Place Of Rights Research Articles

The Place of Individual Rights in Communal Africa

This paper has as its objectives the determination of whether or not traditional African societies were truly communalistic and whether individuals’ rights were subsumed under the community as so many people claimed. This research which was corroborated by other scholars and supported by the body of maxims that guided traditional African societies reveals that traditional African societies were truly communalistic but does not consume the individual rights. Individual rights and values existed side by side the communal values and only gave way to communal values in cases of a conflict between the two. The paper recommends that communal values should be made the bedrock of our current democracy to quicken it and make it thrive. DOI: 10.7176/JPCR/49-01 Publication date: June 30th 2020

Human rights dimension in Helsinki 1975: Canadian concern the situation in the Soviet Union

During the 1960s and 1970s, Western countries, including Canada, became increasingly aware of and responded to human rights abuses abroad. The ideological, military and economic Cold War with the Soviet Union has intensified Ottawa’s focus on human rights abuses in the country. For many Canadian observers, the communist system inherently repressed a number of human rights, including the freedoms of religion, movement, and property ownership. This concern was manifested during the Conference on Security and Co-operation in Europe (CSCE). The Final Act of the CSCE was signed at Helsinki on August 1, 1975 by the heads of government of the states of Europe and of Canada and the United States. Helsinki Final Act contained far-reaching agreements on political borders, trade, and human rights norms, has often been described as the “high point of détente”. It is intended to establish the basis for the development of future relations between their countries and peoples. Among other the participants promised to respect fundamental freedoms, including the freedom of thought, conscience, religion or belief. Also pledges were given to make it easier for families to unite across borders and visit one another. However, Canadian Government made less likely to press human rights concerns than might have been expected. Ottawa often felt that more could be gained in its relationship with the Soviet Union by overlooking human rights violations. Such an approach was not uniformly supported in Parliament or in nongovernmental circles, which led to ongoing negotiations about the proper place of human rights concerns in Soviet-Canadian relations throughout this period. Despite uneven attention by Canadian Government, the growing prominence of human rights issues helped to ensure their enduring salience in the years that followed.

Education Policies in Pre-University Education of the Republic of Kosovo for Non-Majority Communities of Roma, Ashkali and Egyptian

The Republic of Kosovo is a country that observes all the rights and obligations of its subjects with no discrimination in national, racial, linguistic sense. Even though we have these rights in place, in practice the situation is different and not very positive. This is since the non-majority communities Roma, Ashkali and Egyptian in Kosovo face several problems in different areas, especially when it comes to their right on integration to education. This paper will address and evaluate current policies and legislation of Kosovo for inclusion in education as a condition for completion of the education system.
 This paper will be developed by considering the assessment of the Constitution and relevant legislation referring to the right to education for non-majority communities. Given all this legislation, it will be assessed in harmony with the practical problems that exist regarding access to the education system for non-majority communities. Therefore, this paper aims to bring innovation in this field of research aiming to identify how much the Republic of Kosovo is keeping a pace with the standards for inclusion in the education system, what are the reasons that in current state of play we do not have a satisfactory inclusion in the education by category of children from non-majority communities of Roma, Ashkali and Egyptian in pre-university education.
 Key wordS: Inclusion, Children from Non-Majority Communities of Roma, Ashkali and Egyptian, Education Policy, Pre-University Education.

Who has the right to the rural? Place framing and negotiating the Dungog festival, New South Wales, Australia

Many small towns are using festivals and events as a way to boost tourism, by packaging and marketing existing festivals or by creating new events and festivals to attract tourists and the economic impact that they bring. However, increased mobility and migration, including amenity and lifestyle migrants, are changing the composition of many rural and regional centres, bringing both welcome diversity and potentially less welcome intrusion into established ways of life. So-called ‘incomers’ often bring higher levels of education and income and a different culture to small towns and villages, and, using their existing networks and connections, appear to be the driving force behind many cultural developments, including the creation or management of festivals and events. This paper examines the tensions arising as tourism and local festivals are being negotiated by various community stakeholders, and how place is framed through the rural idylls sought by amenity migrants. Drawing on Lefebvre’s notion of the right to the city and the idea of rights in places, we investigate diverse interests, inclusions and exclusions through various place frames related to a local arts festival in Dungog, Australia, and question who has the right to the rural.

