Basic Human Rights Research Articles

중학교 교사의 인권침해경험과 교사효능감의 관계: 수업효능감과 생활지도효능감을 중심으로

Based on the data of middle school teachers in 2021 from the Gyeonggi School Education Survey, this study explored the actual situation and related factors of teachers' human rights violation experiences and analyzed the relationship with teacher efficacy (instructional efficacy and life guidance efficacy). The results showed that the majority of middle school teachers had experienced human rights violations by students, and that teacher gender, teaching experience, school climate, and the average number of hours per week of students in the classroom were related to this. When other factors were considered, it was found that teachers who had experienced human rights violations by students had significantly lower teaching effectiveness and life guidance effectiveness.
 Based on these results, we suggest the following implications for teacher policies in Korea. First, the concept of teaching rights should be expanded to include the basic human rights of teachers in educational activities and include violations of teachers' human rights in addition to violations of teaching and life guidance. Second, existing data on teacher rights violations do not adequately reflect the full range of teacher rights violations, so it is necessary to improve them. Third, since the degree of human rights violation negatively affects teachers' sense of teacher effectiveness, it is necessary to actively protect teachers and provide psychological support and training so that they can regain confidence in teaching and life guidance

Essential yet excluded: COVID‐19 and the decent work deficit among domestic workers in Brazil

This article presents data from a survey conducted with the National Federation of Domestic Workers of Brazil on the impact of the COVID‐19 pandemic on domestic workers, also considering emergency policies and the Federation's main actions in the first year of the crisis. Focusing on employment and income, occupational health and safety, and violations of rights, it shows the extreme polarization between those who lost their livelihoods and those obliged to continue working at the expense of their health and basic human rights. Although the circumstances were exceptional, the authors argue that this situation was made possible by pre‐existing conditions of legal exclusion and precarity.

Military Operations and Withdrawal From the European Convention on Human Rights

Abstract This comment explores the links between the application of the European Convention on Human Rights (Convention or echr) to military operations and critiques of the Convention in the United Kingdom. It argues strongly against the idea that it is ‘anomalous’ and ‘unprincipled’ to extend the application of the echr to overseas military operations. It also argues that the UK should be capable of discharging basic human rights protections, such as effectively investigating allegations their soldiers have committed murder or torture, without compromising national security. The second section reflects on the consequences of withdrawal. It examines how the application of the echr to military operations has improved the transparency and accountability of the UK Government and offered several tools to secure the ongoing accountability of the Government. It is argued that withdrawal from the Convention would compromise this process of increasing accountability and remove these beneficial tools.

What is there to drink? Water (in)justice in the democratic South Africa

IntroductionAligned to Chapter 2 of the Constitution of the Republic of South Africa which recognizes water to be a basic human right, the democratic government from 1994 adopted policies, legislation and programmes that encourage universal access to basic water services. Although some progress has been made in urban areas concerning access to potable water supply, South Africa still faces serious problems in providing basic water services in rural areas. This study aims to understand sources of drinking water, how water is accessed by local communities, and determine the barriers associated with access to potable water and management in the rural villages of Madiba and Enqabeni.Data collectionTo fulfil the aim of this study, semi-structured interviews, interviewer-administered questionnaires, and field observations were employed as data collection tools. Data obtained from interviews were analyzed using thematic content analysis, while the questionnaires were assessed using Statistical Package for Social Sciences.Results and DiscussionThe study found that the majority of people still rely on untreated water from open water bodies. The study also identified corruption, and infrastructural and institutional problems as barriers affecting water service delivery to communities. These institutional problems mean that water resource management and access are unfair, inequitable and unjust, and constitute water injustice. The basic human right of access to water by communities is thereby violated and this has devastating effects on the lives and livelihoods of community members. Despite democracy, the legacy of apartheid's unequal water policy is still influencing water services and South Africa remains far from achieving Sustainable Development Goal 6.

