Effectiveness Of Human Rights Research Articles

Bobbio's conception of human rights

This article aims to analyze the issue of human rights in the thinking of the Italian author Norberto Bobbio. The historical and contemporary debate on human rights has always been a scene of considerable controversy, gaining considerable space in the public debate with the advent of the Second World War, culminating in the signing of the Universal Declaration of Human Rights (1948). This declaration intended to meet a minimum set of rights so that every human being deserves, from birth, as a member of the human species. For the recognition of these rights universally, there is a need for this set of rights to correspond to the desires of all people, with their different cultures. In order to establish consensus, therefore, it is necessary to find homeomorphic concepts of human rights in different cultures. A second problem involving human rights is the issue of their protection, which is difficult to apply in certain cultures. In this second problem, Bobbio’s thought seems to have space, which identifies the effectiveness of human rights as the biggest challenge in this issue, especially regarding the rights of freedom and equality. The present study is based on exploratory research, with bibliographic analysis based on data collection in updated scientific material on the topic.

Protecting the Rights of Children and Young People in Detention: Evaluating Credibility and Effectiveness of Human Rights Monitoring Bodies

The need to protect the rights of children and young people in detention is the subject of a recent United Nations study (Nowak 2019) and is highlighted by national and international controversies. This article examines the role of external monitoring in preventing the ill-treatment of children and young people in detention. Australia has until recently shown limited interest in protecting the rights of people in detention, but, in 2017, it finally ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (OPCAT). This article examines Australia’s steps to ensuring the effective monitoring of the rights of people in detention, specifically the rights of children and young people in criminal justice detention. As a federal state, Australia must establish a comprehensive network of monitoring bodies constituting OPCAT’s National Preventive Mechanism across nine jurisdictions and with a range of existing monitoring bodies. This article highlights the importance of the “monitoring of monitoring” to ensure the fair treatment of children and young people in correctional detention. It identifies factors relevant to the effectiveness and credibility of child-centered monitoring processes and analyzes the opportunities for maximizing both in the Australian context and globally.

Prevention and control of Viral Respiratory Tract Infections in populations deprived of liberty

Introduction: One of the main causes of morbidity and mortality in the world, in populations of all age groups are caused by Viral Respiratory Tract Infections (VRTI), however, there are risk groups in which the condition can be aggravated, as the Population Deprived of Liberty (PDL). Aim: To identify the scientific production on strategies for prevention and control of outbreaks of VRTI in Populations Deprived of Liberty (PDL). Outlining: Medline, Pubmed Central, SCIELO, LILACS and Science Direct databases were used for data collection. Results: 387 articles were found. Of these, 20 addressed aspects related to the theme and only 16 presented a description of coping strategies for the infections addressed. The articles were categorized by content analysis by the Bardin method. Five categories were obtained: Monitoring the Health Situation of PDL (94%, n=15), Social Distancing (75%, n=12), Health Education (37%, n=6), Respect for Human Rights (25%, n=4) and Environmental Hygiene (19%, n=3). Implications: The implementation of these strategies depends on strengthening health systems, supporting the effectiveness of human rights and including the prison health agenda in the public health agenda not only in pandemic periods.

Recognition of a status acquired abroad

Analyzing the recent Italian case-law is clear that a difficult balance is maintained between the Italian Law and the State’s obligation to recognize a foreign status under the EU law and ECHR principles. Moreover, the recognition of foreign judgment and provisions related to personal status are surely interconnected with the role of public policy, on one hand, and the effectiveness of human rights on the other hand.

DEVELOPMENT OF IMPLEMENTATION MECHANISMS OF SOCIAL PROTECTION OF THE POPULATION AT THE STATE LEVEL

Summary.In the context of globalization, large-scale national policy in the field of social protection should significantly reduce the negative social consequences of the economic crisis. Ukraine’s desire to join the European Union is impossible without a system of economic, legal, organizational and other measures of state and non-state institutions and organizations that will influence and promote social stability and create conditions for increasing welfare, ensuring a high standard and quality of life. One of the main components that characterize the meaning of the term «welfare state» is social protection. If we do not try to create an effective social protection system that meets international standards, it will be impossible to create a real welfare state in Ukraine. Therefore, the formation of the social protection system is directly related to the process of achieving the goals set by the Constitution of Ukraine. The implementation of social policy is impossible without the implementation of social protection, and social protection is an important component of social policy and a necessary element of the functioning of the state in a market economy. The process of deeper integration into the world economic community involves many major changes in the state system as part of the socio-economic system, which is based on the idea of combining economic efficiency as a result of market forces and social compromise. The purpose of the study is to substantiate the areas of improving social protection in Ukraine. The article uses structural, logical, functional and comparative analysis as research methods. In the process of writing the article, the author studied the structure of social protection, substantiated the importance of the concept of quality of life in the context of Ukraine’s accession to the European Union, identified objective prerequisites for social development, efficiency and effectiveness of human rights and freedoms. As a result of the research, the issue of social protection development in Ukraine was brought up to date. In particular, the directions of improvement of social protection of the population through the mechanism of targeted assistance are investigated and offered. In this perspective, the strategy of combating poverty in our country is substantiated, in particular, by raising the minimum wage, legalization of shadow incomes and employment plans, as well as changing the priorities of the social protection system: from large-scale benefits to different categories of citizens public resources to help families in need.

