Economic Rights Research Articles

Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”

The relevance of the study is conditioned by the lack of scientific consensus on the legal content and possible ways to implement social and economic human rights and the intensification of discussions around them in scientific and public discourse. The purpose of the study is a historical and legal analysis of the process of development of international legal standards in the field of economic and social human rights, options for their rationing in the text of international treaties that were developed based on the results of discussions in the late 1940s-early 1950s. The study involved archival materials of meetings of the Third Committee of the UN General Assembly and the Commission on Human Rights, which was based on the use of a set of methods of qualitative and quantitative analysis, synthesis, and a comparative legal method. The conducted research gave grounds to come to several reasoned conclusions. On the one hand, the analysis of individual papers and fairly broad scientific discussions helped to identify several main conceptual approaches to understanding the processes of developing and consolidating the most important legal norms that are aimed at regulating the sphere of economic and social human rights at the international level. On the other hand, based on a study of the protocols of meetings of both the Third Committee of the UN General Assembly and the Commission on Human Rights, it was established that the process of developing and adopting framework international covenants, which aimed to consolidate fundamental, legally binding norms of law, went through different stages and covered different conceptual approaches of participants in this process. Given the analysis of modern studies on the subject matter, the prerequisites and components of the process of development of international legal standards in the field of economic and social human rights which regulate it to this day were identified. The findings are of value primarily for other scientific developments devoted to the field of human rights, but they can also be applied in the process of law-making in accordance with the field of law

African Labour’s Cold War


 
 
 This article examines the conflict over “free” trade unionism within the Ghana Trades Union Congress (GTUC) during the 1950s and early 1960s. It demonstrates how labour leaders sought to anchor economic rights in ambitious development planning and extend their influence across the continent in the wake of decolonization. In contrast to colonial-era concepts of free trade unions as apolitical associations, anti- colonial and postcolonial leaders recognized the transformative political potential of labour organizing. On the basis of GTUC publications and the correspondence of its leadership with the International Conference of Free Trade Unions (ICFTU) in Brussels, this article shows how Ghanaian labour leaders attempted to leave behind colonial-era dependencies while subordinating Cold War rivalries to what they per- ceived as the special, historically unique situation of newly decolonized countries. Ghanaian leaders eschewed existing models for international trade unionism, leading to a brief period of disaffiliation from the Western-oriented ICFTU as they attempted to chart their own path by mobilizing labour across the African continent. Ultimately, these attempts failed, and the forceful bid for a pan-African labour alliance under the Nkrumah government alienated many other African nations as leadership experienced increasing protest at home.
 
 

The Influence of the International Labour Organization on International Law and State Practice: An Analytical Study

This study aims to provide a comprehensive examination of the International Labour Organization's (ILO) institutionalization of international labour standards and its significant impact on the development of international law. It commences with a historical exploration of the ILO, emphasizing the crucial role of its tripartite structure in establishing and overseeing international labour standards, including the fundamental principles and rights at work. The study highlights the positive effects of these standards on the social and economic welfare of workers. Additionally, it delves into the essential ILO conventions and declarations, shedding light on the significance of “soft law” instruments, such as widely adopted ILO recommendations. The study also investigates the ILO's collaborations with other United Nations agencies and regional organizations, illustrating its effective role in promoting the implementation and monitoring of international labour standards, specifically in the context of Saudi Arabia. In summary, this study argues that the ILO has played a substantial role in formulating fundamental international labour standards that encompass economic, social, and cultural rights, as well as the eradication of workforce discrimination, predating the United Nations’ human rights framework. It underscores the ILO’s pioneering efforts in recognizing labour rights as human rights and its active promotion of social justice and the economic well-being of workers worldwide. Through its comprehensive analysis, this study underscores the importance and influence of the ILO's work within the realm of international law. keywords: International law, international labour organisation, international labour standards, decent work, social justice, Saudi Arabia

Neo-liberalism, human capital theory and the right to education: Economic interpretation of the purpose of education

