Promotion Of Rights Research Articles

Building inclusion: participation and circularity for accessible architectures in Palestine

This paper describes the outcome of an international cooperation project aiming at contributing to the protection and the promotion of rights of people with disabilities and to their participation in increasingly inclusive and accessible communities. In Palestine, military occupation causes a lack of basic infrastructures, empty land and planning, de-facto making public areas rare. The opportunity to access an inclusive and safe space is a fundamental factor in quality of living. The participatory processes applied here to implement spatial transformation through sustainable micro-infrastructures foster awareness and knowledge sharing among the participants, despite the obstacles and limits acknowledged herein, opening to possible future developments.

«Поощрение прав» в языке международного права и в отечественной науке международного публичного права

The article is devoted to the analysis of the grammatical construction «promotion of rights», which is increasingly used in research on problems of public international law. It is substantiated that the named construction, which arises as a result of a calculated translation into Russian of the English-language term “promotion of rights” widely used in sources of international law, is used to nominate activities for which the term “ensuring rights” already exists in the language of Russian law and Russian legal science. In this regard, the use of the construction “promotion of rights” cannot be considered justified and expedient.

A re-conceptualisation of the Batwa's right to recognition as a minority and indigenous people in Rwanda: A human rights-based approach

There have been divergent views by various human rights scholars and actors on how to address the question of vulnerability among indigenous and minority groups in Rwanda. Even though factors influencing vulnerability among these groups have received increasing scholarly attention, findings from these studies fall short of reflecting on the role of identity and discrimination. Whereas the government in Rwanda after the 1994 genocide sought to enhance unity and reconciliation by outlawing all ethnic identities, and instead conflating all vulnerable groups into a nomenclature namely, a Historically Marginalised People (HMP), a divergent group of scholars, human rights activists, the United Nations and African Union's instruments of human rights describe this approach as antithetical to the promotion and protection of the rights of indigenous and minority groups. Using the human rights-based approach, this paper critically interrogates the issue of identity and how it has affected the enjoyment of the rights among the minority and indigenous Batwa people in Rwanda.The study employed a qualitative research design with data collected through Focus Group Discussions (FGDs) as well as in-depth interviews (IDIs). Respondents included members of the Batwa community, officials of selected public institutions, leaders in Non-Governmental Organisations (NGOs), and cooperative societies working towards the promotion of rights of the HMP. Data analysis involved the process of transcription and coding of data and the eventual reflexive thematic analysis.The findings show that the rights of the Batwa community to recognition and self-identity have varied meanings and implications to different members of the community as well as officials from public institutions and other relevant actors. To the existing research, the study affirms that the inconsistencies surrounding the Batwa's identity have accentuated their vulnerability.In terms of policy, the study suggests that in the short run, the Batwa community may require enhanced special temporary social protection measures in order to ameliorate their conundrum arising from identity ambiguity without compromising Rwanda's national unity. Further studies, should consider the role of land, forest and culture in further marginalising the Batwa, as well as quantitative methodology for inferential analysis.

