Enjoyment Of Rights Research Articles

‘The way they treat us reflects how they see us’: Aspects contributing to social inequities in people with visual disability, a qualitative study

People with visual disabilities encounter multiple barriers in their life experiences, placing them at a social disadvantage compared to sighted individuals. These barriers manifest in a limited access to and exercise of their rights, situations perceived as unfair or inequitable. The present research aimed to understand how inequities are configured in people with visual disabilities, based on practices and perceptions of fairness/unfairness and their expression in relation to access to material goods and services. An instrumental ethnographic case study was conducted within a community-based institution in Bucaramanga, Colombia, focusing on rehabilitation and social inclusion processes for individuals with visual disabilities and their families. Twenty-two semistructured interviews and 37 participant observation exercises were carried out and documented in a field diary. The emerging categories were (1) the family can be an obstacle or an aid in overcoming social injustices; (2) visual disability is a label, it is in the environment, in the way society recognizes it; and (3) from social exclusion to willingly-given inclusion. Our results indicate that inequities are configured primarily in relation to how people close to those with visual disabilities perceive and act towards them, constituting scenarios of cultural injustice (non-recognition). Part of the meanings and practices that people uphold are based on the view of a body considered outside the canon of normality and the non-recognition of a full citizenship, conditioning discriminatory (such as charity and infantilization), stigmatizing and excluding practices. The inclusion of this population group is mediated by the sensibility of the sighted other, a situation that conditions that the access and full enjoyment of rights is a matter of will.

GHANDIAN PHILOSOPHY OF NON-VIOLENCE IN THE ITALIAN CONSTITUTION

This article explores the connection between Mahatma Gandhi’s philosophy of non-violence and the fundamental principles of the 1948 Italian Constitution, analysing how Gandhian values have influenced the architecture of rights and freedoms enshrined in the Italian Constitutional Charter. The article begins with a reflection on work as an instrument of personal emancipation and collective growth, a concept that Gandhi considered central to the development of a just and harmonious society. It examines how Article 1 of the Italian Constitution, which proclaims Italy as ‘a democratic republic, founded on labour’, embodies these principles, highlighting the role of work not only as a means of subsistence, but as the foundation of the welfare and progress of the entire nation.Continuing, the article analyses the principle of formal and substantive equality enshrined in Article 3 of the Italian Constitution, relating it to Gandhi’s struggle against the caste system in India. The Italian Constitution embraces the concept of equality not only before the law, but also in the removal of economic and social obstacles that prevent the effective enjoyment of rights by all citizens.Special attention is devoted to Article 11 of the Constitution, which repudiates war as an instrument of offence against the freedom of other peoples and promotes peace and international cooperation. This principle is closely linked to the Gandhian philosophy of non-violence, which rejects the use of force not only in the personal sphere, but also in international relations, proposing instead dialogue and diplomacy as tools for conflict resolution.The article also explores the principle of the presumption of innocence, enshrined in Article 27 of the Italian Constitution, in contrast to the repressive practices of authoritarian regimes, both colonial and fascist, which assumed the guilt of anyone who opposed the established power. It is emphasised that the Italian Constitution represents an important step towards a fairer justice that respects human dignity.Finally, the role of science and freedom of teaching is examined, with a focus on Article 33 of the Constitution, which guarantees scientific freedom as a pillar of human progress. The article highlights the Gandhian vision of a science at the service of humanity, criticising the use of technology without ethical and human considerations, and arguing for the importance of science education that promotes open debate and respect for divergent opinions.Ultimately, the Italian Constitution, through its fundamental principles, not only reflects the Gandhian vision of a just and peaceful society, but also embodies a relentless commitment to the pursuit of truth. This commitment, like truth itself, is an ongoing journey that requires the active and conscious participation of every citizen to build a society in which justice, equality and human dignity are constantly pursued and realised.

