PDF superior Human rights from the female perpective

Human rights from the female perpective

Human rights from the female perpective

En resumen, la Constitución liberal de 1812, progresista con respecto a la época anterior e instauradora del Estado liberal en España y del espíritu de la revolución con la defensa de [r]

14 Lee mas

Social Representations and Acknowledgement of Human Rights in the city of Monterrey, Mexico

Social Representations and Acknowledgement of Human Rights in the city of Monterrey, Mexico

In December 10th, 2018, the Universal Declaration of Human Rights celebrated its 70th anniversary, since it was approved in 1948. Mexico voted in favor of this document along with other 47 countries, which means that, as a state, it would assume a commitment to look after the human rights of its citizens through all its institutions. This protection is part of International Law, which forces states to assume the obligations in order to respect, protect and promote human rights as well as intervene on its application. It is mandatory for states to adopt the necessary positive means to allow basic human rights to happen (PUDH UNAM, 2017). Several articles from the Mexican Constitution are either inspired or directly related to the articles of the Universal Declaration of Human Rights, meaning, Mexico as a State has looked after a legal way to instate basic human rights. However, as mentioned before, the institutions haven’t been successful in guaranteeing all these rights to its citizens.
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15 Lee mas

HUMAN RIGHTS AND CAPABILITIES

HUMAN RIGHTS AND CAPABILITIES

Not only are the differences on the subject of freedoms and rights that actually exist between different societies often much exaggerated, but also there is, typically, little note taken of substantial variations within each local culture — over time and even at a point of time (in particular, right now). What are taken to be ‘foreign’ criticisms often correspond to internal criticisms from non-mainstream groups. 15 If, say, Iranian dissidents are imprisoned by an authoritarian regime precisely because of their heterodoxy, any suggestion that they should be seen as ‘ambassadors of Western values’ rather than as ‘Iranian dissidents’ would only add serious insult to manifest injury. Being culturally non-partisan requires respecting the participation of people from any corner of the earth, which is not the same thing as accepting the prevailing priorities, especially among dominant groups in particular societies, when informa- tion is extremely restricted and discussions and disagreements are not permitted.
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16 Lee mas

Public health and the human rights of the elderly

Public health and the human rights of the elderly

By underlying the fact that the need to protect the human rights of the elderly has not yet been recognized by the international community, this paper analyses the discrimination older people may suffer because of age. Health, work and intergenerational transferences are addressed as the three areas where such a discrimination may be perceived; we distinguish vulnerability by reason of age from vulnerability due to other factors, such as gender, race, ethnic minority or socioeconomic status. Discrimination by reason of age is expressed through a number of actions or omissions aimed at treating individuals or collectivities under lower standards only because of age. It is evident that discrimination due to age does not act in isolation but in conjunction with other factors, thus increasing the risk of vulnerability and discrimination. It is the case, for instance, of health, gender and economic inequalities associated to discrimination by reason of age.
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Prólogo

Prólogo

been following while cohabiting with nature for centuries. Modern civilization has displaced millions of them with the use of arms and heavy machinery to feed a resource hungry industrialized society. A few years ago, an international mining company sought to displace a tribal population in India from an area that housed their gods! Fortunately, better sense prevailed and the mining company withdrew. Similar situations, though perhaps not as direct as in India, have arisen in other parts of the world also only with a view to exploit the natural resources. In a gross violation of basic human rights, many of these activities have taken place without the participation of the indigenous or tribal population, as if their opinion is irrelevant. To an extent, the United Nations Declaration on the Rights of Indigenous Peoples seeks to remedy the injustices over the centuries and only time will test the efficacy of the Declaration. One of the significant developments that has taken place in recognition of the rights of the indigenous and tribal peoples is that some countries have now reacted by claiming damages for the violation of the human rights of their people, including damages for environmental pollution, from international conglomerates through international arbitrations. This is a developing human rights jurisprudence and is a check, at least to some extent on the adverse impact on indigenous and tribal populations.
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7 Lee mas

Human Rights as Basic Rights: A Path to Universality?

