Suchergebnisse

This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.

This volume assesses one of the most important developments in contemporary Latin American women's movements: the engagement with rights-based discourses. Organised women have played a central role in the continued struggle for democracy in the region and with it gender justice. The foregrounding of human rights, and within them the recognition of women's rights, has offered women a strategic advantage in pursuing their goals of an inclusive citizenship. The country-based chapters analyse specific bodies of rights: rights and representation, domestic violence, labour rights, reproductive rights, legal advocacy, socio-economic rights, rights and ethnicity, and rights, the state and autonomy.

The study raises the question of whether it is necessary to recognize language rights, and responds with a series of philosophical, theoretical and anthropological arguments - sometimes quoting judicial formulations in favor of the recognition of language rights, especially minority language rights. It is a serious dilemma that, for historicalpolitical reasons, states often give priority to linguistic homogenization and consider multilingualism, the use of minority languages, as outdated or even dangerous, incompatible with the modern nation-state model. The article discusses the two fundamental principles which best underpin the international recognition of minority language rights: the protection of diverse communities and their equal rights. The study points out that in the practice of the UN Human Rights Committee and the ECtHR discrimination in the use of minority languages is recognized only in a very narrow sense. It means that the minority language sub-rights of general human rights may be interpreted too narrowly, and that recognition of these sub-rights may be denied, and this leads to the conclusion that explicit safeguards are needed to secure that minority language rights, and the corresponding state obligations arising from them are precisely defined.

В статье исследуется вопрос о существовании в международном праве прав человека обязательства государства привести свое законодательство в соответствие с международными обязательствами. Анализируются аргументы противников существования подобного обязательства в общем международном праве. ; The article is devoted to the study of the question of the existence in international human rights law of the obligation of state to bring it's legislation into conformity with it's international obligations. The research is carried out by means of analyzing the arguments of opponents of the existence of such an obligation in general international law.

Purpose: to investigate theoretical interpretations and scientifically sound interpretations of the essence of the concept of cultural rights, to determine the characteristics inherent in cultural rights. Research methods: the methodological basis of the study are general methods of thinking, functional, systemic, structural and synergetic methods. Results: there is a lack of uniform interpretation of cultural rights. According to existing theoretical interpretations, on the one hand, cultural rights are defined as the possibility of free spiritual development, preservation and development of national identity, free access to cultural life and the use of cultural achievements, as well as the possible behavior of public relations actors cultural relations. On the other hand, cultural rights determine the guarantees of the state in ensuring human rights aimed at maintaining the socio-cultural well-being of society, ensuring the cultural and spiritual needs of the individual. Discussion: it is established that the problem of ensuring cultural human rights in Ukraine, first of all, is the lack of a unified interpretation of cultural rights, the definition of characteristics, essential characteristics and their content. The problem of separation and legal definition of cultural rights in the system of human rights in Ukraine in legal science is observed since the independence of Ukraine, the formation of Ukrainian legislation and the system of constitutional human rights. The first years of Ukraine's independence are characterized by the active work of theorists and practitioners on the legal definition of personal, civil and political rights. With the adoption of the Constitution of Ukraine, the formal list of constitutional rights and responsibilities has significantly expanded. This became the basis for new research to determine the content, guarantees and conditions for ensuring and exercising rights and freedoms, which were first enshrined at the constitutional level. One of the priority problems was the ...

The right to the truth has emerged as a legal concept at the national, regional and international levels, and relates to the obligation of the state to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning "truth" into a legal right, particularly from the criminal law perspective.