Jurisdiction of a State Party under Article 2(1) of the ICCPR: A Comment on A.S. and Others v. Italy

Abstract In A.S. and others v. Italy, the question of the jurisdiction of a State party under Article 2(1) of the ICCPR is formulated as “whether the alleged victims could be considered to have been within the power or effective control of the State party”. Per HRC’s earlier views, one form of “within the power or effective control” of a State party may be identified by the impact on the enjoyment of rights caused by a State party’s action. This can be considered as the “functional impact model”. Apparently this is what the HRC applied in this case. But a State party’s inaction cannot cause any impact unless it owes prior positive obligations towards the allegedly impacted person. As the applicable instruments allow considerable discretion to a State party to decide whether to rescue the persons in distress at sea, Italy’s “obligations” to rescue and to cooperate do not necessarily trigger Italy’s positive obligations towards the relevant persons. Taking Italy’s jurisdiction as a consequence of the causal link between the sinking of the vessel and the resulting sufferings (and deaths in some cases) of the persons on the vessel and Italy’s decisions (inaction) is the result of an expansive and improper application of the special approach adopted in other cases. To be non-arbitrary, one may find that affected persons are “within the power or effective control” of a State party: (1) where harm is caused by affirmative acts of a State party, the impact can be deemed as a manifestation that the person impacted is “within the power or effective control” of the State party; or (2) where harm is caused by an omission of a State party, there must be a prior specific legal relationship between the allegedly impacted person and the State party.

Right to Food Cities: the Role of Local Governments in the Fight against Hunger

Abstract The state-centric nature of international law has been recognized as a severe barrier to the realization of human rights since the outset and remains a concern today across the globe. However, the dominant space the state has historically occupied within the field as duty-bearer, deemed almost exclusively responsible for citizens’ enjoyment of rights, faces a small yet by no means insignificant challenge in the form of human rights cities. While there is a rich literature surrounding municipalities whose local governments embrace non-discrimination, participatory democracy and other human rights principles, a distinct, yet equally fascinating development is the trend in cities who have committed to the furtherance of a singular right. One such phenomenon which has yet to receive significant attention within the academy is the rise in right to food cities in the UK, referring to those which have joined the campaign for domestic recognition of the right. In light of the UK government’s deep-seated resistance to the right, this article explores the advent of right to food cities/municipalities and their potential as an alternative means of targeting hunger and food insecurity within the state. While it is recognized that each individual initiative may only have a localized impact, it is argued that their collective force should not be dismissed at this early stage—their calls for change are only likely to increase in fervour as the effects of the cost-of-living crisis upon the population worsen.

ECONOMIC RIGHTS OF WOMEN UNDER SOKOTO CALIPHATE: A LESSON FOR CONTEMPORARY WOMEN IN NIGERIA

This paper economic rights of women under the Sokoto Caliphate, a lesson for women of contemporary Nigeria, discusses the various economic activities which women engaged themselves in Sokoto without interference from the men. Rights of women have occupied prominent place in the scheme of Islamic affairs from the inception of Islamic message. It is no longer a history to state that the Prophet (S.A.W) upgraded the status of women from what is used to be and made them equal with the male gender throughout the period of his Prophet hood. Part of the rights accorded women in the early days of Islam includes economic right. This paper highlight some of the entrepreneurship which women engaged in and also challenges which they face in the caliphate before now. It also discussed are the rights enjoy by Muslim women in Sokoto. Adequate attention is devoted to the proprietary and the employment rights of women in Sokoto as well as other such challenges effecting enjoyment of rights accorded Muslim, women in Islam to cater for their economic well-being. The paper is structured into major parts starting with proprietary right of women in Islam contemporary to the economic rights of women in Nigeria. As a lesson and challenges to the cotemporary women in Nigeria. The study adopted qualitative research method where secondary sources of data were utilised and analysis as its methods of analysis.

Construction of Self-Esteem and Self-Confidence in Stateless Children: Scoping Literature Review

Statelessness, defined as the lack of citizenship, is a complex issue governed by international law. Factors contributing to statelessness include gaps in nationality, political policies, and individuals moving to countries at birth.. Stateless status can affect individuals of all ages, and children born to stateless parents are particularly vulnerable. This article explores the impact of self-confidence and self-esteem on the future preferences of stateless children. While international human rights instruments recognize basic rights for all, regardless of citizenship, many countries link citizenship to the full enjoyment of rights. Research methods employed a Systematic Literature Review (SLR) to gather insights from previous studies. The results and discussion section highlights the negative impact of statelessness on self-esteem and self-confidence, with stateless individuals often feeling invisible and undervalued. The lack of citizenship not only undermines political and legal status but also tests the limits of self-confidence and self-esteem. The article also discusses the challenges faced by stateless children, such as legal instability, discrimination, limited access to services, identity uncertainty, violence, and exploitation. It emphasizes the importance of addressing these challenges to protect the rights of stateless children, promote their self-confidence, and enable their holistic development. The article underscores the need for legal recognition, emotional support, education, legal protection, psychological education, and involvement in positive activities to enhance the self-confidence of stateless children.