The Hierarchy of Dogs and Men: Satire in Mamdouh ʿUdwan’s Drama

This paper will study the satirical representation of the human condition under poverty and political oppression in Syria. People are sardonically presented as inferior to animals in four plays by the Syrian dramatist Mamdouh ʿUdwan: The Feudal Lord’s Dog, The Bitten Bitch, and The Ambassador’s Dog. With the knowledge of the pejorative connotations the Arabic language associates with the term “dog”, these plays can be considered as a poignant mockery of the situation in ʿUdwan’s world 1941-2004 and a prophetic extrapolation of the present abyss. Through textual analysis, this study will delineate people’s servility and the loss of integrity under local political oppression as communicated in the ironical mix-up between the death of the dog and that of the lord in The Feudal Lord’s Dog The sarcastic presentation of a pampered female dog publishing a newspaper column complaining of lack of emotional and sexual fulfillment contrasts wittily with the inadequacy of basic human rights afforded to the journalist, in The Bitten Bitch. Lastly, The Ambassador’s Dog cynically reverses the human-animal hierarchy, as it celebrates the superior quality of life enjoyed by dogs in an unnamed superpower country. The value of human life in Syria has plummeted to the extent that the dog sitter is happy to sacrifice his life to save a dog. This article will evaluate ʿUdwan’s satire of the status quo in his country and investigate whether it is a genuine means of communication to circumvent censorship, or alternatively, it is only a form of licensed criticism used as a valve of pseudo-freedom approved by an authoritarian government.

თანაზომიერების პრინციპის თეორიული და პრაქტიკული ასპექტები (ქართული და გერმანული სამართლის მიხედვით)

The principle of proportionality brings governmental activities into a strict constitutional and legal framework and thereby contributes to the adequate balancing of basic human rights and public legitimate goals set by the state. In the current edition of the Constitution of Georgia, specifically, in paragraph 3 of Article 34, it is explicitly stated that the limitation of the basic human rights must correspond to the importance of the legitimate goal that it serves to achieve. The dogmatics and practice of the principle of proportionality have been developed in German law since the 50s of the 20th century and spread throughout the continental European legal system. In the present situation, the constitutional courts consider the principle of proportionality as a universal constitutional principle and evaluate the justification for limiting the basic rights based on the established practice. However, there is no unambiguous and doctrinal discussion-free approach to the individual components of the principle of proportionality, especially where the line is drawn between the scope of the legislative view and the constitutional requirement of proportionality. The principle of proportionality and its proper articulation in practice represents a crucial achievement, although it is necessary to adequately understand its dogmatic nature in order to avoid separate theoretical or practical objections regarding this issue. Key words: the principle of proportionality, legitimate purpose, utility, necessity, proportionality in the narrow senses.

Effect of Training Program Regarding Assertive Behavior on Knowledge in Prevention of Sexual Abuse among Adolescent Girls in Selected School, Puducherry

Assertive behaviour helps individuals feel better about themselves by encouraging them to stand up for their own basic human rights, which have equal representation for all individuals. So it is essential for girls to be assertive in standing against the abuse and there is a need to assess assertive behaviour response of adolescent girls towards sexual abuse.

Assessing Households’ Food Insecurity Affected by Climate Change in Koshk e Robat Sangi District, Herat Province

Physically and economically, access to sufficient, safe and nutritious food for an active and healthy life is a basic human right. We assessed the households’ food insecurity in Koshk e Robat Sangi district using the household food insecurity access scale (HFIAS). In this research, 383 standard questionnaires were distributed to the households in different villages of the districts, and the results were analyzed using descriptive statistical methods. The level of food insecurity was varied among the participants. Seventy-seven percent of the participants expressed concern about food insecurity in their households during the last 30 days. Most participants (91.9%) were not able to consume desired food, had limited variety of food and ate food that they did not desire due to lack of resources. The insufficient food intake by the investigated population shows that 27% are classified as moderately food insecure, and 37.9 % are severely food insecure. The findings of the research indicate that participants live with food insecure condition, which 75.4 % of participants live in a food insecure condition. Climate changes, rapid population growth and technological barriers are known as leading causes of food insecurity. Providing financial support to low-income households and management of natural resources could improve food security.

Refugees In the EU And the SDGs: Decoding Inclusivity of Refugees In Assessment System Of SDGs And Progress Towards SDGs.