보육교직원(보육교사)의 권익보호 관련 문제점 및 개선방안 - 관련법과 자치단체조례 분석을 중심으로 -

This study aimed at 27 local governments that have relevant laws(Infant Child Care Act, Early Childhood Education Act, Educational Public Officials Act, Special Act on the Promotion of Teachers' Status and Protection of Educational Activities) and related ordinances to date, 'protection and promotion of rights and interests of childcare teachers'. By analyzing the Ordinance for (Support)', the legal status of childcare staff (childcare teachers) and the problems of the regulations related to the protection of rights and interests will be examined, and based on this, improvement plans will be suggested. Based on this, the main purpose of the study is to provide basic data for future related laws(Infant Care Act) and local government ordinance enactment/revision and retention integration law(tentative name, Infant Education and Child Care Act).
 Based on the problems found in the research results, we would like to suggest improvements as follows.
 First, the main problems and improvement measures related to the Infant Care Act are: 1) the legal status of childcare teachers; It should be improved so that the status of teachers under the Education Act is secured on an equal basis with kindergarten teachers, and the protection of teaching rights according to the position of teachers is guaranteed. 2) definition of childcare staff(childcare teacher); As in the Early Childhood Education Act, it is desirable to define teachers(directors and nursery teachers) and staff other than teachers. Next, childcare staff duties; As in the Early Childhood Education Act, it should be improved so that it is divided into director, supervisor, head teacher, teacher, and administrative staff to be more specifically defined. 3) Responsibility to protect the rights and interests of childcare teachers; In order to apply the law more effectively, it is necessary to improve the current voluntary regulations into mandatory regulations such as 'The state and local governments must actively promote necessary policies and prepare measures for training childcare teachers, improve working conditions, and protect their rights and interests.' I think it's possible.
 Second, the main problems and improvement measures related to local government ordinances for improving treatment and rights of childcare staff are: 1) Responsibilities of local government heads; It seems desirable to stipulate the two contents together as ‘relevant systems and conditions and necessary policies must be actively pursued’ and ‘efforts must be made to create a social atmosphere’. 2) establishment of a basic (comprehensive) plan; It seems desirable to stipulate that it should be done every five years, and it is desirable that voluntary regulations should be improved to mandatory regulations such as ‘must be established and implemented’. 3) fact-finding; It should be improved with mandatory regulations such as ‘a fact-finding survey should be conducted every three years’. 4) rights protection support project; Since almost all local governments stipulate that 'the head of a local government may promote(implement) a project to improve the treatment of childcare teachers and improve their rights and interests.' 5) Establishment and operation of the Rights Protection Committee; Since the establishment of the most important committee must be established and operated to improve the treatment and rights of childcare staff, it would be desirable to have a mandatory rule rather than an arbitrary rule. 6) establishment of cooperation system; There were only three local governments that stipulated a mandatory regulation. If possible, it would be desirable to establish a cooperative system through mandatory regulations rather than voluntary regulations. 7) Others

Community Support Organizations in Gay Neighborhoods: Assessing Engagement During the Covid-19 Pandemic

Volunteerism, grassroots activism, and mutual aid have been critical to the advancement of rights and opportunities for LGBTQ+ people. These activities are institutionally anchored within supportive organizations embedded in LGBTQ+ communities. But these supportive organizations can be stressed by external crises, such as the Covid-19 pandemic, limiting the capacity for providing routine services. This article provides a typology of community support organizations—including healthcare providers, business improvement districts, neighborhood planning organizations, and social groups and clubs—to better understand how non-governmental organizations and non-profit entities provide services not traditionally provided by government agencies for LGBTQ+ people. We characterize how community support organizations continued to provide critical services to the LGBTQ+ community—consistent with the missions and aims of these organizations—while also providing services and information related to health and safety during the Covid-19 pandemic. The article concludes with takeaway messages that synthesize the functions and services of community support organizations and explain how various types of supportive organizations in gay neighborhoods responded to the Covid-19 pandemic.

Analysing the Social Security Issue of Unorganised Sector in India

As we all aware that India is swiftly transferring or selling their ownership in public enterprise to private players to increase efficiency, foster economic growth, enable competitiveness and for other reasons. But in storm of this privatisation state should be not allow to forget its social, constitutional and international obligation which is sine qua non for democratic setup. In India, total 50 crore workers are employed in organised and unorganised sector, out of which 45 crore workers employed in the unorganised sectors and 50-70 lakhs of workers join labour market annually. Probably this digit will increase in future due to mass privatisation and overpopulation. According to National Commission for Enterprises in the Unorganised Sector (2007), unorganised workers are “those working in the unorganised enterprises or households, excluding regular workers with social security benefits, and the workers in the formal sector without any employer/social security benefits provided by the employers.” Often unorganised sector work considers as precarious work because its offer insecure, unprotected, short-term and poorly paid jobs with no social security. Protection and promotion of rights of these workers has become more unfeasible when we study that top 10% of the Indian population holds 77% of the total national wealth and only a 1% wealth has been increased of 67 million people in year 2017. Mostly, workers employed in this sector belongs to underprivileged section of society having low level of skills and education which make situation worse. In this paper, author seeks to identify the rights of unorganised workers under national as well international law and issues affecting their working and living condition and responsibility of government to maintain the minimum standard of living of these workers and save them from exploitation.