ОБЯЗАТЕЛЬСТВА, ОТВЕТСТВЕННОСТЬ И ОГРАНИЧЕНИЯ ПРАВ ЧЕЛОВЕКА В КОНТЕКСТЕ МЕЖДУНАРОДНОГО ПАКТА О ГРАЖДАНСКИХ И ПОЛИТИЧЕСКИХ ПРАВАХ

In the context of human rights, which differs from the general legal theory of the relationship between rights and obligations, there are several long-standing topics for discussion: in addition to the enjoyment of rights, do people also have responsibilities? If obligations are imposed, how are they related to human rights? Do the limitations of certain human rights reflect the obligations that people have in the context of human rights? Scientists often analyze these issues from a theoretical and logical point of view. However, a more appropriate approach may be to consider the problem from the perspective of positive law, which concretizes human rights: these provisions of positive law necessarily embody theories about human responsibilities in the context of human rights and their relationship to human rights and human rights limitations.

Dark side of the principles of non-discrimination and proportionality: the case of mandatory vaccination

Deciding the conflict between various rights and interests, especially in medical ethics where health and lives are in question, has significant challenges, and to obtain appropriate outcomes, it is necessary...

Beyond Legal Measures: A Review of the DRC's Initial Report under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

AbstractThe Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) established a reporting process to monitor compliance. Despite its shortcomings, this process provides an opportunity for states to engage in a frank, constructive and open dialogue with the African Commission on the measures they have adopted to realize women's rights and the challenges they face. The DRC's initial report on implementing the Maputo Protocol provides an opportunity to assess how the country has advanced women's rights. This article notes that the DRC has adopted legislation and policies to comply with some of its obligations under the protocol. However, these have not brought about much transformation in terms of effective enjoyment of rights due to the contested nature of many women's rights and the community's patriarchal mindset. The article argues that states should focus on extra-legal measures that can counteract negative attitudes and beliefs towards women's rights.

COVID-19 Vaccine: A Right or Privilege for Nigerian Prison Inmates

Citizens are members of a particular country who, because of birth, registration, or application, are entitled to enjoy certain basic rights and privileges. Discrimination by reason of age, ethnicity, religious background, or liberty of any person should not be entertained at any level; hence, every citizen is to be treated equally in terms of the enjoyment of basic rights and privileges. The most important fundamental right to be enjoyed by a citizen is the right to life, mainly because a person needs to be alive to enjoy other rights and privileges as contained in the constitution. However, the right to life is not limited to the right not to take a person’s life, and rather it expands to the right to enjoy unhindered access to resources that will ensure good physical and mental well–being. Unfortunately, some countries are unable to ensure the enjoyment of these rights by all their citizens. In a bid to manage the limited resources, some persons are being discriminated against, one of which is inmates who are incarcerated and serving an imprisonment term. This act of discrimination was evidenced in 2020 during the COVID–19 pandemic when immediate preventive measures were taken across the country to curb the spread of the virus. It became a cause of concern whether inmates in correctional centres were equally carried along on these measures. This article will discuss the right to life of prisoners in Nigerian correctional centres as it relates to their unhindered right to health. Using the doctrinal and empirical method, this paper will identify the local and international instruments that provide for the enjoyment of the right to health of inmates, and particularly whether inmates were discriminated against in the exercise of the various preventive measures taken during the pandemic.