Migration issues began specifically after the world wars and evolved in various forms to this day. The biggest inflow of refugees in Europe was seen in 2015 which brought new issues at the forefront of the European Union. European Union had tried to control the crisis through various policies and systems in place. EU countries have shared responsibilities to ensure the asylum seeker is processed in a dignified manner. But the process is not as simple as it looks. And many a times there are incidences of violation of basic universal Human rights which are also part of SDG’s. When we look into SDG’s, one point strikingly comes into light which is the “refugee gap” connoted by the International Rescue Committee in their report “Missing Persons: Refugees Left Out and Left Behind in SDGs” (2019). Such other reports point out lacunas in the policies made to achieve inclusivity. My proposed topic is Refugees in the EU and the SDG’s: Decoding inclusivity of refugees in assessment system of SDG’s and progress towards SDG’s. The paper will try to study SDG’s, migration, policy lucidity and responsibilities of member states to ensure providing basic services obligated under SDG’s. It is crucial to study whether the “well-managed migration policies” are able to include refugees into the SDG’s assessment and are they coherent with SDGs aim of “not leaving anyone behind.”

UNIVERSAL AND NATIONAL FOUNDATIONS OF ENSURING HUMAN RIGHTS IN THE UPDATED UZBEKISTAN

Glorification of a person's life, honor, dignity are complex social phenomena that cover almost all aspects of the life of the state, society. Therefore, this article highlights the importance of humanism, justice, freedom, national-cultural heritage and values, the importance of national consciousness and thinking for national development, the opportunity for the development of society on the basis of its own basis, and the importance of national values on the basis of human rights today.

Mapping heterogeneity in family planning indicators in Burkina Faso, Kenya, and Nigeria, 2000–2020

BackgroundFamily planning is fundamental to women’s reproductive health and is a basic human right. Global targets such as Sustainable Development Goal 3 (specifically, Target 3.7) have been established to promote universal access to sexual and reproductive healthcare services. Country-level estimates of contraceptive use and other family planning indicators are already available and are used for tracking progress towards these goals. However, there is likely heterogeneity in these indicators within countries, and more local estimates can provide crucial additional information about progress towards these goals in specific populations. In this analysis, we develop estimates of six family indicators at a local scale, and use these estimates to describe heterogeneity and spatial–temporal patterns in these indicators in Burkina Faso, Kenya, and Nigeria.MethodsWe used a Bayesian geostatistical modelling framework to analyse geo-located data on contraceptive use and family planning from 61 household surveys in Burkina Faso, Kenya, and Nigeria in order to generate subnational estimates of prevalence and associated uncertainty for six indicators from 2000 to 2020: contraceptive prevalence rate (CPR), modern contraceptive prevalence rate (mCPR), traditional contraceptive prevalence rate (tCPR), unmet need for modern methods of contraception, met need for family planning with modern methods, and intention to use contraception. For each country and indicator, we generated estimates at an approximately 5 × 5-km resolution and at the first and second administrative levels (regions and provinces in Burkina Faso; counties and sub-counties in Kenya; and states and local government areas in Nigeria).ResultsWe found substantial variation among locations in Burkina Faso, Kenya, and Nigeria for each of the family planning indicators estimated. For example, estimated CPR in 2020 ranged from 13.2% (95% Uncertainty Interval, 8.0–20.0%) in Oudalan to 38.9% (30.1–48.6%) in Kadiogo among provinces in Burkina Faso; from 0.4% (0.0–1.9%) in Banissa to 76.3% (58.1–89.6%) in Makueni among sub-counties in Kenya; and from 0.9% (0.3–2.0%) in Yunusari to 31.8% (19.9–46.9%) in Somolu among local government areas in Nigeria. There were also considerable differences among locations in each country in the magnitude of change over time for any given indicator; however, in most cases, there was more consistency in the direction of that change: for example, CPR, mCPR, and met need for family planning with modern methods increased nationally in all three countries between 2000 and 2020, and similarly increased in all provinces of Burkina Faso, and in large majorities of sub-counties in Kenya and local government areas in Nigeria.ConclusionsDespite substantial increases in contraceptive use, too many women still have an unmet need for modern methods of contraception. Moreover, country-level estimates of family planning indicators obscure important differences among locations within the same country. The modelling approach described here enables estimating family planning indicators at a subnational level and could be readily adapted to estimate subnational trends in family planning indicators in other countries. These estimates provide a tool for better understanding local needs and informing continued efforts to ensure universal access to sexual and reproductive healthcare services.