Human Rights as Basic Rights: A Path to Universality?

The argument from polycentricity brings into the analysis the issue of the horizontal effect of human rights. This is actually an open-ended issue. I cannot address it here and I start from the premise that horizontal effect should be recognized in case of negative obligations related both to civil and social rights (the obligations to respect), but not in case of positive ob- ligations (the obligations to protect and to fulfil). The argument at stake properly emphasises that, to the extent that private actors may be involved in human rights compliance or fulfilment and the set of correlative duties holders is widened, potential core obligations tend to take on a net structure. This means that the core content cannot be directly derived from single obligations, but does not show either the impossibility to individuate a core content of rights or that qualifying the core content is not useful to support the justiciability of rights.
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26 Lee mas

El marco de la Unión Europea para la promoción de los Derechos Humanos y el apoyo a la democracia

El marco de la Unión Europea para la promoción de los Derechos Humanos y el apoyo a la democracia

The EU has gradually expanded its human rights actions over the course of the past decades. Although the EU had developed in its external action a broad range of policy instruments and guidelines to put its commitment to human rights and democracy into practice, the EU had not always been as effective or as joined-up as it might have been. Serious problems and new challenges had emerged, both externally and internally. In particular, EU policies have been criticised for being largely sectorial; funded projects lack programmatic consistency; the EU’s knowledge base appeared limited; and turf battles had continue to rage between institutions, bodies and Member States in Brussels and abroad at the United Nations (UN) and other fora, where EU positions increasingly faced objections. Moreover, human rights are far from being uncontested and are subject to changing dynamics such as globalisation, new forms of violence and war and new actors that question human rights and democracy norms. Even where international standards are generally accepted, implementation at the national level often remained slow.
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33 Lee mas

The human rights based approach to human trafficking in international law: an analysis from a victim protection perspective

The human rights based approach to human trafficking in international law: an analysis from a victim protection perspective

The analysis of the human rights-based approach to trafficking from a victim protection perspective is the object of this study. In essence, this approach introduces a new paradigm for addressing human trafficking. According to its main underlying idea, adding to the current criminal investigation and prosecution component a strong focus on human rights protection and prevention will be key to addressing the ineffectiveness of the current anti-trafficking international legal response, since this will trigger two essential changes. First, it will promote respect for victim’s rights, which is a fundamental objective per se. International law requires States to fulfil their basic international human rights law obligations vis-à-vis victims, departing from the current trend of re-victimization at the hands of State authorities. And second, it will be key to achieving more effective results in terms of prevention and prosecution. In terms of prevention, because the vulnerability of victims triggered by the lack of protective measures is what allows traffickers to recruit, exploit and maintain victims in a situation of exploitation: the fact that what awaits victims when turning to authorities is far from constituting a safe option plays into the hands of traffickers. And in terms of prosecution, because only guarantees of meaningful protection will constitute a sufficient motivation for victims to take the significant risks linked to escaping and thereafter pressing charges and/or acting as witnesses against their traffickers. Clearly, only strong protection can support strong prosecutions.
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548 Lee mas

No lo suficientemente radical: por qué Jimmy Carter no cambió la política exterior estadounidense

No lo suficientemente radical: por qué Jimmy Carter no cambió la política exterior estadounidense

Many career officers from exactly these types of armies –employed much more often against internal opponents, peaceful and violent alike, rather than against external threats– had already been training for decades on US soil in facilities such as the School of the Americas. Within the United States various private corporations – many of them constituents of what President Eisenhower called in his 1960 Farewell Address "the military- industrial complex,"– but also major agriculture conglomerates, derived substantial profits from lucrative deals through commerce with oppressive and corrupt regimes. In turn, many of these businesses and industries provided jobs and political clout inside the United States. Their access to establishment power and their influence upon public opinion could derail the implementation of a probing human rights agenda in American foreign policy.
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16 Lee mas