Right to resistance in Ecuador in the context of the june 2022 protests

Ecuador as a State of rights and justice has a constitution that guarantees the enjoyment of rights under equal conditions for all citizens. Among them, the right to resistance is protected by several instruments of Ecuadorian legislation and international treaties, without restrictions for its exercise. The investigative work used a proactive critical analysis with a qualitative and cross-sectional approach on the right to resistance in the context of the social protests that occurred in the national territory in June 2022 with an exploratory and descriptive design. The documentary technique was used to collect data on previous research by other authors and national and international organizations that present a theoretical and legal support for the development of the research. It was determined that, although the right to resistance and protest are protected by the Constitution, there is no formal regulation to determine its scope and application. Among the conclusions it was possible to establish that the State of Exception established by executive decree 455 arose as a mechanism to protect internal stability under the cause of "serious internal commotion" suspending the enjoyment of the right to resistance and other rights involved.

Desigualdad de derechos laborales y su relación con el servicio civil meritocrático en el sector público del Perú

The purpose of the investigation is to explain the relationship between the labor rights of administrative personnel and the meritocratic civil service in the public sector of the Department of La Libertad. The methodology used corresponds to a cross-sectional, descriptive and relational study. The sample was determined in 114 participants applying the formula for finite populations, the inclusion criterion was belonging to a labor regime under appointment or contracting. The information gathering technique corresponds to thesurvey and the standardized questionnaire was the data collection instrument. The results made it possible to fundamentally establish the SCM as the only form of employment to limit inequalities in rights; As meritocratic preferences, merit, evaluation, training, job performance and transparency are highlighted; In order to secure due distributive justice, public tenders, incentives and benefits, and quality of life are considered the most relevant DL. The study concludes by endorsing a civil service as a comprehensive and not partial reform as established by law, to transition to a real meritocracy and enjoyment of rights at the departmental level.

Poverty as a matter of justice

Poverty is the outcome of the unequal distribution of resources reinforced by a legal, political, economic, and cultural model and is the central expression of social injustice. The impact of economic inequality on humanity’s quality of life can be better explained from the perspective of basic needs and their ties with rights, the unequal opportunities and their connection with the degree of autonomy that situated individuals effectively enjoy, and the effectiveness of public policy and the responsibilities and duties of the governments. This article discusses the close (and not visible) ties between justice, law, and poverty, emphasizing that the current legal framework -even the human rights system- legitimizes an unequal status quo that prevents real access to and enjoyment of rights and freedoms for people living in poverty conditions. Moreover, it also endangers democratic stability.

The Capability Approach: A Suitable Theoretical Framework to Improve Legal Protection of Domestic Workers in China

Applying the capability approach to analyse the deficiencies in the legal protection for workers in China is in a preliminary stage. Existing research largely uses the fact of whether workers can obtain labour protection as a standard to distinguish whether a worker has adequate legal protection. Although having legal rights is a prerequisite for workers to obtain adequate legal protection, focusing solely on the entitlement of legal rights ignores the enjoyment of legal rights and the diversity of personal preferences. In particular, even if they are given labour protection, domestic workers may be unable to enjoy these legal rights due to the special characteristic of domestic work. The capability approach emphasises not only the entitlement of legal rights but also, more importantly, the enjoyment of those rights. The analysis of legal protection for domestic workers, underpinned by the capability approach, thus reveals not only the inadequate legal rights for domestic workers but also factors that hinder their enjoyment of legal rights. Similarly, developing legal protection for domestic workers based on their capability not only ensures adequate legal rights for them but also contributes to the development of enforceable legal rights. This article argues that the capability approach is a suitable theoretical framework to analyse the inadequate legal protection of workers, particularly that of domestic workers in China. In addition, it analyses the connection between defective legislation and inadequate capabilities of domestic workers regarding obtaining adequate income and rest.

Recognition and Protection of the Rights of Persons Living With Mental Disability- A Critical Analysis of the Legal Framework in Zimbabwe

The protection and enjoyment of rights of persons living with mental disabilities in Zimbabwe remains of paramount importance. Therefore, it becomes imperative to interrogate the existing legal framework and the reciprocal expectations of implementation of the existing legal framework for the full realisation of the rights of persons with disabilities. Such an endeavour obligates the assessment of the extant legal frameworks, seeking to understand whether the scope of application and utility is more of substance than form. By that, the legal framework ought to avail tangible results as far as rights enjoyment are concerned.

