Analysis Of Human Rights Research Articles

HUMAN RIGHTS IN KAZAKHSTAN AND THE UNITED KINGDOM:

The article examines the human rights issues based on the experience of the Republic of Kazakhstan and the United Kingdom. A comparative analysis of the scientific views of domestic and foreign scientists; reveals the problematic aspects of protecting human rights. In the era of globalization, the role of the human rights in solving urgent problems of human civilization is growing. In recent years, dramatic changes have occurred in the global legal system and the legal system of Kazakhstan. These changes will serve as the basis for the protection, enforcement and development of human rights. On the one hand, it is a process of integration and regionalization based on world globalization, on the other hand, domestic political and liberal reform processes in Kazakhstan. The main aim of the articles in the context of globalization, to do a comparative analysis of human rights in the Republic of Kazakhstan and in the UK, to develop further recommendations for improving the human rights legislation of the Republic of Kazakhstan.  

Perspectiva crítica de Derechos Humanos

El presente artículo corresponde a una reflexión teórica en torno a la perspectiva crítica de Derechos Humanos. Presenta los planteamientos epistemológicos y políticos, así como los autores relevantes, que con contribuyen a la constitución de esta perspectiva de análisis de Derechos Humanos; categoría central en el abordaje de los procesos de Educación en derechos humanos y memoria en sociedades afectadas por el conflicto armado y la democracia restringida, como ha sido el caso de Chile y Colombia.
 Esta reflexión es relevante para lograr comprender que, cuando se alude a la categoría de derechos humanos, es indispensable evidenciar desde qué esquina teórica e ideológica se aborda. En el caso particular de Colombia y de América Latina en general, la perspectiva que se acerca a la comprensión de las realidades históricas, políticas, sociales, culturales y educativas, es la perspectiva crítica, surgida desde el sur como una propuesta epistemológica para comprender lo relacionado con los derechos humanos en el sur político. Esta reflexión es producto de la revisión teórica del concepto de derechos humanos categoría central en el trabajo investigativo doctoral sobre la Educación en Derechos Humanos y memoria titulado: Trayectorias profesionales y prácticas de enseñanza de los pasados traumáticos, de 4 maestros que lideran experiencias de EDH y memoria en Chile y Colombia 2005-2015.

The spatial aspect of human rights: a framework for the structural and spatial analysis of human rights practice

ABSTRACT Space is a contingent matter in the application, monitoring, and overall experience of human rights. Political ecology, sociology, and, most recently, geography have addressed the dialectical space-human rights through environmental or urban justice struggles. In this paper, I introduce a framework that articulates the analysis of space and human rights. The framework features three functional facets of spatial structures and discusses how they intervene with the experience of rights. The purpose of this article is to introduce a novel theoretical framework that makes space a level for human rights research. This discussion fills a gap in the current human rights literature, supports the further integration of environmental variables and non-human entities in the human rights system, and defends the validity of non-traditional approaches for the development of the human rights project.

Standards of human rights to palliative care: gaps and trends

Purpose The purpose of this paper is to investigate key milestones in development of standards of human rights to health care in particular context of addressing palliative care, relevant efforts of advocacy in past decade and future area of growth. Design/methodology/approach In this study, analysis of human rights and its standards in context of palliative care has been provided through the lens of freedom from ill treatment and torture, right to health care and older persons’ and children’s rights. Findings Findings of this study highlighted significant developments in this area which include following: first treaty of human rights which explained right to palliative care; first resolution on palliative care by World Health Assembly; special rapporteur’s report focussed on denial of pain; and addressing issue of controlled medicine availability in special session of UN General Assembly. Originality/value Human rights standards and their development in context of palliative care have been most significant in relation to freedom from ill treatment and torture, right to health care and older persons’ rights. Further work is required in context of children’s rights and treaty bodies of human rights need to consistently address state obligations towards palliative care.

The role of international human rights standards in shaping the legal status of a person and a citizen

The article examines the role of international human rights legal standards in shaping the legal status of a person and citizen. Particular attention is paid to the analysis of human rights norms that shape and consolidate the legal status of a person and citizen at the international legal level, determining its formation at the level of the legislation of the national member states of the international community.
 The essential and decisive role of international legal standards in the processes of formation of the legal status of human and citizen rights occurring at the international legal (universal and regional) and national levels is stated.
 It is argued that the problem of the formation of the legal status of human and citizen rights and freedoms remains relevant, because it serves as a kind of calling card of each state, but it is objectified and complicated by contradictory tendencies in the development of the modern state regarding the limitation of its sovereignty and the need for existential participation in collective councils. maintaining international peace and security.
 It is stated that such processes continue to the present day and are systematically complicated because they are, on the one hand, influenced by the processes of legal globalization that promote standardization, typing and unification of international norm-making in the field of human rights, and on the other - the peculiarities of formation, operation and implementation of guidelines democratic legal statehood in each of the Member States of the international community.