Descargar

Descargar

from abroad. There is, in general terms, a (direct and indirect) dialogue or a discussion between equal interlocutors, the rhetoric is sometimes consistent and, in the case of the violations in Oaxaca, the government has changed its mind. But there has not been a similar change in the discussion about military involvement in security tasks. In any case, the government has never attempted to explain the causes of the abuses; rather, it has recurred to broad arguments that recognize the value and the importance of human rights and pledge to investigate, but that fall short of accepting responsibility and providing an explicit reflection on the ways through which further abuses can be prevented. But the ultimate failure of the argumentation test comes in relation to the behavior of the government. In this case, it is not necessary to make the counterfactual experiment proposed in point five of Risse’s argumentation test because in spite of all the rhetoric, the government has not changed its behavior. In relation to the Oaxaca situation, “there is as yet no evidence of a determination on the part of these authorities to carry out effective investigations or to modify procedure and practice to prevent further violations” (Amnesty International, 2007a; also see Ballinas, 2007). 12 Particularly noteworthy is the lack of an effective investigation regarding the 20 or more killings registered during the most violent months of the conflict in Oaxaca. But the contradiction between rhetoric and practice does not emerge only from the fact that previous violations had not been investigated —new violations have occurred—. Tension and broad violence reappeared in Oaxaca as the traditional Guelaguetza festivities, celebrated every summer, approached. On July 16, dissidents clashed with the state police. Preliminary reports suggest that the police recurred to indiscriminate detention of protesters and to brutal beatings (see Editorial, 2007; Vélez Ascencio, 2007b, 2007d, 2007e; Gómez Mena, 2007; IACHR, 2007a). Human Rights Watch received “credible reports that police carried out arbitrary arrests, pulling people from passing cars and buses, and beating those in custody” (Human Rights Watch, 2007b). Similarly, the CCIODH regretted the new wave of “arbitrary detentions, grave injuries, abuses by security forces and lack of dialogue to solve the conflict” (CCIODH, 2007c).
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38 Lee mas

POVERTY AND HUMAN RIGHTS: BUILDING ON THE CAPABILITY APPROACH

POVERTY AND HUMAN RIGHTS: BUILDING ON THE CAPABILITY APPROACH

peasants, or by blocking the supply of food to adversaries in a civil war. The duty to protect goes one step further by requiring the state not only to refrain from violating people’s right to food, but also to prevent third parties from violating it. Thus, if a landlord tries illegally to evict a tenant from his land, thereby violating the tenant’s right to food, then it is the obligation of the state to protect the tenant from the rapacious landlord. If the state fails to take the required protective measure and as a result the tenant’s right to food is compromised, then the state would be culpable even though it was not itself a party to the violation of the tenant’s right. The duty to fulfil goes even further in extending the state’s obligation. Even when neither the state nor some malevolent third party is deliberately trampling on anyone’s right to food, some people’s right to food still may not be realised in the sense that they remain hungry despite their best efforts to obtain food through the legitimate means available to them. It is then the obligation of the state to create the conditions — through economic and other policies — that would enable the people to acquire the food they need. In the extreme case, when some people are unable to feed themselves even in the best of conditions because of some disability (say, because they are too old to work and there is no one to take care of them), then it is obligation of the state to feed them.
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16 Lee mas