Prevalence of eye and adnexal disorders among elderly inmates in Taiwan prisons

BackgroundPrisoner health is a topic of significant importance; however, it has received limited attention in epidemiological studies, likely because of challenges in obtaining relevant data. Specifically, research on ocular disorders among elderly prisoners is lacking. Thus, the aim of this study was to evaluate the prevalence of disorders of the eye and adnexa among elderly prisoners in Taiwan.MethodsWe investigated the presence of eye and adnexal disorders in elderly prisoners in Taiwan using data from the Taiwan National Health Insurance Research Database. The ocular disorders were identified using the appropriate disease codes in the International Classification of Diseases, 9th revision Clinical Modification (codes 360–379). In addition, the most common types of eye and adnexal disorders among the prisoners were identified.ResultsA total of 2215 elderly prisoners (age ≥ 65 years; 2073 men and 142 women) were examined. The prevalence of eye and adnexal disorders among the prisoners was 18.87%. The elderly female prisoners exhibited a higher prevalence of eye and adnexal disorders than the elderly male prisoners. The most common disorders were disorders of the conjunctiva, cataract, and disorders of the lacrimal system.ConclusionsA considerable proportion of elderly prisoners have disorders of the eye and adnexa. The overall quality of life of elderly prisoners can be improved by addressing their visual health, which contributes to the fulfillment of their basic human rights.

The Concept of Gus Dur's Humanism in Nusantara Islam

Gus Dur's concept of the indigenization of Islam is related to what is called Islam Nusantara, namely the embodiment of Islam through local traditions and culture of the archipelago. Thus rejecting local forms of Islam which are actually manifestations of Islamic universalism. That is, actually locality is colored by Islam, not vice versa, Islam is colored by locality. So that at this point, the indigenization of Islam found its urgency as a method in forming the Islam of the Archipelago. The formulation of the problem of this research is; What is Gus Dur's concept of humanism in Islam Nusantara and what are Gus Dur's contributions to Islam Nusantara. This study uses library research (library research), which is a collection of data or materials related to the theme of discussion and problems, which are taken from library sources and this type of research uses qualitative methods. The results of this study indicate that the relevance of Gusdur's concept of humanism to the Islam of the archipelago is as follows: First, according to Gus Dur his views on Islam are undergoing major changes. Second, according to Gus Dur, religion must be able to change people's morality by being patient and nurturing each other so that it conforms to Islamic teachings which are believed to be true by providing a good example as the main vehicle in the formation of morality that applies in the midst of a very high pluralistic society. Gus Dur also emphasized the value of monotheism in the concept of maqashid al-shari'ah which is embodied in the concept of kulliyatul khams, namely the aim of sharia to protect basic human rights.

An Exploratory Perspective on Morocco’s Migration Policies

Without doubt Morocco has been transformed from a country of transit into a country of residence for sub-Saharan migrants. Their integration into Morocco’s social fabric has been a priority for different Moroccan governments presided over by King Mohammed VI as part of an assimilationist discourse that responds to the social, cultural and religious diversity of Morocco. In signing international agreements and treaties on the basic human rights and integration of migrants, since 2000 Morocco has been integrating migrants from sub-Saharan Africa and the Middle East socially, economically and politically. This integration is intended to bridge migrants’ aspirations and Morocco’s culture, social welfare, market and politics. Indeed, continuous migration is altering contemporary Moroccan society as well as the very exemplary way in which the successive Moroccan governments presided by their King have legally confronted such an issue. This exploratory review article methodologically reviewed articles published by academic journals in English and French while foregrounding the main themes of the recent Moroccan experience and policies with regard to migration. It also explores how Morocco reformed its policies to deal with undocumented migrants and how Morocco has changed axiomatic and formulaic perceptions of sub-Saharan migration. The findings from this study pointed out that Morocco’s experience with the regularisation of undocumented migrants has been approached in an inclusive and humanitarian vein. With agility and flexibility, Morocco has managed to strike a balance between the demands of civil society organisations for the application of just migration approaches and the international agreements to that effect so as to move on with integrating illegal migrants into the Moroccan economic, social or political fabric. In this sense, Morocco exemplifies this new urge to step beyond conventional understandings of migration that engulfs the world into two camps of those who always send and those who always receive migrants. Based on the results of this study, implications for future research are discussed.