Financial Rights of Women According to Islamic Law

Bütün insanlar doğuştan eşit, suçlardan beri ve bazı haklarla mücehhez olarak doğar. Haklara sahip olma ve haklardan yararlanma noktasında ırkın, cinsiyetin, sosyal statünün, soyun herhangi bir etkisi yoktur. Bazı biyolojik yetersizliklerin ve ehliyet arızalarının bulunması durumu hariç, insanlar haklara sahip olma ve haklardan yararlanmada eşit konuma sahiptir. İslam hukukçularının genel teorine göre her insan zimmet diye isimlendirilen, hak sahibi olmasını sağlayan manevi bir kapla donatılmış olarak doğar. İnsan belli yaş dönemlerinden geçtikten sonra hakların farklı türlerine sahip olur. Zimmet ve ehliyet konusunda kadın ile erkek arasında herhangi bir fark yoktur. İslam hukukunda haklar ve hakları kullanma yetkisi, kişilerin cinsiyetine bakılmaksızın tamamen objektif kriterler çerçevesinde oluşmaktadır. İslâm hukukuna göre, hakları kullanma ehliyeti bakımından bütün insanlar eşittir. Bu sebepten dolayı kadın erkek fark etmeksizin her insan dilediği gibi malî haklara sahip olabilir. Öteden beri kadının sosyal statüsü, hukuki kişiliği, şahsi ve malî haklara sahip olup olmaması tartışmalara konu olmaktadır. Hatta denilebilir ki bu konudaki tartışmalar düşünce tarihiyle paralel bir seyir izlemiş; farklı dönemlerde kadının konumu farklı veçhelerden söz konusu edilmiştir. Batı dünyasında kadının şahsi ve malî hakları konusunda yoğun tartışmalar yaşanmış, kadının mülk sahibi olması, çalışma hayatına katılması uzun bir evreden geçtikten sonra mümkün olabilmiştir. İslam dünyasında ise bu konuda çok fazla bir tartışma ve yazılı birikimin olmadığı görülmüştür. Klasik fıkıh kitaplarında kadının hukuki kişiliğini ilgilendiren konuların ele alındığı müstakil bölümler mevcut değildir. Bu konuda yazılı bir birikimin olmaması, tartışmaların olmaması esasen bu konuda bir sorun yaşanmadığına işaret eder. Zira âyet ve hadislerde mülkiyet sahibi olma, ticaret yapma, çalışmak, mirasçı olma gibi konular hep genel ifadelerle geçer. Bunun yanı sıra hukuki kişiliğe, ehliyete, hak sahibi olmaya işaret eden dini metinlerde de kadın ve erkek arasında herhangi bir farka işaret edilmemiştir. Kadın tıpkı erkek gibi mirasçı olma, mesken edinme, ticaret yapma, mülk edinme, hukuki tasarrufta bulunma haklarına sahiptir. Kadın bu hususlarda serbest teşebbüs hakkına sahiptir; kimseden izin almak zorunda değildir. Bunun yanı sıra kadın erkekten farklı olarak nafaka, mehir gibi yalnızca kadınlara ait olan ve doğrudan kanundan kaynaklanan bazı malî haklara da sahiptir. Kadının sahip olduğu bu kabil haklar bizzat Allah tarafından güvence altına alınmıştır. Temel insan hakkı kapsamında bulunan bu haklar ihlal edilmez, başkasına devredilmez, tamamen iptal edilmez. Kadının ekonomik haklarını konu alan bu çalışmada öncelikle haklara sahip olma ve haklardan yararlanmada kadınla erkek arasında bir fark bulunmadığı, İslam dininin bu konuda geniş bir hürriyete ve hak doktrinine sahip olduğu konusu ele alınacaktır. Genel bir girişten sonra kadının en temel malî haklarından olan mehir, miras, nafaka gibi haklar değerlendirilecektir. Nafaka hakkı, evlilik ve iddet nafakası adı altında iki ana başlıkta değerlendirilecektir. Mesken hakkı fıkıh kitaplarında nafaka kapsamında değerlendirilmekle birlikte bu çalışmada müstakil olarak ele alınacaktır. Günümüzde de mesken hakkı bağımsız bir hak türü olarak ele alınmıştır. Bunlardan ayrı olarak günümüzde sıklıkla tartışılan kadının çalışma hakkı genel bir çerçevede değerlendirmeye tabi tutulacaktır. Bu konudaki rivâyetlere yer verilecek ve önerilerde bulunulacaktır.