Governing Through Human Rights in Counter-terrorism: Proofing, Problematization and Securitization

Human rights are commonly regarded as the antidote to criminalization and securitization. Yet, since 9/11, at both the national and international levels, human rights law has largely accommodated the security-oriented changes deemed necessary to combat terrorism, including the use of torture and the erection of a “shadow” system of justice through the use of coercive non-trial-based measures (Gearty 2017; Hamilton 2018). In this article, we examine taken-for-granted features of modern legal adjudication and “human rights proofing” (forms of human rights protection) that dilute the restraining power of human rights law and extend security measures. Informed by a “governmental criminological” analysis of human rights in the security field, we present two case studies to illustrate these arguments. The first considers “human rights proofing” mechanisms in the United Nations counter-terrorism assemblage which, we argue, have been rendered “technical” (Sokhi-Bulley 2016) through the complexity of the structures deployed to protect rights and the forms of knowledge privileged by experts. The second case study draws on use of control orders—Terrorism Prevention and Investigation Measures (TPIMs) in the United Kingdom—and examines two governmental “techniques,” namely, the judicial “balancing test” and the European Convention on Human Rights “memos” put to parliamentary committees scrutinizing counter-terrorist legislation. At both national and international levels, how human rights are being institutionalized has affected the operation of power: we are being governed through rights (Golder 2011) in ways consistent with conditions of authoritarian liberalism (Dean 2007).

Aproximación crítica a los derechos humanos desde las perspectivas liberal, conservadora y neoliberal

espanolEn marco de una aproximacion critica al tema de los derechos humanos, relacionada con los fundamentos que constituyen su existencia en tanto posibilidad, el presente trabajo analiza tres perspectivas filosoficas relacionadas con dicha tematica: el liberalismo, el conservadurismo y el neoliberalismo. El trabajo examina asi los origenes historicos de cada una de estas corrientes, sus principales representantes, y las posibles coincidencias y diferencias entre estas. Se espera demostrar que, en su analisis de los derechos humanos, ninguna de las tres tradiciones escogidas ha conseguido superar la dimension juridica, ignorando casi del todo las dimensiones etico-normativa y utopica. English“Critical approach to human rights from the liberal, conservative and neoliberal perspective”. Within the framework of a critical approach to the topic of human rights, related to the foundations that constitute its existence as a possibility, this paper analyzes three philosophical perspectives related to this topic: liberalism, conservatism and neoliberalism. The work thus examines the historical origins of each of these currents, their main representatives, and the possible coincidences and differences between them. It is expected to demonstrate that, in its analysis of human rights, none of the three chosen traditions has managed to overcome the legal dimension, ignoring almost completely the ethical-normative and utopian dimensions perspectives.

The Right to Insolation in the System of Human Rights (on the Example of the Russian Federation)

The article studies the general description of the modern Russian concept of human rights in dynamics. The authors use the established methodological approaches to the analysis of human rights: in the objective sense, as an established system of human rights, and in the subjective sense, as claiming for specific benefits, action, behaviour. There are ‘new’ rights and freedoms of man and citizen, such as human right to insolation (right to sunlight). Based on this methodological approach, the authors understand this right in an objective sense as the set of rules governing the legal relations in the field of insolation. Thus, the right to insolation is interpreted as a legal regime, characterised by a set of rules that provide a certain level of solar energy. In the subjective sense, the right to sunlight is a combination of powers belonging to the individual in the realisation of their ability to use sunlight. The authors believe that the right to insolation is complex and is a component of the right to health, the right to housing, the right to favourable environment, etc. for the best implementation of its need to consolidate and develop in federal law

Indonesian Political Economic Policy and Economic Rights: An Analysis of Human Rights in the International Economic Law

The national and international economic development raises new problems besides the positive side of finance. International economic recession that has global impacts including in Indonesia presents its own challenges. One of the challenges faced is a serious impact on the fulfillment of economic and social rights. Various economic austerity measures were taken to maintain the country’s economic stability. One of the most controversial is the reduction of subsidies in the health, social security, trade and education sectors. The unemployment rate also increased as a direct impact of these economic policies. This paper analyzes the rights of human rights in Indonesian political economic policy both on a national and international scale. This paper compares and analyzes various cases of Indonesian economic policy with the basic principles of human rights, especially social, economic and cultural rights. Studies in this paper cover the areas of study of International Economic and Trade Law, Human Rights Law, and International Law. This paper highlighted that economic policies in the form of reducing subsidies and austerity measures undermine a wide range of human rights human rights frameworks.