Regulations on Conditions for Foreigners’ Housing Ownership in Vietnam: Inadequacies and Possible Solutions

In Vietnam, the concept of “settling down, having a good career” becomes an important goal of each individual. It means having a stable place to live can be guaranteed when you get a job. Therefore, home ownership becomes a basic human right. In the current integration trend, when the opening to trade between countries around the world is deepening, the demand for house ownership is not only limited to Vietnamese citizens, but also to foreigners. Vietnam has also recognized the problem of foreigners owning houses in Vietnam, but there are still restrictions on the number of houses, the area of houses owned and other issues. Currently, the Government is implementing a policy to attract investment in housing in order to exploit the development potential of this field in Vietnam as well as to solve the outstanding housing problem and expand the housing market. Therefore, the issue of foreigners’ home ownership becomes an important concern and is one of the research subjects to implement this policy.The article presents the provisions of Vietnamese law, international law on home ownership rights of foreign individuals and organizations in Vietnam, as well as conditions for foreign individuals and organizations to own housing in Vietnam, a guarantee of human rights. In addition, the article also points out to the shortcomings of the national legal regulation, thus making some recommendations to overcome the difficulties of the real estate market and housing development in Vietnam.

Training third sector workers to communicate effectively through interpreters: the MELINCO project training course

ABSTRACT Non-governmental development organizations (NGDOs) are responsible for ensuring basic human rights for socially marginalised people. In situations of migration, people’s opportunity to regularise their migratory status and to secure their fundamental rights to key public services is entirely dependent on communication with the local administration. To support these processes for those who are not fluent in the language(s) of the destination country, NGDO workers must learn how to provide effective interpreter-mediated communication services. In 2019–20, the ‘Linguistic mediation for development cooperation’ (MELINCO) project brought together a multidisciplinary team to explore and respond to the communication needs of third sector organisations serving migrant populations. It included a self-study project involving the development and delivery of a training for NGDO staff, which was aimed at helping them select, prepare, and work with interpreters. The training was delivered online and was based on a needs assessment that involved data collection with NGDO representatives and interpreters. It received highly positive evaluations by participants in terms of course design, contents, and methodology, but our analysis also yielded directions for improvement in terms of extending opportunities for debate, design of practical applications, as well as facilitating participation in virtual learning environments.

At the EU Borders – Between the Use of Information Systems in Migration Procedures and Refusal of Entry into The Country

The reason for writing this article is the fact that the migration crisis that has been ongoing in Europe since 2015 is one of the greatest challenges that the European Union (EU) has faced since its establishment. It requires Member States to fulfill their obligation to ensure the security of the EU’s external and internal borders, while respecting common values, which include solidarity and human rights. The aim of the article is to analyze and evaluate the currently functioning migration policy, especially in the context of the use of EU IT systems in the face of the phenomenon of refusal of entry into the territory of the receiving country. This combination of two research areas fills a certain gap in the current literature on the subject. De lege lata comments and de lege ferenda demands will be presented, focusing primarily on criticism of the current system. The research used two research methods typical of legal sciences: the formal-dogmatic method and the comparative method. As a summary of the findings, it can be noted that investments are actually being made in new IT systems, the potential of which is still unused, and on the other hand, it is clear that basic human rights are not fully respected in the form of allowing applications for international protection. There is a need to reform migration management at the national level of Member States to be as consistent as possible with EU law and, in particular, its fundamental values.

Unfolding the History of the Quadricentennial Roman Catholic Churches in the Province of Camarines Norte