International Development Partner's Role in the Empowerment of Women Through Education in South Punjab (2001-2020)

Role of international development partners to empower women through the provision of education in South Punjab (2001-2020) has been significant for the promotion of gender equality and empowering women in the region. The study utilizes a qualitative research design and employs the document analysis method to collect data from relevant documents including reports and publications by international development partners and government agencies. The data is analyzed using thematic analysis and the findings are presented in the form of themes and sub-themes. In conclusion, this study highlights the critical role of international development partners in the promotion of the rights of women through the provision of education facilities and gender equality in South Punjab. These challenges include cultural and societal norms, inadequate funding, and lack of political will. The study recommends that international development partners continue to work in collaboration with government agencies and social organizations to address these challenges and promotion of rights of women and gender equality in the region.

From savages to snowflakes: Race and the enemies of free speech

AbstractRight-wing free speech advocacy is increasingly shaping global politics. In IR, free speech has generally been viewed within human rights and international legal frameworks. However, this article shows that contemporary free speech advocates often ignore or oppose human rights and international law, focusing instead on (what they describe as) a defence of the nation state against the enemies of free speech. This article examines this articulation of free speech's enemies: first historically as the ‘savage’ in John Stuart Mill's influential formulation of free speech; and then contemporarily as the ‘snowflake’, ‘mob’, and ‘cultural Marxist’ by elected officials and lobbyists in the UK and US. The article argues that John Stuart Mill's savage is figured within a racialised civilisational hierarchy of degrees of humanity. Today, right-wing free speech advocates extend and reconfigure this hierarchy, imagining the ‘snowflake’, ‘mob’, and ‘cultural Marxist’ as lesser human, subhuman, and extra-human, respectively. Thus, in contrast to rights-based analyses of free speech advocacy – which assume or assess the promotion of rights as a ‘public good’ – the article argues that narratives of free speech's enemies are deployed by right-wing free speech advocates to underwrite racialised policy responses and global hierarchies.

"Concept of Minority and Minority Rights in International Law: An Assessment"

In international law, the term ―minority‖ remained a contested concept for a prolong period. Various authors and scholars have also defined the term in different ways depending on specific situations. The concept of minority and minority rights also remained neglected in the earlier phase of the United Nations. For many years, the UNs only focused of individual human rights, neglecting the minority protection system of its predecessor, the League of Nations. Lack of precise and accepted definition in international law led the UNs revert to its idea of only promoting individual human rights and took an interest in long ignored idea of group and minority rights. This paper attempts to define the concept of minority and minority rights in international law. It also focuses on origin of international protection of minority rights. The paper discusses the steps taken by the United Nations and other regional organizations in defining the concept in order to set universal standards for the protection and promotion of rights of minorities.

The “gay agenda:” How the myth of gay affluence impedes the progress toward equality

AbstractDespite the fact that gay men and lesbian women face significant economic disparities compared to their heterosexual counterparts, people appear to believe that the opposite is true, a phenomenon which has been dubbed the “myth of gay affluence.” In the current research (Ntot = 2,162), we address the consequences of this belief. Specifically, we hypothesize and find that believing that gay men and lesbian women are financially well off—either chronically (Study 1) or because of an experimental manipulation (Studies 2–3)—leads participants to deny discrimination against gay men and lesbian women, above and beyond anti‐gay attitudes, and this is mediated by the belief that there is a “gay agenda” that is backed by powerful lobbyists. Thus, perpetuating this myth—either intentionally or inadvertently—could have deleterious effects on efforts for social change and the promotion of rights for sexual minorities.

Risk indicators in families with abused children and young people: scoping review

The promotion of rights and the protection of children implies involvement between state agencies and families in the evaluation processes, having developed in the child Welfare systems Internation...

