had constituted only a rather short chapter in the medical curricula are now integrated into universal human rights. This paper seeks to demonstrate the normative convergence between the fields of bioethics and human rights by discussing the recently adopted relevant international documents and some applicable cases from international law. Human rights case law relevant in this emerging legal domain is analyzed with the aim to tackle changes that have occurred in the fields of human rights and bioethics due to the convergence and interdependence between them. Bioethics and human rights are two different systems of norms but bioethics can enrich human rights by extending the traditional catalogue of rights in certain new fields. The theory of human rights nevertheless dictates some discipline in formulating new and new rights. Therefore it offers to bioethics, as an exchange, a more sufficient enforcement mechanism and international recognition.