Social Economic Rights Research Articles

Can people with disabilities obtain income by using skills learned from vocational trainings? Evidence from mainland China

PurposeThis study aims to examine the effects of vocational training programs for people with disabilities on their income.Design/methodology/approachIt conducted a multinomial regression analysis of 10,469 survey responses from 31 provincial administrative areas in mainland China.FindingsIt finds the following antecedents all influence the trainees’ self-reported income, including their perception of the quality of the program, the training subject, the degree of consistency between their current job and this subject, their employment sector, their motivation and access to training resources and the geographical location of the program.Research limitations/implicationsThe findings are not representative of people with disabilities across mainland China because the respondents were not randomly sampled.Practical implicationsThe findings suggest that to increase the income of people with disabilities, the training can be designed according to the needs of employers by teaching subjects relevant to the needs of the labor market, reaching out to motivated trainees and enhancing the quality of training. Training institutions, employers and governments are recommended to work together to integrate class-based learning with workplace-based learning and practices. More training resources can be devoted to the self-employed people with disabilities or those who operate in the informal sector and are in less-developed areas.Social implicationsThe improvement of employment opportunities and income of people with disabilities supports the safeguarding of their social economic rights and the building of an inclusive society.Originality/valueFew studies have empirically explored and explained the effects of vocational training programs on people with disabilities’ income. This article fills this gap by assessing the performance of China's vocational training programs funded by the Federation of Disabled Persons at all levels.

Human rights and human rights education

Education is must for all human beings whether it is value education, physical education, environmental education or human rights education. As human rights are basic to humanity and human beings are entitled by virtue of their status as human beings without consideration of nationality, religion, race, sex, class, caste and creed. While civil, political and social-economic rights are dependent on an individual's status as a citizen of a particular state but his human rights are not determined by this condition. Because these rights are concerned with humanity, with all humans, therefore, the scope of human rights education is extensive. In the age of globalization, fast urbanization and expansion of higher education, the relevance of human rights education is being felt. Human rights are a prerequisite for peace, development and democracy. India is one of the world’s oldest civilizations and the largest and most matured democracy. For the sake of democracy and sustainable development human rights education is essential in Indian society. Knowledge of human rights is the best defense against their violation. Learning about one’s rights builds respect for the rights of other and points the way to be more tolerant and peaceful societies.

HAK EKONOMI DAN SOSIAL PADA LANSIA DI INDONESIA

The increasing number of years of population growth in Indonesia is also accompanied by an increase in the number of elderly people or commonly referred to as elderly. Some of the factors that make the elderly population limited are mobility which makes it difficult for the elderly to be productive, unable to meet their needs and need help from others. The elderly cannot be separated from 3 things, namely poverty, neglect and protection. These three things are the main problems that every elderly will find the role of the community such as the existence of social assistance institutions and the formation of legislation and various social welfare programs that have begun to be seen being implemented in the community. However, the implementation is not always right on target, one of which is often found in the problem of social assistance, there are still many in some areas in Indonesia, especially remote areas where the elderly population lives alone without any family paying attention so that their social economic needs are limited. Therefore, the fulfillment of social economic rights for the elderly is very necessary considering that the elderly are a vulnerable group whose human rights must be protected.

Reciprocating to the bottom: Is there negative diffuse reciprocity in social economic human rights

Is reciprocity possible in human rights agreements? This article argues that human rights agreements can create negative diffuse reciprocity if there is reliable information about countries’ compliance levels. The article analyses the link between information on countries’ non-compliance with the International Covenant on Economic, Social and Cultural Rights on the one hand, and countries’ efforts to protect social economic rights on the other. It finds that the more information is published on violations of rights, the lower the levels of countries’ efforts to protect these rights. This means that countries practice negative diffuse reciprocity with regard to the International Covenant on Economic, Social and Cultural Rights. This is a notable finding since there are several factors working against the practice of reciprocity in human rights agreements. The article draws theoretical conclusions regarding the conditions for reciprocity in human rights agreements and sheds new light on the concept of reciprocity and its link with information.