With the end of WW II, a new world order emerged that recognised the significance of human rights as part of the remedial measures to institute global peace. This is recognised in Articles 1(3), 13(1)(b) and 55(c) of the 1945 United Nations Charter. Thereafter, the human rights ideals recognised by the UN Charter were codified into the Universal Declaration of Human Rights (UDHR) 1948 (Fait, 2015: 26). Despite not having a binding force, the UDHR became a standard-setting instrument covering all generations of human rights including the right to education. Later, two distinct treaties – i.e., the International Covenant on Civil and Political Rights (ICCPR) 1966 and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 were adopted as a follow-up to the UDHR. Articles 13 and 14 of the ICESCR made more expansive provisions on the right to education than Article 26 of the UDHR. However, the adoption of policies driven by neoliberal ideals and associated neo-classical economic principles in the delivery of education has brought education under market forces, encapsulating it with an economic purpose. This makes education central to the realisation of the neoliberal ideology as schools focus on teaching technical skills and knowledge necessary for the achievement of the economic purposes of education. This paper argues that while the economic purpose of education which is in line with neoliberal and associated neo-classical economic principles is germane for states’ economic development, a holistic approach is consistent with the human rights purpose of education.

The South African music landscape and the Copyright Amendment Bill

Abstract In South Africa, the issue of musicians dying as paupers despite their fame relates to a set of factors, including technological developments that affected traditional modes of content distribution and archaic laws, that predates the internet. Relying on CISAC and IFPI reports, this article finds that while physical copies, which were by far the most rewarding mode of music distribution, have become obsolete, current modes of distribution – downloads and streaming – have diminished revenue for the South African musician. This situation is due to free streaming from platforms that enable user-uploaded content, as well as to negligible payouts from streaming platforms in general. Efforts by the legislature to address musicians’ dwindling income are nevertheless contradictory. Looking at sections of the Copyright Amendment Bill and stakeholder submissions thereto, it is clear that the bill diminishes artists’ economic rights through unmitigated exceptions while leaving the safe harbour provisions unaddressed, which pose a further risk to artists’ income.

Reasserting the Right to Adequate Clothing in International Human Rights Law

Abstract Through examining the practice of the United Nation’s Committee on Economic, Social, and Cultural Rights, this article reasserts the ‘forgotten’ right to adequate clothing as a distinct right deriving from Article 11 (1) of the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In doing so, this article traces and explains how the right to adequate clothing has ceased to feature in reporting and monitoring under the ICESCR. The right to adequate clothing must be reasserted for three reasons. Firstly, an accurate interpretation of the ICESCR requires its recognition as a distinct right. Secondly, it is the only human right that can effectively respond to the specific harms stemming from inadequate clothing. Thirdly, clothing is a prerequisite for the enjoyment of human rights generally. Consequently, the right must be reintegrated into the ICESCR’s reporting guidelines to allow effective monitoring and to engender the institutional development of this right.

Czy stare i nowe miasto były skazane na konflikt? Głos w dyskusji w świetle nowszych badań

Were the old and new towns doomed to conflict? A voice in the discussion in the light of newer research The article consists of two parts. In the first one I present the causes and forms of conflict between municipalities in one urban centre in medieval Poland. It is a summary of and supplement to the material presented in my book about double and multiple cities in medieval Europe, limited here to Polish lands. In the second part, I engage in a debate with works published since then that question the existence of competition and conflict between municipalities: by Marcin Starzyński in relation to Kazimierz in Cracow and by Piotr Samól in the case of Jungstadt in Gdańsk. Direct proximity determined the intensity of contacts and mutual dependence, which led to tensions, and in some circumstances could lead to acts of violence and material destruction of weaker municipalities. The biggest area of tension was economic rights. Among them, the right to cut cloth, sell beer, rights to markets and fairs played a special role. The main centre usually aimed for a monopoly and sought to encompass the city’s broadly defined environs. However, the essence of the dispute was not the economic or craft activity, but its removal from the control of the old town authorities and the functioning of an independent municipality. The older and usually stronger commune looked down on its neighbour, while the younger one felt humiliated and wronged. In addition, direct proximity often caused military problems: weaker fortifications of the new town or their absence became a cause or pretext for restricting or partially or even completely eliminating construction. Open violence against a neighbouring centre was contrary to the interests of the superior of these municipalities, so it happened rarely, usually during a war in the area. At the same time, tension and rivalry between municipalities did not exclude cooperation in many areas or pragmatic benefits from mutual proximity. It probably constituted a potentially significant factor stimulating the development of such complex urban structures.