Good Governance in Nepal: Legal Provisions and Judicial Praxis

Good governance is about fair application of authority and utilization of resources in implementing coherent governing plan for the best interests and priorities of the people at large. It aims at protection and promotion of rights, welfare and well-being of the citizens through legitimized democratic governance under rule of law. It is avenues for peace, crime control, fairness of public decision with legal certainty and equality. It avails bridled governmental power, qualified administration, and a system of fraud and corruption-free state operation. In Nepali context, The Constitution of Nepal 2015, Commission for the Investigation of Abuse of Authority Act 1991, The Prevention of Corruption Act 2002, Public Procurement Act 2007 and Rules 2008, Good Governance Act 2008, Right to Information Act 2007 and Rules 2009, Local Government Operation Act 2017etc. are the primarily statutory measures to ensure good governance in Nepal. But the legal provisions and practice is not sufficient for ensuring good governance in Nepal. Some remarks on the application of these laws to an end of good governance have been overviewed by apex court in this relation. This article explores the concept as well as elements of good governance and descriptively analyzes various laws, case laws and principles developed by the Supreme Court of Nepal in the issue of good governance. This paper also aims at assessing the strengths and weaknesses of these laws and judicial practices from the internationally accepted good governance norms and principles.

SOCIO-ECONOMIC RIGHTS IN ZIMBABWE'S NEW CONSTITUTION

1. Introduction The constitutionalisation and justiciability of socio-economic rights has always been debated among scholars and practitioners. While everyone agrees that every constitution should encompass socio-economic rights there is still disagreement on whether they should be under the Bill of Rights or Principles of State Policy. The constitutional debate in Zimbabwe also included such discussions which resulted in the inclusion of socio-economic rights as both National Objectives (Principles of State Policy) and Declaration of Human Rights (Bill of Rights), under chapter two and four respectively. Though this is a welcome move towards the progressive realisation of socio-economic rights the big question remains whether this will improve the protection and promotion of these rights, subsequently bringing change to people's lives. This overview provides a critical analysis of the new constitution and offers recommendations for the improvement of the socio-economic rights regime in Zimbabwe through courts, state institutions and government. 2. The new Constitution The preamble of the new constitution (1)) recognises the supremacy of God and gives special recognition to the liberation struggle, natural resources, diverse culture, democratic values, rule of law and fundamental human rights. It values the principles of rule of law, fundamental human rights and freedoms, gender equality, good governance and representation of the electorate and places an obligation to the State to protect and promote these values and principles. Though the preamble of the constitution has no legal standing it spells out the purpose of the constitution and it reflects the goals and commitment of government. It is an introductory statement and courts can refer to it on cases pertaining to the constitution as reliable evidence of what the state has promised to achieve and provide for citizens. The preamble commits the state to uphold and defend fundamental human rights and freedoms, which include socio-economic rights. The protection and promotion of socio-economic rights serve to support the commitments set in the preamble, such as transparency, freedom, tradition and culture, fairness and equality. In countries such as South Africa where the preamble is not legally binding, the courts have interpreted the commitments highlighted in the preamble in, for example, the Bato Star Fishing (PTY) LTD vs Minister of Environmental Affairs and Tourism case, interpreting the commitments in the preamble as an obligation on the state. In addition to traditional civil and political rights, the new constitution contains a full catalogue of economic, social, cultural and environmental rights. This includes every person's right to an environment that is not harmful to their health or well-being (section 73); and an obligation to protect the environment for the benefit of present and future generations, through reasonable legislative and other measures. Section 75 (rights to education) entitles every citizen and permanent resident of Zimbabwe to a basic state-funded education, including adult basic education and further education, which the state, through reasonable legislative and other measures, must make progressively available and accessible. This is in line with article 13 of the International Covenant on Economic, Social and Cultural Rights (CESCR). It remains to be seen whether the Government will implement the constitution and enforce the right of girls in some rural areas of access to education where they have been hindered by traditional practises. Section 76 (right to health) confirms the right of every citizen and permanent resident of Zimbabwe to have access to basic healthcare services, including reproductive health. Every person living with a chronic illness has the right to have access to basic healthcare services for the illness. No person may be refused emergency medical treatment in any health-care institution. …

European Citizens’ Initiatives for the Protection and Promotion of Rights and Interests of National Minorities

European Citizens’ Initiatives for the Protection and Promotion of Rights and Interests of National Minorities