The Place of Structural Interdicts In The Enforcement of Social Economic Rights In Kenya

The Place of Structural Interdicts In The Enforcement of Social Economic Rights In Kenya

An Afrocentiric Exposition of Social-Economic Rights on One Hand as Well as Civil and Political Rights on the Other Hand

According to Black's Law Dictionary, a right means just, morally correct, consonant with ethical principles or rules of positive law. It is important to note that Human rights are defined by different scholars, that's why we are going to have different definitions in the following: human rights are rights we have simply because we exist as human beings and are not granted by the state but inherent. According to Equality and Humana Rights Commission, human rights are the basic rights and freedoms that belong to every person in the world from birth until death. They apply regardless of where one comes from, what he or she believes or how they choose to live their lives. They are based on shared values like dignity, equality, fairness, respect, and independence. According to Stanford Encyclopedia of philosophy, Human rights are norms that aspire to protect all people everywhere from severe political, legal, and social abuses. Generally, Human Rights are those rights which provide basic standard to humans to live with dignity and maintain status quo in the society. Human Rights can also be defined as the rights we have simply because we exist as Human beings and they are not granted by the state for they are inherent universally regardless of color, religion, language, or ethnic origin as they are fundamental such as right to life, education, work, health and liberty. The concept of Human Rights was evolved in 539 B.C when the city of Babylon was subjugated by the King of Ancient Oersia, Cyprus who stopped slavery and endorsed citizen to follow their necessary religion and outcasts any kind of racial discrimination and these rights are intrinsic in nature and should be provided to all human beings without any discrimination on the basis of religion, caste, color or language. The two world wars led to the foundation of United Nations, which was formed to maintain peace between countries and protect people from any kind of atrocities faced by them thus the UN (United Nations) body of law known as the Universal Declaration of Human Rights which created mandate to the government to provide necessary rights and protect them from their outrages. With the forming of Universal Declaration of Human Rights in 1948 and establishing two important covenant which were the international covenant on civil and political rights and international covenant on economic, Social and cultural Rights which were treated as international law after their enforcement on 1976 they were treated as international law after their enforcement in 1976 they were new face of Human Rights guaranteed by these covenant would be dealt by international laws in any part of the world.

Інноваційний розвиток в умовах комплементарності.

The peculiarities of innovative development in the interaction of economic and social components of the external and internal environment are studied on the basis of a complementary approach, namely the relationship between economic efficiency and social justice, their negative and positive impact on the quality of life and socio-economic development opportunities. As for complementary development, the idea of justice, which currently is an important factor in achieving European living standards and guaranteeing social-economic rights of a person and citizen, plays an important role in reforming all the spheres of public life, democratization of Ukrainian society, and providing Ukraine's integration into the European political and legal space. Complementarity research is becoming relevant at the present stage of global economic development, when the market situation is characterized by a fairly high rate of transformation, and innovation becomes the main competitive factor. The author considers the emergence of the complementarity concept in research works made in various areas (e.g., the concept of institutional complementarity), and also highlights the features of compensatory and supplemental complementarity. Unconditional following global examples without taking into account the state of real socio-economic and institutional structures in a certain state will not give a favourable result from implementing reforms and introducing innovations due to the lack of complementary connections. Therefore, the conditions for the emergence of new institutional changes and the impact of "social elevators" on social development in the long run are analyzed. The presence of complex unresolved problems in the development of our state actualizes the study of the complementary context of innovative development, aimed at rethinking the role of social justice in solving major economic problems. Due to a complementary approach, the economic system will be able to increase such features as adaptability and continuity by developing mechanisms of self-preservation, and will acquire systematic innovative development with a ripple effect.

Constitutionalized But Not Constitute: The Case of Right to Social Security in Indonesia

Previous studies on the development of socio-economic rights in Indonesia heavily focus on the Constitutional Court’s decisions in upholding the rights. But there is still minimum study on the political economy behind the development of socio-economic rights in Indonesia. This article will analyze the development of socio-economic rights through the lenses of the right to social security. This article relies on two major theoretical frameworks to analyze the development of the right to social security in Indonesia. The first theoretical framework is the authoritarian constitutionalism in the economic sphere. The second theoretical framework in this article is Kathrine Young’s theory of the construction of socio-economic rights. This article postulates that the rights to social security has been constitutionalized but not constituted in Indonesia for several reasons. First, and foremost, the legacy of authoritarian constitutionalism that prioritizing economic growth over the fulfilment of social economic rights. The “growth” ideology has contributed to the discrepancy between the constitution and reality, in which the government merely considers protection of socio-economic rights as extra cost, which will hamper the growth of the economy. Second, the lack of philosophical and comparative analysis in the interpretation of rights to social security. Third, the transformation of the Court as a detached court in the enforcement of the rights to social security. The element of detachment is clearly seen in the Court’s too much deferral to the Executive and Legislative branches in defining the scope and meaning of the right to social security. Finally, the failure of social movement to create a new narrative on injustice and the importance of rights to social security.