Impact of Informal Online Learning on the Lives of Tribal Women: An Ethnographic Study from Central India

Technology has a significant impact on our daily lives. Before the COVID-19 outbreak, we were not adequately aware of the use of technology, either in academia or otherwise. After the pandemic, we have been forced to depend on technology for everything. Tribal women in India are deprived of their social, economic, and political rights. Hence, they are in rampant state of poverty and do not have minimum needs to survive. This prevents them from engaging in traditional learning activities. Despite of these limitations, few of them do possess android phones in order to fulfil their essential need of telephonic engagement with their friends and peers. However, it is through these devices that they can most conveniently engage in informal learning through technology and thus, informal technological learning is highly beneficial to tribal women. The article draws its inferences from both primary and secondary sources of data. The primary data is gathered through a field study among the Gond and Panika tribal women from Lalpur village of Pushprajgarh, Anuppur District of Madhya Pradesh. The village is an adjacent to IGNTU campus. The secondary data is gathered from published and unpublished sources, online materials, and other related literature from magazines, newspapers, and reports of government and non-government agencies. The thrust of the article is to explain the use of technology and its benefits to tribal women in their day-to-day life situations.

DISCUSSION ON THE RECOGNITION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS JUSTICIABLE RIGHTS

The purpose of this paper is to present an overview on the discussion around the justiciability of economic, social and cultural rights (ESCR), i.e., whether they are able to be invoked before national or international courts. Thus, from the traditionally unfavorable allegations to the ESCR, a historical review on its origin, concept and legal nature is presented in order to dismantle those allegations, bringing up the pertinent arguments, presented as an outcome of this study, which prove, therefore, the ESCR justiciability. From a methodological perspective, this paper is developed through analysis regarding the different approaches in legal sources and official documents at the national, and in particular, the international sort, in order to demonstrate that the present discussion can take place in any level, whether national, regional or global, whenever DESC violation is detected. For this reason, the arguments intend to overcome the discussion on the justiciability of DESC as a way of guaranteeing a legal remedy to victims in case of violation, in order to increase levels of quality of life and contribute to the drastic reduction of poverty and social inequalities of any country. Therefore, if the justiciability of ESCR is not recognized as is the justiciability of civil and political rights (CPR), all the acknowledgments and efforts made to consider all human rights as one integrated body will be worthless.

Теоретико-прикладные аспекты развития прав и свобод человека и гражданина

Introduction. The doctrine of human rights and freedoms attracts a wide range of scientists. Under presentday conditions, a number of well-established and seemingly traditional approaches to their definition and legal regulation are being rethought. Both external factors, such as interstate relations, and internal factors, like constitutional amendments, can influence these processes. Methods. The methodological framework for the study is a set of methods of scientific cognition, including such main ones as the methods of consistency, analysis, and comparative law. Results. The paper analyzes the doctrinal sources dealing with the dynamics of rights and freedoms, as well as the constitutional and other norms of the legislation of the Russian Federation and the Republic of Belarus. Conclusions. It is proposed that, taking into account the existing classification of rights and freedoms, depending on the sphere of their manifestation, their scientific component should be developed, namely, the scientific definition of personal, political, economic, social, and cultural rights, in view of their specifics. Attention is focused on new groups of rights – informational and somatic ones. Information technologies are an important means of realizing the full range of human and civil rights and freedoms. The author’s scientific definition of somatic rights is given in the paper. The proposals are made to improve the acts of constitutional and family legislation.

The Politics of Law Enforcement of Corruption in Indonesia in the Criminal Justice System

Corruption in Indonesia is one of the important problems for Indonesia, in addition to causing impacts in various sectors, corruption also occurs in various institutions both at the local and national levels. Various major cases of corruption also show that various law enforcement efforts are influenced by political interests. Law enforcement against corruption is also very different from other crimes, including because of the many institutions authorized to carry out judicial proceedings against corruption crimes. Such a condition is a logical consequence of the predicate placed on the crime as an extra ordinary crime. The impact of corruption can be seen from the occurrence of various kinds of disasters that directly damage the order of life of the nation, even corruption is also a deprivation of economic rights and social rights of the Indonesian people. This study aims to analyze the political direction of law enforcement to eradicate corruption in Indonesia. The method used in this study is in the form of a mixed method that combines normative juridical research with empirical data in the field. The projected results of this study are in the form of real data regarding the implementation of religious freedom regulations on the UNNES campus. The output of this research is in the form of articles published in accredited national journals.