The Effectiveness of Human Rights Due Diligence for Preventing Business Human Rights Abuses

Human rights due diligence is today a key aspect of the international, regional and national debates about corporate accountability for human rights abuse. It is a process by which businesses are expected to assess actual and potential human rights impacts, integrate and act upon the findings, track the responses, and communicate how those impacts are addressed. Yet there is little research as to how effective human rights due diligence is and whether its aim to prevent business activities which have adverse impacts on human rights, has been achieved in state and business practices. HRDD is now at the crossroads as it begins to become part of legislation, which will firmly test its potential to contribute substantively to the prevention of corporate human rights abuses. Drawing on developments in law and empirical research, this article examines the effectiveness of human rights due diligence as a means to prevent business activities which have adverse impacts on human rights, in relation to the actions of states, business and rightsholders.

Problems of interaction between the constitutional order and international law

The article analyzes the problem of the relationship between the provisions of constitutions and international treaties in constitutional law. Its solution often depends on the prevailing doctrine and case law of the constitutional courts regarding the application of the latter in the light of constitutional principles and rules. This is important for substantiation and decision-making by constitutional justice bodies. In this case, the problem is to decide whether the provisions of international treaties comply with the constitutional order and whether the constitutional justice authorities will use the provisions of international treaties in their activities and borrow elements of argumentation of international jurisdictions. This is the subject of heated debate, especially with the establishment of the European Economic Communities, although there is a specific relationship between international and national law, between supranational and national legal orders, as the nature of the EU is supranational and multilevel.Based on the experience of the constitutional justice bodies, arguments are presented that despite quite contradictory approaches, such can be unified by the Constitutional Court of Ukraine. This can be achieved provided that he solves these problems through the prism of fundamental principles of law, thus ensuring the supremacy of the Constitution of Ukraine and the national identity of Ukraine in the legal geography of the world. The components of such a process are the application by the ССU of the principle of friendly attitude to international law and taking into account national interests, constitutional principles of territorial integrity and independence of Ukraine, human rights guarantees and compliance with due process. The study of Ukraine’s European integration in the light of constitutional principles should be based on the protection of the above values and the effectiveness of human rights, the balance of private and public interests. In the light of harmonization of legislation under the EU-Ukraine Association Agreement, the acquis commumautaires of the European Communities should also be taken into account, in particular the case law of the Court of Justice of EU, which can be used as a basis for reasoning public administration and judicial decisions.

Coração Púrpura: o debate sobre as pessoas com deficiências não aparentes e os reflexos nos direitos humanos e da personalidade

O objetivo do trabalho é analisar os direitos das pessoas com deficiência não aparente, utilizando como ponto de reflexão a condecoração Coração Púrpura, concedida a oficiais feridos ou mortos em missões bélicas norte-americanas, mas que, porém, é negada a veteranos que sofrem de transtorno pós-traumático decorrente de combates. A partir desta reflexão, questiona-se a efetividade dos direitos humanos e da personalidade das pessoas com deficiência não aparente no Brasil. Para tanto, utilizar-se-á do raciocínio indutivo, partindo da análise específica da condecoração Coração Púrpura para uma análise geral, que terá como escopo a dimensão social alcançada pela definição de deficiência traçada na Convenção das Nações Unidas sobre os Direitos das Pessoas com Deficiência de 2007, e empregar-se-á, os instrumentos bibliográfico e documental, com análise descritiva e o jurídico-comparativa. Conclui-se, que, quando não esse reconhecimento aos soldados, se reforça o estigma que circunda as deficiências não aparentes e se nega às pessoas, os seus direitos.

Revisiting international human rights treaties: comparing Asian and Western efforts to improve human rights.