Psychohygiene as a disciplinary direction of psychological science

The article reveals the purpose of psychology as a field of knowledge related to the life sciences, and aims to learn as much as possible about the mental life of all living beings on our planet, and therefore life in general, although most in the second century of its scientific design is primarily interested in its own representations and their communities. The division into currents, directions, specializations, experiments studied by R. Trach is given, which reflects parts of integrity in the study of human mental life, which when combined do not reflect human integrity. It is noted that this natural general civilizational tendency to restore lost in the scientific period knowledge of integrity led to the need to develop a vitacultural methodology, ie a methodology for the culture of human life. The guidelines of V.A. Romenets are presented, which at the beginning of the XXI century were embodied in the development by A.V. Furman of the vitacultural methodology of psychological knowledge, presented in the metaphor of the mill of human life and cultural heritage by its thinking. A.V. Furman’s restoration of the subject field of psychological knowledge in the outlines of canonical psychology as defined by V.A. Roments as the most natural form of psychology as a science is revealed. The definition of psychohygiene as a system of means used by man and society as a whole to maintain their own mental health and, consequently, health as a whole, which does not exist without this essential property, is substantiated. In particular, it is clarified that these tools are contained in the mental health of man and in society itself and are unconsciously required in everyday life, just as the need for homeostasis is not realized until the need for special efforts to maintain the integrity of its own functioning. The article presents the methodological foundations of psychohygienic conditionality of the development of psychological theories, their general civilization and individually significant for human demand in the practical context of maintaining mental health in communities where its vital functioning; revealed the cyclical nature of the development of psychohygiene in conjunction with the psychological expression of the respective societies and communities of risks and threats to their own integrity, life purpose and the unimpeded realization of their natural capabilities. The section “Strengthening Mental Health: Strengthening the Response of the World Health Organization” outlines WHO’s approaches to promoting and protecting mental health worldwide. Ways to enhance the WHO response to mental health are specified, including early intervention, child support, socio-economic empowerment of women, social support for the elderly, vulnerable people, including minorities, indigenous peoples, migrants and affected by conflict, mental health advocacy, mental health interventions at work, housing policy, violence prevention, community development, poverty reduction and social protection of the poor, anti-discrimination laws and campaigns, promotion of rights, opportunities and care people with mental disorders. The sections devoted to the world development of the methodology, theory and practice of psychohygiene are presented chronologically: “Development of psychological knowledge and psychohygiene. The last third of the XIX – beginning of the XX century: emergence in Ukraine “,” The first third of the XX century: theoretical and practical rise and development in Ukraine “,” 60s of the XX - the first decades of the XXI century: the return of the forgotten “. It has been proven that the psychological content of psychohygiene is the purpose of all branches of psychological knowledge to create a mental culture of a person, including the culture of his own mental health. The tendencies of the current state of development of theoretical and methodological problems of psychohygiene are presented, which testify to the irreversible process of restoring the humanistic orientation of public consciousness, and with it - the appeal of psychological research to the problems of pedagogical tact, attentiveness, caution, respect for human dignity, mental and physical health. I am a person who has a particularly significant tradition in Ukrainian psychological culture. It is noted that this tradition is a reflection of the extremely tragic history of the development of phylogenetic conditions for the preservation of the life of the Ukrainian nation during the last millennium.

Sex workers must not be forgotten in the COVID-19 response

Sex workers must not be forgotten in the COVID-19 response

Saberes éticos y cívicos en estudiantes universitarios: una propuesta instrumental para su evaluación.

Se diseñó un instrumento para valorar los saberes éticos y cívicos en los estudiantes. El instrumento integró los saberes de compromiso, autorregulación, respeto, promoción de los derechos, comunicación asertiva, honorabilidad, sinceridad y valoración de la democracia. Posteriormente, se sometió a la revisión de expertos, juicio de expertos y aplicación a un grupo piloto. Los expertos realizaron mejoras en la redacción de los elementos del instrumento. A juicio de los expertos, todos los ítems fueron validados en pertinencia (IVC y V de Aiken> 0.80; ICI> 0.50), y en redacción, se identificaron mejoras. El grupo piloto expresó un buen grado de comprensión de los elementos del instrumento. El proceso facilitó la creación de un instrumento pertinente y con validez de contenido.