Natural disasters, foreign direct investment, and women's rights in developing countries

We examine the conditions under which women's economic and political status is less vulnerable in the aftermath of natural disasters. We theorize that women in natural disaster-hit countries that receive higher levels of foreign direct investment (FDI) are less susceptible to the gendered impacts of those disasters. Since FDI is vital to post-disaster economic recovery, countries grappling with natural disasters are motivated to uphold women's rights as a strategy to attract FDI. Furthermore, multinational corporations (MNCs)’ operation and commitment to gender equality-based values and practices are also an impetus to address the deterioration in respect for women's rights. By conducting a time-series cross-sectional, ordered logistic analysis with random effects and using a comprehensive dataset on natural disasters and women's rights, including 107 developing countries from 1990 to 2011, we find that FDI mitigates natural disasters' adverse effects on women's economic rights but not their political rights.

A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh

A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh

Twenty-Five Years of Polish Equity Market Performance: The Questionable Force Shaping Economic Property Rights Institutions

ABSTRACT This papere explores and quantifies the evolution of equity market performance and economic property rights dynamics in a reinstated market economy in Poland in the years 1995 to 2021. Using dynamic panel estimation techniques and monthly observations, we find evidence of convex relationships between both the wider stock market and the banking sector and property rights. The findings imply that moderately successful stock and banking markets support property rights, whereas bouts of market volatility indicate underlying preexisting economic and institutional weakness. The combined impact of fiscal policy and private debt further deteriorates institutions, suggesting capital misallocation.

Legal Protection of Digital Painting Works as Intellectual Property Right

Currently, there is evidence of plagiarism or use of digital painting works that were taken secretly without permission from the owner of the digital painting artwork, because this very free digital space makes intellectual property works vulnerable to theft. The aim and focus of the research is more on analyzing legal protection arrangements for digital painting work. The research method used is normative juridical analysis using legal data in an open source manner with digital painting objects. Based on the research results, the legal protection of digital painting is protected by Law Number 28 of 2014 concerning Copyright and an international agreement in the form of the Trips Agreement. In accordance with Article 4 of the Copyright Law which states that copyright, including digital painting, is an exclusive right which consists of moral rights and economic rights. As for legal remedies for digital painting creators whose creations are misused by other people, they can report them via the E-Commerce Platform and can take legal action outside of court and also take legal action by filing a lawsuit in the commercial court. This research contributes a new regulatory discipline to digital painting.

The Right to Marry and the Right to Establish a Family in the Universal, European and Polish Dimension

Abstract The subject of the article is an analysis of the human right to marry and the right to establish a family. The author considers the guarantees of this right in three areas. The first one is the universal dimension, the essence of which are the documents guaranteeing the protection of human rights adopted by the United Nations: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Social, Economic and Cultural Rights. In the European dimension, the most important is Article 12 of the European Convention on Human Rights, ensuring the right to marry for a man and a woman who have reached the appropriate age. In the Polish national dimension, Article 18 of the Constitution of the Republic of Poland of 1997 solidified the existing traditional form of marriage, i.e. the state of a union between a man and a woman. It also ensures the care and protection of the state to families created on the basis of a formally concluded marriage, as well as to other families, especially those with many children and incomplete families. According to the author, the right to get married and the right to found a family are connected and complementary, but the right to start a family can be exercised independently of getting married.

THE IMPACT OF LABOR LAWS ON FUNDAMENTAL HUMAN RIGHTS IN THE WORKPLACE: A COMPARATIVE ANALYSIS BETWEEN NIGERIA AND THE UNITED STATES

Labors laws are the body of rules that regulate the relationship between employers and employees at work places. Like all other laws, it provides for the rights and duties of both parties to labor contract. However, the rights so granted under this law has been subtly categorized under the specie of economic and social rights as against the civil and political rights which, arguably, are considered as fundamental. While in one breathe, labor law scholars are protesting the relegation of these rights, they are on the other hand are beginning to interrogate the potency of the former rights and found that they, by their very nature, are capable of adding meaning and advancing the civil and political rights. Thus, a genuine effort at protecting the fundamental rights would necessarily involve the protection of labor rights as economic and social rights. The problem in Nigeria, however, is that the government and generally employers of labor exploit the provisions of various labor laws to hinder the protection and advancement of the fundamental human rights of their employees. Hence, this paper seeks to draw lessons from the labor laws and practice of the United States to demonstrate the positive impacts that Labor laws could have in strengthening the protection of fundamental human rights of Nigerian workers at their workplaces.