This paper presents a review of existing literature to understand the effects and effectiveness of human rights treaties in the Asia Pacific region, particularly in Southeast Asian countries, in contrast to Western nations. The review argues that factors at the international/treaty level and factors at the domestic state level increase the difficulty of implementing effective international treaties on human rights. At the international level, the treaties and organizations to which states belong suffer some weakness as discussed in international relations theories, while seven factors are particularly important for promoting effectiveness of international human rights treaties at the domestic level: political capacity, economic development, national human rights institutes, regional human rights courts, regional intergovernmental organizations, strength of civil society, and political stability. Although the number of international human rights agreements signed and ratified by Asia Pacific states is increasing following the trends of Western states, less research focuses on the implementation and effects of these institutions. Asia Pacific nations face vastly different conditions than Western nations, such as more complicated security environments, larger cultural and religious differences, and less development and democratic values in some cases. Due to these differences, it is important to consider other potential variables that influence efficacy of treaty instruments for non-Western nations. What are the differences between implementation of human rights treaties in Western and Asian nations? How do they affect the efficacy of international agreements on individual human rights?

A DIFICULDADE DO ACESSO À SA´ÚDE PELO GRUPO LGBTI NO BRASIL DURANTE A PANDEMIA: uma análise à luz da teoria da eficácia horizontal dos direitos humanos

O presente estudo tem como objetivo discorrer sobre a dificuldade enfrentada pela população LGBTI no Brasil no que tange ao acesso à saúde. Trata-se aqui de um direito social já de segunda dimensão dos Direitos Humanos, incorporado pela Constituição brasileira. Contudo, observa-se uma marginalização maior desse grupo, visto que a pandemia da Covid-19 acarretou prejuízos à saúde mental e maior dificuldade de acesso aos locais de atendimento. Dessa forma, o estudo busca a compreensão das violações cometidas a esse grupo no país, resultantes de um longo processo de discriminação; além de apontar um possível passo na resolução do problema com base na teoria da eficácia horizontal dos Direitos Humanos.

UMA ANÁLISE DA APLICAÇÃO DOS TRATADOS E CONVENÇÕES SOBRE DIREITOS HUMANOS NOS CASOS ENVOLVENDO O DIREITO AO ACESSO À MACONHA MEDICINAL: UM ESTUDO A PARTIR DAS DEMANDAS JUDICIAIS ENVOLVENDO DERIVADOS DE CANNABIS NA PARAÍBA

A problemática do direito ao acesso a remédios à base de cannabis sativa tem desafiado os cenários acadêmicos e os espaços de poder. Essa demanda legítima constitui um imperativo e se liga à efetividade dos Direitos Humanos. Trabalha-se com a hipótese de que a proibição ou a criação de dificuldades burocráticas por parte do Estado para o acesso à maconha a quem dela precise para fins medicinais/terapêuticos constitui violação dos termos dos Tratados Internacionais de Direitos Humanos dos quais o Brasil faz parte. O artigo objetiva de modo geral um estudo sistemático e crítico dessa problemática à luz das construções interpretativas sobre o Sistema Internacional de Proteção dos Direitos Humanos. Para tanto, realiza-se uma pesquisa sociojurídica, exploratória, bibliográfica e documental. Como pesquisa documental, escolhe-se a atuação do Ministério Público Federal da Paraíba na defesa dos direitos de pacientes para pensar como as categorias jurídicas dos Tratados e Convenções Internacionais são mobilizadas nesse processo.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

Direito internacional público, migrações em massa e constitucionalismo internacional

The following work discusses whether countries are internationally obliged to welcome immigrants and refugees to their national territories and guarantee them treatment according to the principle of human dignity, or if it is merely at the countries’ discretion to establish politically governable regulations and choices, afforded legitimacy by the national sovereignty, even if this offends internationally consecrated human rights. The article also asks if countries have the political and legal legitimacy in their territories to impose regulations that contradict the standards recognized in the sphere of international declarations and conventions on human rights, justified by the pretext inherent to the national interest. The article therefore responds to the problem at hand by way of the theory of equilibrium, guided by respect for national sovereignty without compromising the effectiveness of human rights. The article also articulates the compression of global constitutionalism as a key factor in the sphere of the metamorphosis of the standards of Public International Law, which regulate modern-day migration issues.

Do acesso à justiça pleno do brasileiro perante a corte interamericana de Direitos Humanos

Através da metodologia de pesquisa bibliográfica e documental, com método indutivo, o presente artigo verificará a impossibilidade dos indivíduos, principalmente dos brasileiros, de ter o pleno acesso à justiça perante o Sistema Regional Americano de Proteção aos Direitos Humanos ante o impedimento de peticionamento direto e representação própria perante a Corte Interamericana de Direitos Humanos, o que constitui um obstáculo na proteção e efetivação dos próprios Direitos Humanos per se à eles consagrados, capaz de gerar o sentimento de insatisfação e injustiça, propondo-se, ao final, a evolução do Sistema, inspirado no Europeu como modelo, capaz de suprir essa falta de legitimação.