Do we need social rights? Questions in the era of globalisation, privatisation, and the diminished welfare state /Daphne Barak-Erez and Aeyal M. Gross --The Constitution, social rights, and liberal political justification /Frank I. Michelman --Failed decolonisation and the future of social rights : some preliminary reflections /Upendra Baxi --'If you don't pay, you die' : on death and desire in the postcolony /Lucie White --Stuck in a moment in time : the international justiciability of economic, social, and cultural rights /Yuval Shany --Social rights and social policy : transformations on the international landscape /Kerry Rittich --Indirect protection of social rights by the European Court of Human Rights /Eva Brems --Social rights litigation in India : developments of the last decade /Jayna Kothari --Socio-economic rights: the promise and limitation-the South African Experience /Dennis M. Davis --Social rights in Canada /Patrick Macklem --Social citizenship : the neglected aspect of Israeli constitutional law /Daphne Barak-Erez and Aeyal M. Gross --The many faces of the right to education /Yoram Rabin --The right to health in an era of privatisation and globalisation: national and international perspectives /Aeyal M. Gross --The right to work-the value of work /Guy Mundlak --The social rights of people with disabilities : reconciling care and justice /Neta Ziv --Special rights as women's rights /Daphne Barak-Erez.

This article examines the weakness of legal protection system for Indonesian migrant workers which are still vulnerably exposed to the practice of human trafficking leading to many cases of physical, sexual and psychological exploitation of Indonesian migrant workers abroad. This study quantitatively explores the model of providing legal protection for Indonesian migrant workers in Hong Kong, China in order to improve legal protection for Indonesian migrant workers abroad. Finally this study finds the effectiveness and successfulness of the well-established legal system of Hong Kong's government, as one of the most intended countries by Indonesian migrant workers, in providing protection and guaranteeing the rights of migrant workers. These models constitute the ideal Human Rights Protection schemes for the other countries in realizing strategy and policies for better regulation.

The death penalty is a polemic in the discourse of law and human rights in today's modern world. This is because there is a presumption that the death penalty was considered inhuman punishment. Therefore, the United Nations International Covenant megeluarkan on Civil and Political Rights (ICCPR) as a global treaty that restricts the execution of the country that still has the death penalty. It was considered a solution to keep kelansungan human life includes the right to life, freedom, and human beings have the right to determine his life. View as it affected the Islamic law that still impose the death penalty is deemed to violate human rights. Therefore, the author tries to find common ground between the ICCPR and the fundamental Islamic law. ICCPR and Islamic law possessed the same goal is to maintain public order, protect the whole of society and the state, and yet both of these elements possessed a different approach.

The text examines the article 11 of the Universal Declaration on Bioethics and Human Rights of UNESCO that deals with the principle of non-discrimination and non-stigmatization. Both concepts are related to the theme of human dignity, while discrimination is an inherent part of stigma: stigma does not exist if there is no discrimination. In this context, this paper aims to study the relationship between stigma, discrimination and HIV / AIDS. The study argues that to loosen the bonds that hold the subjects that are attached to them is necessary questioning the broader for­ces - social, cultural, political and economic - that structure stigma, stigmatization and discrimination as social processes directly linked to production and reproduction of structural inequalities.

The text examines the article 11 of the Universal Declaration on Bioethics and Human Rights of UNESCO that deals with the principle of non-discrimination and non-stigmatization. Both concepts are related to the theme of human dignity, while discrimination is an inherent part of stigma: stigma does not exist if there is no discrimination. In this context, this paper aims to study the relationship between stigma, discrimination and HIV / AIDS. The study argues that to loosen the bonds that hold the subjects that are attached to them is necessary questioning the broader for­ces - social, cultural, political and economic - that structure stigma, stigmatization and discrimination as social processes directly linked to production and reproduction of structural inequalities.

Vagrants and beggars or often called gepeng is a classic problems that must beaddressed by the government in order to maintain public order. The one way thegovernment act is the regulation of Buleleng regency with Buleleng Local RegulationNo. 6 Year 2009 regarding Public Order containing provisions to criminalize thegepeng. Meanwhile gepeng is part of the poor people that must be protected andpreserved as they have human rights set forth in the Constitution of Republik ofIndonesia Year 1945.