Правозащитная и правоохранительная функции федеральных органов исполнительной власти

This article is devoted to the development of human rights advocacy and law-enforcement functions of the federal government authority. The author raises a question on its content and relations. The author gives an esti mate of the role of the federal government authority in order to provide human rights advocacy in the Russian Federation. It is paid attention to the necessity of the development of mechanism of human rights advocacy in general and to specific forms of the government control, providing protection of human rights and freedoms of citizens and organizations within improvement of certain acts of the Russian legislation. A comparative analysis of human rights and law enforcement functions, as the main activities of the federal bodies of executive power, has been carried out. The signs of human rights activity are investigated, its characteristic features, levels of legal mediation are revealed. An analysis of the regulatory framework that ensures the implementation of human rights activities has ensured the release of its species. It was proposed to consider administrative procedures of a human rights orientation, which include: a) the direct human rights function of federal executive bodies; b) the human rights function of the federal bodies of executive power, implemented in cooperation with public structures.

The Hierarchy of Human Rights and the Transcendental System of Right

This paper analyses the relatively neglected topic of hierarchy in the philosophical foundation of human rights. It develops a transcendental-discursive approach. This approach develops the idea that all human rights could be derived from a small set of fundamental rights that are interconnected and that incorporate all ulterior possible specific rights. This set is then applied to an analysis of human rights as they have been formulated in the Universal Declaration of Human Rights. The claim is that this prior set of transcendental rights is discursively implied whenever we talk about human rights. Thinking about the hierarchy of rights pragmatically means thinking about prioritising their implementation. Some consequences for practical philosophy and politics concerning the role of states, enterprises and world citizenship are then discussed.

The capabilities and human rights of high performance athletes

High performance athletes participate and function in sports systems where exploitative behaviours may become manifest. These behaviours potentially violate an individual athlete’s human rights. Using the Capability Approach first outlined by Amartya Sen the paper details how a more precise analysis of human rights, in the context of high performance sport, may be achieved. Using in-depth narrative accounts from high performance athletes, data illustrate how athlete maltreatment is related to individual capabilities and functionings: the loss of individual freedoms infringes accepted notions of human rights. The implications for practice concern how human rights may be protected within and for systems of high performance production.

Human Rights in the Trade and Sustainability Impact Assessment of the EU–Tunisia Free Trade Agreement

This article critically examines the integration of human rights in the trade and sustainability impact assessment of the proposed Deep and Comprehensive Free Trade Agreement between the EU and Tunisia. The main contribution of this article is to list the basic requirements of a human rights impact assessment methodology in the form of a list of questions as a means to evaluate impact assessments of trade agreements. Using this list, the article demonstrates how the EU–Tunisia assessment meets many of the formal requirements of human rights impact assessment but that the underlying human rights analysis and recommendations were weak and that the approach to consultation and participation of individuals and groups in the assessment process needs review and strengthening. The article recommends the continued professionalization of human rights impact assessment of trade agreements and concludes by noting that the 2015 adoption by the European Commission of Guidelines on the analysis of human rights impacts in impact assessments of trade-related policy initiatives provides a clearer framework to guide and improve future assessments.

Natural law and “dominium”: An analysis on the basis of human rights in Domingo de Soto

The article aims to examine the understanding of Domingo de Soto on the natural law and its projection for the analysis of human rights. Starting from Thomas Aquinas, the Segovian author situates the institute of the “dominium” in the spectrum of demands of the natural law, subjecting it to the table of the first principles of practical reason. In the article proposed here we seek to explore the analytical discourse present in two of his works: De Iustitia et Iure and Relectio de Dominio . Keywords: law, dominium , right, reason.