La protección de los derechos humanos y la inejecución de las sentencias de amparo por el indebido financiamiento de políticas públicas en México

El presente trabajo tiene como objetivo reflexionar el grado de eficacia actual de la protección de los derechos fundamentales por el Estado a través del juicio de amparo, ante la negativa de los órganos públicos de satisfacer a través de bienes y servicios los derechos de las personas, por el indebido financiamiento del ente legislativo. Tema que permite debatir la actualización de instituciones jurídicas necesarias para lograr la concesión de amparo, la creación y modificación de políticas públicas, así como la debida distribución de la riqueza económica en el país para la efectividad de los derechos humanos conforme a estándares del bloque constitucional de derechos humanos.

A Discussion of Kathryn Sikkink's Evidence for Hope: Making Human Rights Work in the 21st Century

Since their emergence in the late eighteenth century, doctrines of universal individual rights have been variously criticized as philosophically confused, politically inefficacious, ideologically particular, and Eurocentric. Nevertheless, today the discourse of universal human rights is more internationally widespread and influential than ever. In Evidence for Hope, leading international relations scholar Kathryn Sikkink argues that this is because human rights laws and institutions work. Sikkink rejects the notion that human rights are a Western imposition and points to a wide range of evidence that she claims demonstrates the effectiveness of human rights in bringing about a world that is appreciably improved in many ways from what it was previously. We have invited a broad range of scholars to assess Sikkink’s challenging claims.

A Discussion of Kathryn Sikkink's Evidence for Hope: Making Human Rights Work in the 21st Century

Since their emergence in the late eighteenth century, doctrines of universal individual rights have been variously criticized as philosophically confused, politically inefficacious, ideologically particular, and Eurocentric. Nevertheless, today the discourse of universal human rights is more internationally widespread and influential than ever. In Evidence for Hope, leading international relations scholar Kathryn Sikkink argues that this is because human rights laws and institutions work. Sikkink rejects the notion that human rights are a Western imposition and points to a wide range of evidence that she claims demonstrates the effectiveness of human rights in bringing about a world that is appreciably improved in many ways from what it was previously. We have invited a broad range of scholars to assess Sikkink’s challenging claims.

A Discussion of Kathryn Sikkink's Evidence for Hope: Making Human Rights Work in the 21st Century

Since their emergence in the late eighteenth century, doctrines of universal individual rights have been variously criticized as philosophically confused, politically inefficacious, ideologically particular, and Eurocentric. Nevertheless, today the discourse of universal human rights is more internationally widespread and influential than ever. In Evidence for Hope, leading international relations scholar Kathryn Sikkink argues that this is because human rights laws and institutions work. Sikkink rejects the notion that human rights are a Western imposition and points to a wide range of evidence that she claims demonstrates the effectiveness of human rights in bringing about a world that is appreciably improved in many ways from what it was previously. We have invited a broad range of scholars to assess Sikkink’s challenging claims.

A Discussion of Kathryn Sikkink's Evidence for Hope: Making Human Rights Work in the 21st Century

Since their emergence in the late eighteenth century, doctrines of universal individual rights have been variously criticized as philosophically confused, politically inefficacious, ideologically particular, and Eurocentric. Nevertheless, today the discourse of universal human rights is more internationally widespread and influential than ever. In Evidence for Hope, leading international relations scholar Kathryn Sikkink argues that this is because human rights laws and institutions work. Sikkink rejects the notion that human rights are a Western imposition and points to a wide range of evidence that she claims demonstrates the effectiveness of human rights in bringing about a world that is appreciably improved in many ways from what it was previously. We have invited a broad range of scholars to assess Sikkink’s challenging claims.

A Discussion of Kathryn Sikkink's Evidence for Hope: Making Human Rights Work in the 21st Century

Since their emergence in the late eighteenth century, doctrines of universal individual rights have been variously criticized as philosophically confused, politically inefficacious, ideologically particular, and Eurocentric. Nevertheless, today the discourse of universal human rights is more internationally widespread and influential than ever. In Evidence for Hope, leading international relations scholar Kathryn Sikkink argues that this is because human rights laws and institutions work. Sikkink rejects the notion that human rights are a Western imposition and points to a wide range of evidence that she claims demonstrates the effectiveness of human rights in bringing about a world that is appreciably improved in many ways from what it was previously. We have invited a broad range of scholars to assess Sikkink’s challenging claims.