Non-governmental human rights organizations and protection of rights at the European Court of Human Rights

The article clarifies the role of non-governmental human rights organizations in the protection of rights at the European Court of Human Rights, as well as the forms of such protection. The practical aspects of the participation of human rights NGOs in the protection of rights at the ECHR are analyzed, and the dual nature of the participation of such organizations at the level of the human rights court is determined. First, the organization protects its rights as a legal entity. It not only defends its rights, but also provides a practical example for other similar organizations. That is, other organizations that may face similar violations in the future can protect their rights based on, among other things. on the decision of the ECtHR. Secondly, the organization indirectly protects other civil, social, and economic human rights. Regardless of whether the organization is the applicant or participates in the proceedings as a third party, it seeks changes in the socio-political events of the country with its own position adopted by the ECtHR. In the case of Romania, the organization pushed for the country to adopt appropriate legislation for same-sex couples, equating them in rights with traditional spouses; in climate affairs, organizations should encourage national governments to take additional measures to protect the life and health of the population, etc.
 It was concluded that the participation of human rights non-governmental organizations in the ECHR has both a theoretical and a practical aspect. The theoretical aspect is the possibility of organizations to participate in the proceedings as an applicant (protecting their own rights and not the rights of third parties) or a third party, while fulfilling the conditions regarding the admissibility of the application. The practical aspect is that organizations indirectly protect human rights by influencing the socio-political events and the development of democracy and the rule of law.

Financing child rights in Malawi

BackgroundNearly all countries have ratified the United Nations Convention on the Rights of the Child and, therefore, support children having access to their rights. However, only a small minority of children worldwide have access to their environmental, economic, and social rights. The most recent global effort to address these deficits came in 2015, when the United Nations General Assembly agreed to a plan for a fairer and more sustainable future by 2030 and outlined the Sustainable Development Goals (SDGs). One remediable cause is the lack of revenue in many countries, which affects all SDGs. However, illicit financial flows from low-income to high-income countries, including international tax abuse, continue unabated.MethodsUsing the most recent estimates of tax abuse perpetuated by multinational companies and tax evasion through offshore wealth, and precise econometric modelling, we illustrate the potential regarding child rights (or progress towards the SDGs) if there was an increase in revenue equivalent to tax abuse in Malawi, a low-income country particularly vulnerable to climate change. The Government Revenue and Development Estimations model provides realistic estimates of government revenue changes in developmental outcomes. Using panel data on government revenue per capita, it models the impact of increased revenue on governance and SDG progress.ResultsIf cross-border tax abuse and tax evasion were curtailed, the equivalent increase in government revenue in one country, Malawi, would be associated with 12,000 and 20,000 people having access to basic water and sanitation respectively each year. Each year, an additional 5000 children would attend school, 150 additional children would survive, and 10 mothers would survive childbirth.ConclusionsMore children would access their economic and social rights if actions were taken to close the gap in global governance regarding taxation. We discuss the responsibility of duty bearers, the need for a global body to arbitrate and monitor international tax matters, and how the Government of Malawi could take further domestic action to mitigate the gaps in global governance and protect itself against illicit financial flows, including tax abuse.

Legal Relationship with Law No. 11 of 2020 Concerning Job Creation Using a Benefits Approach

The main problem in this research is to examine the issue of the concept of Law Number 11 of 2020 concerning Job Creation Using a Beneficial Approach, regarding the view of Islamic Law regarding Law No. 11 of 2020 concerning Job Creation, benefits of Law no. 11 of 2020 concerning Job Creation for workers and the existence of Law no. 11 of 2020 concerning Job Creation from a Sharia Economic Law perspective. The type of research used in this research is library research. The data sources used are primary data and secondary data. The results of this research are that the review of Islamic law in Law no. 11 of 2020 concerning Job Creation is a form of preserving the soul (hifzh al-nafs) in the principles of maqashid sharia as a means of maintaining their economic rights to survive. As for the benefits of Law no. 11 of 2020 concerning Job Creation that can be felt at this time, namely: creating jobs, encouraging investment, an easier and faster licensing system, and simplified investment requirements. The value of Sharia Economic Law is viewed from Law no. 11 of 2020 concerning Job Creation, providing sharia economic growth, especially in the sharia financial industry in Indonesia such as Sharia Banks, Non-Bank Sharia Financial Industry, Sharia Cooperatives and Sharia Capital Markets, in the future there will be great opportunities in running their business.