Family planning and budgeting for human rights in India

Purpose The purpose of this paper is to analyse the budget of the Indian family planning programme from a human rights perspective. Family planning services play an important role in the realisation of the reproductive rights of women. In India, the family planning programme is one of the largest in the world with thousands of patients, mostly women, accessing services every year. Although the Indian legal system guarantees the right to health, Indian women from marginalised sections of society still battle inadequate services and the absence of health care that respects their right to reproductive autonomy and choice. Therefore, the question is: in the presence of a strong legal framework, what are the factors that contribute to this phenomenon? Design/methodology/approach The authors have gathered data from the project implementation plans at the state level comparing year-wise expenditure for family planning against overall expenditure for reproductive, maternal and child health expenditure. The data are then compared to the number of women using sterilisation to suggest a relationship between both. Finally, the article relies on desk research to review scholarship on the Indian family planning programme and applicable human rights obligations. Findings The paper finds that social-economic rights such as the right to health are applicable to government spending and budgeting. It also finds current spending in the NHM is insufficient to guarantee women’s reproductive rights as the vast majority of resources are spend on sterilisation, thus limiting women’s ability to choose the number and spacing of children. Research limitations/implications The data used in this research bears one limitation: the propensity of the government to change the guidelines as to how States should present their budgets in the project implementation plans. The authors have adjusted the data so that it remains comparable. However, the adjustment was not possible for all expenditure data, which is why the current study is limited to the family planning programme alone. Practical implications The paper argues that to be human rights compliant, health budgets of the NHM need to be geared towards the specific needs of women in terms of family planning. Finally, the article briefly outlines the role played by human rights and human rights litigation in impacting government budgets. Originality/value India’s family planning programme has been examined from a performance and medical standpoint, focussing on medical indicators such as total fertility rate, unmet needs for family planning, amongst others. Academic scholarship has investigated through statistical analysis patterns of contraceptive use and contraceptive mix. What is absent, however, is an assessment of the programme from a right-based perspective by looking at the human rights obligations of India and their normative implications for the Indian family programme.

COLETIVIZAÇÃO DO CONTROLE JUDICIAL DE POLÍTICAS PÚBLICAS: CONCRETIZAÇÃO IGUALITÁRIA E RACIONAL DE DIREITOS SOCIAIS

O texto, que é um resultado da análise bibliográfica, jurisprudencial e dos números disponíveis, intenta demonstrar a necessidade de coletivização do controle judicial das políticas públicas relacionadas a direitos sociais, para viabilizar a aferição da reserva do possível à luz do princípio da igualdade (possibilidade de universalização do direito), com a prolação de decisões erga omnes, e ante outras características do processo coletivo: ampliação da discussão democrática por meio de audiências públicas e intervenção de amicus curiae, possibilidade de reflexão mais profunda e embasada sobre temas complexos, notadamente quanto à forma de execução da decisão e suas consequências.

A Brief Historical and Legal Essay on “Economic Constitutions”

This article explores constitutional regulation as it relates to the foundation of economic relations. The proper norms and divisions of the basic laws (constitutions) of states are analyzed from the historical and legal point of view: the authors develop an idea of“economic constitutions.” This conception is based on the ideas of American and European economists and lawyers, including the works of the Nobel-prize winner James Buchanan, the author of the conception of “constitutional economy.” The analysis of the individual, the most obvious norms of “economic constitutions” is made in their evolution. The common regularities of formation, development, and functioning of “economic constitutions” are researched. “Economic constitutions” are considered as the immanent legal expression of material conditions of life of communities. The research is based on the criteria of the correspondence of “economic constitutions” with the demands of social economic development of state organized communities. The genesis of “economic constitutions” of the USA, France, Germany and other states, for example, Latin American states are researched. Special attention is paid to “economic constitutions” of socialist and postsocialist states, especially to the “economic constitution” of the Russian Federation. The peculiarities in the development of the newest “economic constitutions” based on the basic laws of Finland and Switzerland are revealed. The authors develop an idea that “economic constitutions” are not limited to the questions of the influence of a state on an economy and of the determination of the borders of state regulation. Economic rights and freedoms, questions of interrelations of labor and capital, financial system, taxation, etc. are considered as the components of “economic constitutions.” Taken into account is that modern international standards are refused from the secondary role of the social economic rights of mankind. The conclusion is made about the interrelationship of the progress of “economic constitutions” and socialeconomic rights in the information society that are able to ensure the fundamentally new level of a direct democracy in the management of a state.