A CRITIQUE ON THE JURISPRUDENCE OF NATIONAL SECURITY CHALLENGES AND HUMAN RIGHTS REGIME

This paper reappraises national security challenges, human rights provisions, derogations under the 1999 constitution of the Federal Republic of Nigeria and the place of human rights in conflict situations between national security and human rights under Nigerian law. In achieving its aim, this paper adopts an admixture of the historical, comparative, empirical, the law and development approaches, in relevant areas. The paper ends with a conclusion and set of recommendations. KEYWORDS: National Security Challenges, Human Rights, Derogation under the 1999 constitution of the Federal Republic of Nigeria, National Security, Conflict situations. DOI: 10.7176/PPAR/10-4-07 Publication date: April 30 th 2020

Sytuacja prawna małoletniego dziecka, które ukończyło 13 lat, w przypadku rozwodu jego rodziców – analiza z uwzględnieniem badań aktowych

The article concerns the legal standing of a minor child in the event of his/her parents’ divorce. There are three aspects to be taken into account when speaking about a minor child in a divorce case. First and foremost, the child’s situation prior to divorce and the probable consequences of divorce for his/her future life. Secondly, the status and rights of the child in court proceedings and, finally, the situation of the minor after divorce. The court must also decide whether the divorce is not contrary to the best interests of the child, which is a reason for refusal to dissolve the marriage. Then, when deciding to grant divorce to the parents of a minor child, the court must decide on parental responsibility, access rights, child support, and the child’s place of residence. It is the court’s duty to consider the opinion of the child, who has the right to be heard in every case that concerns him/her, guaranteed both by international standards and by the Polish constitution. The article contains both a theoretical analysis of the issue and the results of research carried out in three Polish regional courts: in Szczecin, Łódź, and Lublin. The research sought to answer the question about the length of the proceedings, the number of court hearings, the evidence used, and the manner in which the court ruled on the child’s situation after divorce (place of residence, parental responsibility, access rights, and child support). The results of the research show that there is still a lot to be done to ensure practical implementation of the rights of the child in court proceedings as provided for by the applicable provisions of law.

HUMAN RIGHTS IN MODERN INTERNATIONAL RELATIONS: EVOLUTION OF DEVELOPMENT, PROBLEMS AND PROSPECTS

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

The Place of Human Rights in Environmental and Natural Resources Conflicts Management in Kenya

Article 19 of the Constitution of Kenya 2010 provides that Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. It further states that the purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings. The Constitution also outlines the principles of national security as including the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests. In addition to these, the Constitution provides for and envisages the enjoyment of the right to clean and healthy environment and other environmental rights therein, realisation of sustainable development and outlines national values and principles of governance which are geared towards protection of the human rights of all persons, environmental protection and the creation of a peaceful society. This paper argues that it is possible, in the application of some of the environmental conflict management mechanisms, to achieve undesired results that violate or fail to protect the rights of the target groups in a given conflict. The author offers insight on how the conflicts may be addressed in a way that upholds the various rights of groups in a conflict. The paper argues for adoption of a rights-based approach to environmental protection and conflict management.

The practice, adherence and contravention of human rights of public sectors governance in Amhara National Regional States, Ethiopia

One of the basic democratic values which will never be compromised is the human rights of citizens. Accordingly, the basic issues that expected to be seriously considered in public sector governance are the issues of human rights. Cognisant of this, the research investigates the practice, adherence and contravention of human rights during service delivery process of public sectors in ANRS. In achieving this basic objective, a mixed research approaches was used. To realise this, a combination of both probability and non-probability sampling techniques was applied. Finally, individual respondents were contacted from customers and authorities of public service providing institutions. The collected data were analysed using both qualitative and quantitative data analysis techniques. After an intensive investigation of primary and secondary data, the research team conclude that the place and adherence of human rights in public sectors were very fragile and hereof, the research team recommends that the public sectors need to develop a human rights-based services delivery approach.