MENTAL HEALTH ACT, MALTA 2012 - A personal reflection on 5 years working with a new legal framework

Abstract The Commissioner for the Promotion of Rights of Persons with Mental Disorders (CMH) was established in Article 5 of the Mental Health Act approved by the Maltese Parliament in December 2012. The whole Act was completely in force on 10th October 2014. The involuntary care process is being closely monitored. Patients are being followed up within the time-frames established by the new law. Although not strictly comparable, length of stay in involuntary care has diminished radically. Patients are being discharged from compulsory treatment orders or transferred to community treatment orders rather than being left on “leave of absence”. Community involuntary care is the preferred option of following up difficult cases. This shift requires commitment to strengthen community support services and render them sustainable. The applications for involuntary care are progressively being better completed and the quality of the information backing requests for involuntary detention of persons is improving. Care plans are being submitted, but their completeness and their quality merits revision. The issue of availability of human resources is a critical issue which regularly features in feedback with care teams. Evidence of greater involvement of patients and responsible carers in the care planning process should be better documented if it is indeed happening. The level of awareness of patients’ rights in terms of the Act merits deeper evaluation. The CMH must continue to provide a voice to vulnerable persons with mental disorders and their loved ones. Maximization of the potential of persons with mental disorders is not only a question of social justice but also critical for the sustainability of our health system and the prosperity of our society. The burden of mental disorders is increasing exponentially with the modernization of our society and those who are not coping with this burden merit active consideration and support. Key messages Public health advocacy and the improvement of patient rights. The use of legislative tools in reforming service delivery.

Habitando incertezas: reflexões sobre deficiência e práticas de cuidado na luta moradias assistida

O tema das moradias assistidas é recente tanto nos debates públicos quanto na legislação brasileira. Com um trabalho etnográfico realizado na cidade de Porto Alegre, Rio Grande do Sul, junto a mães de adultos com deficiência cognitiva que se organizaram enquanto um movimento que luta pela causa das moradias assistidas, proponho, neste trabalho, uma reflexão sobre deficiência e práticas de cuidado que parta de suas práticas e discursos. Ao buscar arranjos outros que não junto ao seio familiar, essas mulheres trazem à tona julgamentos que muito dizem sobre a experiência da deficiência. Foco, portanto, minha análise nas tensões, controvérsias e acusações morais que permeiam este pleito para, com isto, chamar atenção para os modos como suas trajetórias são perpassadas por regimes em que tanto a deficiência quanto os trabalhos do cuidado são desvalorizados. Argumento, por fim, que discussões que versam sobre a promoção de direitos, autonomia e independência das pessoas com deficiência devem vir acompanhadas de uma reflexão acerca da experiência das cuidadoras, em especial das mães. Uma experiência que permite uma melhor compreensão sobre os modos pelos quais a deficiência cognitiva é percebida e abordada em nossa sociedade.

Propuestas para regular las migraciones en Chile y la obstinación del securitismo/ Proposals to regulate migrations in Chile and the obstinacy of securitism

El siguiente artículo tiene como objetivo analizar de manera comparativa los proyectos para regular las migraciones en Chile de los Gobiernos de Michelle Bachelet y Sebastián Piñera. Se argumenta que ambos comparten un rasgo común: pese a contener elementos que se basan en la promoción de derechos, mantienen características que se corresponden con una lógica de control. Se resume el fenómeno chileno de la inmigración, que motiva a crear una normativa que reemplace a la vigente; se analiza la actual Ley de Extranjería y se establece un marco comparativo que dirime las particularidades de las propuestas de Ley Migratoria hechas por los Gobiernos de Michelle Bachelet y Sebastián Piñera.
 Abstract
 This paper aims to analyze, in a comparative perspective, the projects to regulate migrations in Chile presented by the governments of Michelle Bachelet and Sebastian Piñera. It is argued that both share a common feature: despite having elements based on the promotion of rights, they maintain traits that correspond to a control logic. We summarize the Chilean phenomenon of immigration that motivates the creation of a new regulation, analyze the present law and, finally, establish a comparative framework that addresses the particularities of the proposed immigration laws made by the Michelle Bachelet and Sebastian Piñera governments.