Human Rights and Social Works

Human Rights and Social Works

A third area relates to the Management of Social Transformations (MOST) programme. The purpose of this Programme is to contribute to more inclusive and sustainable development outcomes by promoting participatory and evidence-based policy-making. To achieve this goal, we focus primarily on reinforcing mechanisms and capacities - amongst science communities, policy makers and practitioners - for a stronger research-policy interface at all levels. Examples of work by MOST include a forum to address the inclusion of refugees in the sub-region of Central Africa and one on ageing in Asia-Pacific in 2017. We also worked in 2016-2017 on addressing the issue of inclusion from the angle of youth policy in Cuba (MOST School on “Methodologies for inclusive youth policies: participatory research, knowledge brokering and anticipatory systems”). Finally, we partnered with the Union nationale des acteurs de formation et de recherche en intervention sociale (UNAFORIS) and the European Association of Schools of Social Work (EASSW) in relation to the conference under the title Social work education in Europe: challenging boundaries, promoting a sustainable future that was held in Paris in June 2017.
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10 Lee mas

Torture, Democracy and Human Rights

Torture, Democracy and Human Rights

No  man  can  be  judged  a  criminal  until  he  be  found  guilty;  nor  can  society  take  from  him  the  public  protection   until  it  have  been  proved  that  he  has  violated  the  conditions  on  which  it  was  granted.  What  right,  then,  but  that   of  power,  can  authorise  the  punishment  of  a  citizen  so  long  as  there  remains  any  doubt  of  his  guilt?  This  dilemma   is  frequent.  Either  he  is  guilty,  or  not  guilty.  If  guilty,  he  should  only  suffer  the  punishment  ordained  by  the  laws,   and  torture  becomes  useless,  as  his  confession  is  unnecessary,  if  he  be  not  guilty,  you  torture  the  innocent;  for,  in   the   eye   of   the   law,   every   man   is   innocent   whose   crime   has   not   been   proved.   Besides,   it   is   confounding   all   relations  to  expect  that  a  man  should  be  both  the  accuser  and  accused;  and  that  pain  should  be  the  test  of  truth,   as  if  truth  resided  in  the  muscles  and  fibres  of  a  wretch  in  torture.  By  this  method  the  robust  will  escape,  and  the   feeble  be  condemned.  These  are  the  inconveniences  of  this  pretended  test  of  truth,  worthy  only  of  a  cannibal,  and   which  the  Romans,  in  many  respects  barbarous,  and  whose  savage  virtue  has  been  too  much  admired,  reserved   for  the  slaves  alone.  
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5 Lee mas

Reframing the debate on Migration, Development and Human Rights

Reframing the debate on Migration, Development and Human Rights

Unequal development in the neoliberal context generates a new type of migration that can be characterised as forced – although the concept of forced migration does not apply to all migrants, it does characterise, to a great extent, current migration fl ows. In the fi eld of human rights, the term refers speci fi cally to asylum seekers, refugees, or displaced persons. From a dominant perspective, most migrants cannot be grouped under this category because these popu- lation movements are supposedly carried out voluntarily and freely. However, it is also a fact that the dynamics of unequal development have led to structural conditions that foster the massive migration of dispossessed, marginalised, and excluded populations. People are literally expelled from their places of origin as they search for better livelihoods and social mobility oppor- tunities. Migration entails substantial risks and danger, as well as permanent exposure to precar- iousness and exclusion in destination countries. Moreover and as previously pointed out, migrants are often subjected to criminalisation and racist and discriminatory practices and policies that not only render them vulnerable and marginal but can also imperil their lives (Delgado Wise and Márquez, 2009).
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13 Lee mas

Foreign aid and human rights : the Latin American experience

Foreign aid and human rights : the Latin American experience

turning to the political self-interest variables, distance is positively related to the chances of getting aid for denmark, germany, italy, Japan, norway, sweden and switzerland. in other words, Latin american states that are further away from each of these donors are more likely to receive development assistance. this means that even after we control for population size, south american countries are more likely to make it through the gatekeeping stage of these donors than central american or caribbean states. distance from the donor is not significant for the other oecd members in the study. While the distance between capitols may be relatively similar since we are focused only on the Latin american region, it is still a continuous measure that captures real differences, and also serves to capture any geographic differences between central and south america more finely than a dummy variable for region.
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22 Lee mas

Canadian Federalism, Human Rights and the Protection of Minnorities

Canadian Federalism, Human Rights and the Protection of Minnorities

when Europeans arrived in North America, aboriginal peoples were already here, living in communities on the land, and participating in distinctive cultures, as they had done for centuries. It is this fact, and this fact above all others, which separates aboriginal peoples from all other minority groups in Canadian society and which mandates their special legal, and now constitutional, status.”