Brexit, Human Rights and the Role of Constitutional Culture

In order to fully explore this territory, it is essential to appreciate how both Brexit and Human Rights fit within the wider “Constitutional Culture” of the State. The article starts this discussion with an examination of what the concept of Constitutional Culture signifies, both generally, and also within the specific and idiosyncratic context of the United Kingdom. Then, it explores how human rights fit within British Constitutional Culture and assesses how the Brexit saga relates to both British Constitutional Culture and human rights as they exist within this paradigm. Having addressed the nature of British Constitutional Culture, the place of human rights within it and the impact of the Brexit process, the role of referenda in our democratic processes will be discussed, alongside the function of human rights, in sense of identifiable freedoms which can be named and asserted, within whatever form of new Constitutional Culture and settlement ultimately emerges.

The Place of Social Citizenship and Property Rights in Brazil’s ‘Right to the City’ Debate

There has been considerable attention on Brazil’s experience in applying the right to the city, influencing the urban reform movement and subsequent legislation including the 1988 Constitution and the 2001 Statute of the City. While much is known about Brazil’s urban transformations, this article views this trajectory within debates on social citizenship, expanding the focus to show that property is integral to this debate. Through the lens of social citizenship, property rights and insurgency, this article traces Brazil’s right to the city debate through a focus on three issues: (1) the rights dimension of such debates; (2) the role of the social function of property in urban legislation; and (3) the role of insurgent planning evident in urban social movements. While property rights and land rights are often distanced from debates on social citizenship, the Brazil case provides evidence in which the two are clearly intertwined.

Is Canada Entitled to the Arctic?

AbstractThis article is interested in the general question of what justifies territorial rights over unoccupied places, including places that are not occupied but are situated within the territorial borders of a state. This question arises because one of the most common defenses of rights over territory makes use of the idea of occupancy and has difficulty explaining such rights in places that are not occupied. It explores this question through an examination of the claims and arguments in the Canadian Arctic, which provides an historically specific test case for the merits and plausibility of the various arguments appealed to. It argues that territorial rights in unoccupied places, including the Canadian Arctic, are justified on different grounds than in occupied parts of the territory, and that the justification also affects the kinds of rights—particularly over resources—that such states can claim.

Human rights in the US foreign policy case of Kazakhstan

The article outlines the bilateral relations of the USA and Kazakhstan since 1992. The focus of the foreign relations analysis in this case is on human rights. The aim of the article is, therefore, to identify how the five Presidential administrations, namely, George H. W. Bush’s, Clinton’s, George W. Bush‘s Obama’s and Trump’s saw the role and place human rights and whether this particular agenda was either promoted or neglected. To answer the question, the author employs the method of case study. The task of the case study is to understand how (if any) the engagement of Kazakhstan in its bilateral relations with the USA influenced its domestic human rights policy.The author used a wide range of primary and secondary sources, i.e. range of official documents and mass media materials as well as scholarly article and books on the subject. The author takes to answer the questions taking into account the premises of the ‘rational choice’ and ‘rational actors’ paradigms. The Strategic Partnership Dialogue set in 2012 does not prioritize human rights either. This policy was to prevent future violations of human rights through enhancing domestic institutions and traditional diplomacy that was reactive and inconsistent. The case of Kazakhstan has been studied in order to reveal the role and place of human rights in its bilateral relations with the USA.Key words: human rights, US foreign policy, US-Kazakhstan bilateral relations.

Information rights: theoretical and system provisions

The article is devoted to the research of the terminological correspondence of the notion of “information rights” with other related concepts, the need for the term “information rights” in the context of domestic and international law, the classification of information rights, the place of information rights in the system of generations of human and citizen rights.

The Role of Courts in Forging Innovative Remedies: Interrogating Kenyan Court of Appeal’s Mitu Bell Judicial Myth and Formalism

This paper seeks to critique the decision of the court of appeal in Mitu bell where judges refused the ethos of the 2010 constitution which required them to be innovative and instead upheld the practice of the past. This paper will firstly look at the place of socio-economic rights in Kenya, secondly the judicial enforcement of socio-economic rights, thirdly the remedy of structural interdict as one of the innovative remedies before making a conclusion.