Different in colour, equal in rights

Whereas it can be argued that generally, in Kenya, there exists cogent laws that guarantee all persons the enjoyment and protection of inherent fundamental rights and freedoms, this article submits that it is not a lived reality for persons with albinism. The article focuses on the freedom from discrimination where it argues that ignorance among members of Kenyan society is the main recipe for discrimination against persons with albinism. As will be evidenced in this article, such discrimination is cross cutting and it affects the enjoyment of the rights to dignity, education and employment. This article also discusses the gains and shortfalls of the legal regime under which the rights of such persons are anchored by making reference to; the Constitution of Kenya 2010, statutes such as the Convention on the Rights of Persons with Disabilities among others. Moreover, it proposes measures to curb violations of the rights of persons with albinism such as efficient and widespread public education through the creation of awareness of the rights of persons with albinism.

The effect of immigration on the acquisition of citizenship

Nationality is the basis on which to distinguish nationals from foreigners. Thus, nationality is the basis upon which individuals are protected from dangers, as well as their enjoyment of rights and privileges. In the past, nationality was considered an eternal bond between the individual and the state, but this principle has ceased to exist. The principle of the individual's ability to change his nationality and acquire the nationality of another country in order to obtain a better life than the country in which he enjoyed his original nationality appeared. Migrants in countries of destination due to strict international measures taken in this regard.

الأسس الدولية للمواطنة في ظل القانون الدولي الخاص

Citizenship is a person’s enjoyment of rights and duties, and their exercise in a specific geographical area, which has specific borders, known at the present time as the modern nation-state that is based on the rule of law. In the state of citizenship, all citizens are equal in rights and duties, and there is no discrimination between them because of differences in religion, gender, colour, race, social location, etc. Citizenship under private international law is that an individual is a member of a particular political community or a particular country. Usually, the "nationality bond", which is the international basis for citizenship in the light of which it is determined who is an Iraqi or not. It is clear that each state has its legal foundations and rules, which are usually regulated by law by its internal legislature, and according to which the grounds for granting or depriving them of citizenship are determined. In addition, the state may not deprive any of its nationals of their citizenship as long as they enjoy the citizenship arbitrarily or without right except for extreme reasons. Which requires depriving him of it, and this is what was confirmed by the Universal Declaration of Human Rights in 1948 in Article 15 of it.

A human rights-based approach to implementing Target 11.6 of Sustainable Development Goal 11 in Zimbabwe

In its quest to deal with sustainability challenges continuously posed by rapid urbanisation, the international community reinvigorated the role of local governments as co-global actors in pursuance of the global sustainable development agenda by dedicating to cities Sustainable Development Coal 11 (SDC 11) of the United Nations 2030 Sustainable Development Agenda. SDC 11 is accompanied by ten time-bound targets directed towards making cities and human settlements across the world inclusive, safe, resilient and sustainable by 2030. Reports reveal that Zimbabwe, among other countries, is struggling to give effect to these targets, including Target 11.6 which requires local authorities to contribute towards reducing 'the adverse per capita environmental impact of cities'. Struggling with this target has implications for the enjoyment of environmental rights, among other fundamental rights. As such, using a human rights-based approach, this article explores how the right to a healthy environment entrenched in the 2013 Constitution of Zimbabwe can be used to pursue Target 11.6. Although the huge potential of the human rights-based approach remains untapped in Zimbabwe, the article argues that its adoption in relation to Target 11.6 appears, in theory, to be the most appropriate means for the enjoyment of the right to a healthy environment as local authorities have a shared responsibility to adhere to human rights norms and standards. In light of the commendable precedents set by the judiciary in some cases, local authorities are recommended to consider the implication of legal provisions on the right to a healthy environment in the process of exercising their legislative or executive powers directed towards the realisation of Target 11.6.