45 Lee mas

Rethinking an inclusive model of education from complex thinking for the teaching of human rights

Rethinking an inclusive model of education from complex thinking for the teaching of human rights

En este sentido el propósito consiste primordialmente en mirar y desarrollar un modelo inclusivo de educación para los derechos humanos para el contexto de América Latina que sea acorde[r]

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Human Dignity: the Foundation of Human Rights and Religious Freedom

Human Dignity: the Foundation of Human Rights and Religious Freedom

century onwards, the justification of human dignity becomes problematic. This most influential attempt to justify it by secular rationality came from Kant, who saw man’s dignity as deriving from his capacity for moral reasoning and from it came the notions of autonomy and equality. However, during the last two centuries, secularized cultures produced skeptical attitudes toward both the Judeo-Christian and Kantian concepts of the intrinsic dignity of man, which eventu- ally paved the way for twentieth-century totalitarian- isms. After the horrors of Nazism, concerns about putting human rights in the centre of culture, politics and law compelled a search ―largely impossible― for a common idea of human dignity, shared by different philosophical traditions, both religious and secular. During the years after World War II, especially after the Second Vatican Council, there was a renewed discovery of human rights as based on human dignity by Catholicism, which, in view of the different reduc- tionist or destructive tendencies found in the secular- ized culture, perhaps is the most satisfactory ap- proach. Finally, the problem of religious freedom is examined as a case study for further reflections on human dignity.
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33 Lee mas

Rhetoric or substance : the attitude of East Asian states towards human rights treaties, and the possible development of a regional human rights mechanism

Rhetoric or substance : the attitude of East Asian states towards human rights treaties, and the possible development of a regional human rights mechanism

Although China has ratified CAT, the use of torture to intimidate or extract a confession from a defendant in that state is routine, despite the existence of a prohibition on torture to extract confessions in the Criminal Procedural Law (UN Committee Against Torture 2008; Leng 2005: 51; Ip, Liu and Ling 2007: 30-31). This is a particularly disturbing issue when it comes to those convictions for which the penalty is death. The number of executions in China is classified as a state secret, but the numbers estimated to be by far the highest in the world. 3 In 1996, Hugejileitu, an 18-year-old from Inner Mongolia, was executed on charges of murder; in 2005, the Xinhua News Agency reported that the real killer had confessed. Hugejileitu‟s family claimed that he had been tortured into confessing to the crime (Ip, Liu and Ling 2007: 26). After the disappearance of his wife, She Xianglin was convicted of her murder and sentenced to 15 years in prison, and only released after she unexpectedly reappeared in 2005. His conviction was attained through torture (Leng 2005: 51).
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22 Lee mas

Rethinking Macro Economic Strategies from a Human Rights Perspective

Rethinking Macro Economic Strategies from a Human Rights Perspective

The deepening gap of inequality inside countries and between countries; the growing proportion of people drowning in poverty; the lack of equity between races, ethnic groups, genders, physical handicaps and sexual orientation, among other factors; the flow of immigrants from poor countries to rich ones; and the increase in class violence and illicit schemes to make money and become rich prove that the rules governing the management of macro-economic policies, and the role of the market in a better distribution of resources and profits in a globalized world, are now subject to evaluation and revision. 1 We propose a systematic examination of macro-economic strategies followed by the States, by starting with the conceptual framework and the underlying commitments of the Human Rights Treaties ^ and the norms, standards, responsibilities and procedures that have been developed around them ^ and by using analytical and developmental tools of progressive economic policy.
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