National Human Rights Museums: An Engine for Social or Economic Growth? A Comparative Analysis of Human Rights Museums in Canada, the US and Russia

Human rights have become a fundamental theme in the museum field. The popularity of the idea of social inclusion stems from its influential role in politics. Therefore, social issues can be discussed, constructed and politicised in museums.In this article, I will compare and analyse three case studies: the Canadian Museum for Human Rights, Winnipeg, Canada; the Civil and Human Rights Center, Atlanta, ; and the Perm‐36 Gulag Museum (also known as ) in Kuchino, Russia. While state authorities consider these three museums to be important cultural and tourist destinations that participate in the difficult task of memorialising history and raising awareness, ethical concerns about social inclusion have also emerged.It is my contention that these national human rights museums focus on economic change rather than providing an opportunity for social growth. I will analyse the challenges and controversies of applying the idea of social inclusion to museums. Each museum's commitment to social inclusion will be evaluated by an analysis of the intention that underlies their architecture, mission and vision, as well as their governance and sources of funding, in addition to exhibitions and mass media reviews.

Religiöse Sedimente im Menschenrechtsdiskurs. Zur Dynamik der Konstruktionen „des Religiösen“ und „des Säkularen“

This article discusses present-day trends in the debates around the notions of ‘secularization’ and ‘de-secularization’. It starts from David Martin’s most recent critic of the idea of a resurgence of religions as a mere inversion of the classical secularization paradigm. First, the article puts this critique into the wider context of more traditional critiques of secularization theories (primarily in the tradition of Thomas Luckmann and Talal Asad). Second, it applies this framework to the analysis of human rights discourses inside so called ‘Religious Non-Governmental Organizations’ in the context of the United Nations Organization. In the end, the author refers to the notion of a ‘sedimentation’ of the religious and the secular – as put forward by Linda Woodhead – in order to propose a new approach. It shows to what an extent, the idea of sedimentation helps to more adequately grasp the processes at hand and to open an avenue for future research in the field.

The Right to Home: Domicide as a Violation of Child and Family Rights in the Context of Political Violence

There is limited international recognition that domicide—or intentional destruction of home—is a violation of children's rights. While human rights documents allude to the crime of domicide, it is, however, never explicitly referred to as a human rights violation. Through an analysis of human rights documents and with a focus on the experiences of children, families and communities, we argue that domicide should be explicitly acknowledged as a violation of human rights so that it can effectively be prosecuted as a war crime in contexts of political violence.

A Historical Analysis of Human Rights And Women’s Status in Pakistan

Human rights are the fundamental rights which are inherent to all human beings. Whatever the nationality, place of birth, caste, gender, ethnic or national origin, religion are equally entitled to human rights without discrimination. All these rights are interconnected. These rights are resulted by the struggle of different human societies. In 2003 Byrne Darren stated that “the in alienable and indivisible right held by all are the basic standards of justice. Without justice and equality people cannot live with dignity. Human rights are a set of individual and collective rights that have been formally promoted and protected by international and domestic law since the UN Declaration of human rights in 1948. Islam gave human rights as early as the fourteenth century. In Islam one tries to remain subservient in total submission to the creator, the ever living one true God (Allah). The true guidance in life can only come from Holy Qur’an and the Qur’an has the answers to change the tears of the world into smiles. In the Qur’an women is raised to a status of a dignified human being.

Human Rights in the International Political Economy Arena: Who Acts for Whom?

The analysis of Human Rights had always been an issue in the local and international political arenas for various reasons – the fact that there are various definitions to which it ought to adhere to given the various fields constantly change its accepted identity in the contemporary literature. Working on a literature review regarding how Human Rights had been defined in the field of International Political Economy, this paper would be providing a consolidated view to which Human Rights would be addressed accordingly in the field, identify which of the main actors indicated in the literatures – the state, society, market, and transnational actors – take precedence in addressing Human Rights. Moreover, the paper shall be providing critiques on the literatures presented, particularly with the various analyses to which Human Rights had been identified altogether.

Religiöse Sedimente im Menschenrechtsdiskurs

This article discusses present-day trends in the debates around the notions of osecularization n and ode-secularizationn. It starts from David Martinns most recent critic of the idea of a resurgence of religions as a mere inversion of the classical secularization paradigm. First, the article puts this critique into the wider context of more traditional critiques of secularization theories (primarily in the tradition of Thomas Luckmann and Talal Asad). Second, it applies this framework to the analysis of human rights discourses inside so called oReligious Non-Governmental Organizationsn in the context of the United Nations Organization. In the end, the author refers to the notion of a osedimentationn of the religious and the secular – as put forward by LindaWoodhead – inorder topropose a new approach. It shows to what an extent, the idea of sedimentation helps tomore adequately grasp the processes at hand and to open an avenue for future research in the field.