Destination Australia: Journeys of the Moribund

Australia sends many of those who come in search of refuge to regional processing centers in Nauru and Manus Island, Papua New Guinea. Most of these asylum seekers and refugees want to continue their journey to Australia but the Australian Government has vowed that none will be given protection in Australian territory. However, there have been recent developments in the Federal Parliament and Federal Court that have paved the way for certain asylum seekers and refugees in Nauru and Manus Island to come to Australia. In this chapter, I investigate these legislative and judicial developments and argue that they indicate that the place of human rights and international law is becoming increasingly peripheral in Australia’s refugee law and policy and instead transfers to Australia have become medicalized. Australia’s parliamentarians and courts have moved to protect asylum seekers’ physical and mental health but not the rights flowing to them as people, children, and refugees. Asylum seekers and refugees must be moribund before they can use legal processes to transfer to Australia and they come as sick people in need of medical care—not as bearers of legal rights. These developments hamper larger efforts to end or fundamentally reform Australia’s offshore processing regime.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

Traffic safety: Rights and obligations

Morbidity and mortality due to road traffic injuries (RTI) is one of the few public health problems where society and decision makers still accept death and disability on such a large scale as inevitable. Discussion only revolves around the number of deaths and injuries we are willing to accept. The partial departure from this mode of thinking is ‘Vision Zero’ for road safety that was adopted by the Swedish parliament in 1997. The long-term objective is that no one shall be killed or seriously injured in traffic and that the design, function and use of the transport system shall be adapted to the standards this requires. In this article we try to understand the concept of RTI as a public health problem and why that understanding has led to the introduction of Vison Zero and then sporadic attempts to establish road safety as a fundamental human right. We provide some details surrounding these events, the reasons for their limited success, and suggest ways in how we might move forward in establishing a place for rights and obligations to ensure road safety in reality. Some of the ways forward include: (a) Every policy, law or safety standard (concerning roads, vehicles or traffic management) established by the state to be accompanied by a justification for the same by including systematic reviews of the scientific evidence used for the decision and the expected safety benefits in numerical estimates. (b) Manufacturers of vehicles and other road-based technologies to explicitly state the quality and limits of the safety features embedded in their technologies. (c) International agencies dealing with road safety (state and non-state) to examine all sources of systematic reviews of road safety interventions and use them to justify the policies they pursue. They should also make it explicit that they will fund road safety activity by non-government organisations only if they promote interventions justified by scientific evidence.

TEACHING HUMAN RIGHTS IN PAKISTANI SCHOOLS: WHAT ARE THE POTENTIAL BARRIERS?

Education plays an important role in development of any country. Education is considered one of the major contributors for developing success at local, national and global levels. Human Rights Education (HRE) promotes awareness about human rights and a way of information sharing among students, parents and the community at large, to develop skills in people to understand and combat violations of human rights. If children receive a high quality education, embedded with Human Rights concepts and principles, they can become responsible citizens and promote the human rights.Pakistan ranks at the lowest end of human development in the world. In the Human Development Index 2017, Pakistan ranks at 147th position (out of 188 countries). Pakistan is signatory to a number of international human rights Conventions and thus has pledged to protect the rights of citizens. However, recent international and national reports portray the overall human rights situation in the country as inadequate. The teaching of Human Rights is not formally included in Pakistani curricula, and there is lack of research on the subject of Human Rights Education in Pakistan.This paper attempts to explore the place of human rights within the existing policy documents and school curriculum in Pakistan and barriers in teaching human rights concepts in primary schools of Pakistan. The paper will focus on the situation of human rights education with reference to the policy documents and existing curricula of Social Studies and Islamic Studies subjects and a review of textbooks. The study seeks to identify the opportunities and constraints related to teaching of human rights concepts in schools, and possibilities of teaching human rights concepts in Pakistani schools. The paper will provide recommendations for improved practices of teaching human rights in schools. The study will provide implications for policy makers and education practitioners and will set the ground for future research. The study will also suggest further research human rights education in Pakistan.&nbsp

The place of human rights in the foreign policy of Cameron’s conservatives: Sceptics or enthusiasts?

The purpose of this article is to explain the place of human rights in the foreign policy thinking of David Cameron’s Conservatives (2005–2016). The article asks three interrelated questions: First, what role has human rights come to acquire in international political discourse? Second, did the Conservative Party’s view on the place of human rights result in a change to their approach to foreign policy on humanitarian intervention? Third, to what extent was there a tension between increasing scepticism towards the Human Rights Act and the jurisdiction of the European Court of Human Rights and the Conservative Party’s approach to foreign policy? The authors employ a mixed methodological approach which combines hermeneutic textual analysis of speeches from leading Conservatives with semi-structured, elite interview material from four former Conservative Foreign Secretaries.