Faith and religion are inseparable elements that shape one’s being and personhood. The foundation of history in any place in the world and even in the remotest area of a small province has its roots in the early civilization of the local folks’ culture, traditions, beliefs, and ethnography. As a devoted Roman Catholic who was born and raised in the same faith by equally devoted parents, the researcher took a heartfelt fascination on how religion influenced, shaped, and reshaped the Province of Camarines Norte. As cited by Noel Alegre (2010) in his study of the Masonic symbols on the façade of Our Lady of the Candle Church in Paracale, Camarines Norte, “History of religions ceases to be on museum of fossils, ruins, and obsolete memorabilia and becomes what it should have been from the beginning for any investigator: a series of ‘messages’ waiting to be deciphered and understood” (Eliade in Comstock, 1971:57). Inspired by the study of Alegre, the researcher unearthed and unfolded the historical beginnings, developments, and contributions of the quadricentennial Roman Catholic Churches namely: St. John the Baptist Church in Daet, Nuestra Señora De la Candelaria (Our Lady of the Candle) in Paracale and Parroquia de San Pedro Apostol (St. Peter the Apostle) Church in Vinzons to provide and store verified information of the past, and how these catholic churches influenced and shaped the lives of the local folks in the Province of Camarines Norte. Tino (2023) also cited that “every society which honors basic human rights, has a role for the church and the state, the church has lived with under every form to men, nations, and governments come and go but the church endures; it is the oldest living institution known to man.” Being a devoted Roman Catholic, born and raised in the same faith by equally devoted parents, the researcher took a heartfelt fascination on how religion could influence, shape, and reshape his immediate society, the Province of Camarines Norte.

RELIGION-IN-EDUCATION MANAGEMENT PRACTICE: A SYNTHESIS OF LITERATURE

The world over, countries uphold both religion and education as basic human rights. Therefore education and religion are legally intersected and cannot be separated from the lives of learners, teachers, headteachers, board of managers, and parents among other stakeholders in a school. In this regard, experienced headteachers tend to leverage their own salient religious backing alongside active educational curriculum. The importance of religion can therefore not be gainsaid. Given that these educators have lived a religion that has espoused culture, values, morals, and practices, such propagation through religion-in-education to the learner may sometimes not be intentional. It is expressed involuntarily alongside curriculum implementation. However, owing to personal perceptions of their positional, cultural or religious authority and superiority, they may wittingly strategize to either diminish or enhance learner religious profession and practices. Educational institutions should cautiously avoid religious extremists. Such extremists may hinge towards converting learners to the choice religious beliefs and practices thus hindering learner religious freedom. The result would be a conflict with parents, teachers , and school managements of other, sometimes conflicting religious beliefs. The headteacher as a manager should lead by example to achieve learner educational objectives which sometimes is in conflict with their individual or groups religious rights. The challenge to school managers is the need to balance religious and educational rights in a religion-in-education multi-religious, multi-denominational and therefore multi-cultural context.

ДЕЯКІ МІРКУВАННЯ ПРО НАЦІОНАЛЬНИЙ ЗАХИСТ ГРОМАДЯНСЬКИХ ПРАВ ЛЮДИНИ

The doctrinal and normative legal definitions of the concept of human civil rights, as well as national guarantees for the provision of civil rights, their types and possible ways of improvement are considered in the article. The authors analyze the concept, legal and philosophical basis of the implementation of human rights in the international and national aspect, relying on the texts of international documents, as well as the scientific research of foreign and Ukrainian scientists in the fields of the theory of the state and law, international law and constitutional law. The authors believe that the concept of human rights and, in particular, human civil rights, has not been unchanged throughout its history, and if at the first stages of its development it was connected with a person's belonging to the state ("citizenship"), it gradually almost lost this connection . An analysis of the modern meaning of the concept of "civil rights" shows that the modern Ukrainian translation of the title of the 1966 Covenant: "International Covenant on Civil and Political Rights" is misleading, ambiguous and does not reflect the essence of the concept of "civil human rights" in international context. There is a possibility that Ukrainian legal science will find another equivalent of the term "civil rights" in the sense of basic human rights. As a possible option, a fairly meaningful replacement option is offered - "fundamental (essential) human rights and freedoms according to P.M. Rabinovych. The authors draw attention to the fact that the concept of national guarantees of ensuring civil rights is not always given by scientists. To them in the broad sense should be attributed state, that is, which belong to this country and concern its people, reflect its character, features and social activity, positively acting conditions and means that ensure their actual implementation. Since the natural rights of a person and a citizen, enshrined in the Constitution of Ukraine, are not exhaustive, an important guarantee of the protection of these rights should become a modern understanding of spiritual values. Keywords: civil rights, natural rights, basic civil rights, fundamental (essential) human rights and freedoms, national guarantees of ensuring civil rights.