Securing Dignity And Freedom Through Human Rights
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Securing Dignity And Freedom Through Human Rights
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Author : Janelle M. Diller
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-12-09
Securing Dignity And Freedom Through Human Rights written by Janelle M. Diller and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-09 with Law categories.
The Universal Declaration of Human Rights establishes that everyone’s dignity and freedom to develop as a person are secured through economic, social and cultural rights. This volume examines the origins of the article of the Declaration that introduced the purpose of economic, social and cultural rights in this way and recognized that every member of society is entitled to their realization through national effort and international cooperation. The article’s concepts have been the subject of significant articulation and interpretation. Accordingly, the book analyzes the meaning and application of economic, social and cultural rights and the nature of the related obligations developed in the International Covenant on Economic, Social, and Cultural Rights and other international instruments. The book also explores the contribution of the article's legal concepts to philosophical theories of social justice and increasingly to the practice expected of States, individually and in cooperation with international organizations and non-state actors in development and other activities. This volume should provide a convenient tool for human rights advocates, practitioners, lawyers, scholars, and others involved with and interested in the role of human rights in seeking economic, social and cultural security for all.
Securing Dignity And Freedom Through Human Rights
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Author : Janelle Marie Diller
language : en
Publisher:
Release Date : 2019
Securing Dignity And Freedom Through Human Rights written by Janelle Marie Diller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
The idea that economic, social and cultural (ESC) rights are indispensable for human dignity and freedom first received recognition at the international level in article 22 of the Universal Declaration of Human Rights. By resort to drafting history, textual interpretation and subsequent implementation, this book explores the role and scope of this lesser-known article and its impact within international law and practice. It highlights the importance of the theoretical and practical origins of ESC rights and their relevance to the impact of activities among States, international organisations, and transnational business. Its conclusions address the potential for improved coherence in applying core ESC rights across various State reporting systems and human rights indicators, and for effective recognition of the responsibility of international organisations and multinational business in cases of harm attributable to them. The theoretical construct of ESC rights introduced by article 22 extends beyond mere assets and material comforts. The article conceives of ESC rights as the fruits of properly ordered relationships between the individual, the community, and the State. It shapes these relationships in positive concepts of equality and development of the personality, and freedom as inherent in each human being. The drafting history confirms that the recognition of the right of everyone to “social security” was intended broadly as human security and well-being. Regrettably, the broad reference is often confused with the right to security in the event of life contingencies addressed in article 25 of the Declaration. The book demonstrates the continuing relevance of ESC human rights within the international legal system in theory and practice, drawing on legal and political philosophy and dynamic interpretation of subsequent human rights treaties and other instruments. The “entitlement” of all to the core of “indispensable” ESC rights, enumerated in articles 23-27, is to be realized through article 22's twin means of “national effort and international cooperation” expected of States under their UN Charter obligations. The practice of the UN and its specialized agencies evidences the evolving scope of application of these twin duties at national and international level in such contexts as humanitarian assistance, sustainable development, and transnational business activities. Rather than limiting action, the concept of “the organization and resources of each State”, invokes the basis for shared responsibility among the State, non-state actors, and the international community to realize the article's visionary aims. The UN Library features the book among its recommended Research Guides to the Universal Declaration.
The Universal Declaration Of Human Rights
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Author :
language : en
Publisher:
Release Date : 1978
The Universal Declaration Of Human Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Civil rights categories.
Securing Dignity And Freedom Through Human Rights
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Author : Janelle M. Diller
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-12-09
Securing Dignity And Freedom Through Human Rights written by Janelle M. Diller and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-09 with Law categories.
The Universal Declaration of Human Rights recognizes that social and economic welfare is essential for human dignity, freedom to develop as a person, and ultimately “social security” in the broad sense of social justice. This study examines the text, context, and origins of article 22 which establish an entitlement to the economic, social and cultural (ESC) rights indispensable for wellbeing. By using legal rights to define socially just conduct that secures human dignity, article 22 reorients philosophical approaches to the conception and processes of social justice. The individual, the community and the State are collaboratively engaged in the realization of ESC rights, through national effort and international cooperation. ESC rights must be implemented as a whole, not selectively; this approach serves a functional purpose as well since, in operation, the rights are largely interdependent. The study analyzes the current tendency to fragment the pursuit of ESC rights into selective and uncoordinated initiatives, and proposes adjustments to the theory and practice governing the responsibility and conduct of States, international organizations, the business sector, and other private actors. The legal principles rooted in article 22 create a vital connection between human rights and development that reshapes development cooperation, in relations between States and in multilateral efforts like the Millennium Development Goals and policies of international financial institutions. Development success needs to be redefined to include reducing inequality and assisting the most vulnerable and marginalized. Development processes should integrate methods that ensure participation, transparency and accountability. Even so, democratic processes are no guarantee that ESC rights will be taken seriously, nor do they necessarily lead to full elimination of economic and social inequality. Judicial enforcement and solidarity among private actors, and attention to the synergies that realization of one ESC right provides another are equally important to making the entitlement a reality for all. The approach to human rights in article 22 acts as a compass in the pursuit of social justice. Its course to realizing ESC rights reaches beyond mere assets and material comforts, and surpasses quantitative assessments of equality and non-discrimination, critical as these may be. Rather, progress toward social justice through ESC rights is measured by assessing whether the opportunities, resources and freedoms provided to people are sufficient for their full and free development as human beings, individually and as members of society. Article 22 affirms the vision of a just society in which dignity and personal development are secured with ESC rights that offer the chance for well-being to everyone. This book is the third volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a surv...
Human Dignity And Human Security In Times Of Terrorism
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Author : Christophe Paulussen
language : en
Publisher: Springer Nature
Release Date : 2019-12-09
Human Dignity And Human Security In Times Of Terrorism written by Christophe Paulussen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-09 with Law categories.
In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights
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Author : Bychawska-Siniarska, Dominika
language : en
Publisher: Council of Europe
Release Date : 2017-08-04
Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights written by Bychawska-Siniarska, Dominika and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Philosophical Foundations Of Human Rights
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2015
Philosophical Foundations Of Human Rights written by Rowan Cruft and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
The Human Right To Health Norton Global Ethics Series
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Author : Jonathan Wolff
language : en
Publisher: W. W. Norton & Company
Release Date : 2012-02-20
The Human Right To Health Norton Global Ethics Series written by Jonathan Wolff and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-20 with Political Science categories.
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Casebook On Human Dignity And Human Rights
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Author :
language : en
Publisher: UNESCO
Release Date : 2011
Casebook On Human Dignity And Human Rights written by and has been published by UNESCO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Bioethics categories.
Children S Constitutional Rights In The Nordic Countries
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Author : Trude Haugli
language : en
Publisher: BRILL
Release Date : 2019-12-02
Children S Constitutional Rights In The Nordic Countries written by Trude Haugli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.