Ensuring affordable electricity as a vital socio-economic right in South Africa

This article examines the socio-economic impacts and effects of unlawful electricity tariff increase in South Africa. Access to electricity is a vital socio-economic right in South Africa because of its intrinsic role in the fulfilment of other social economic rights. The availability and accessibility of electricity guarantees the success of many businesses and the survival of many households, particularly the rural poor. Eskom, a governmental parastatal, generates, transmits and distributes electricity for the people, and charges for these services are rendered based on the tariff approved by the National Energy Regulator of South Africa (NERSA). Recently, NERSA decided to approve tariff increase requested by Eskom which was against the Electricity Regulation Act 4 of 2006 and the Constitution of the Republic of South Africa 1996. This increase was contested and nullified in court. If this tariff increase had not been challenged in the court, it would have had a devastating impact on the well-being of the people, particularly the poor. Using literature relevant to socio-economic rights to modern energy, particularly electricity, this article accentuates that electricity is a basic socio-economic right in South Africa that must be accessible and affordable to all. It explains the importance of judicial intervention in ensuring that socio-economic rights are made available and accessible to the people. It points out that the court will not hesitate in using its judicial power to extend any opportunity which allows poor people to access and enjoy right to modern energy and electricity and other socio-economic rights in South Africa.

Evropski identitet - još će mnogo vode proteći...

The basic problem that the process of Euro integrations faces today is the absence of the European identity. There are ideas how it could be built, on what it should be based, but the basic problem is the EU has give up in a great extent from the real European values - the ideals like freedom, equality, solidarity, social justice, etc. Human rights are the European achievement, but a distinctive, therefore identity difference between the European and the Anglo-American interpretation is that the European variant guaranteed social-economic rights, which was actually a concretization of the great ideal of solidarity. Today, with prevailing ideology of globalism, just this element of human rights has been brutally waded, a part of the European identity with it. A similar situation is with what the Europeans consider the greatest achievement of the EU - free movement of people, goods and capital. Free movement of people is questioned by building barbed wires and creation of a new ante murale christianitatis, even in Islamic states, far away from the Schengen Area that is proclaimed untouchable. Moreover, all those people swarming to the Europe actually have close connections with it - they originate from former European colonies, brutally exploited by their metropolises for decades and centuries. Not only that, but recently their new 'Europeanization' has been attempted through the initialization of the 'Arab Spring' , which resulted with increase of the Islamic fundamentalism, disintegration of certain Arab states and tribal war in them, increase of terrorism and, of course, migrants from those areas. Although it would be justified to try to return the evil gotten to them at least partly, by refusing to accept the miserable the Europe gives the mortal strike to some of the main values that are considered its identity characteristics - free movement of people and solidarity. All this, actually, indicates on the absence of the European identity consciousness. There is no clearly defined content of the idea of the Euroidentity, nor there is consciousness of it with the citizens of the EU. The citizens of the EU are still more French, Englishmen, Germans, Italians, Spaniards, Poles, Czechs rather than the Europeans. Their Europeanism exists only on the level of usefulness and efficacy, therefore, the prediction is that the model of the EU as an international organizations generis will be kept for a long time, while identities in future will be tied for (European) nations.

Is There a Human Right to Private Health Care?

Recent years have seen an increase in the turn to rights discourse within the context of access to health and specifically health care. Developments took place at both the national and global levels, with a significant increase in right to health litigation around the world. The social economic rights regime, is expected by many to address questions of social-economic justice. In the context of the right to health, it has the potential to assist in expanding equal access to health (and health care) and redressing disadvantage. But this article considers the tension between on the one hand the ability of the right to health to reinforce privatization and commodification of health care, by rearticulating claims to private health care in terms of human rights, and on the other hand its ability to reinforce and reinstate public values, especially that of equality, against the background of privatization and commodification. The article considers claims of access to private or semi-private health programs have been made using human rights arguments with success (Canada) and with failure (Israel) and focuses on the role of rights discourse and litigation at this intersection of the public and the private, while considering the role rights play in affecting health policy and health systems at this intersection. By looking at the case law I consider how introducing human rights to the area of public health care may be used not to expand equality, but rather to re-articulate claims to private health care as human rights claims: in both Canada and Israel there have been constitutional attacks on legislation which attempted to prevent a shift from accessibility based on medical need, to accessibility based on the ability to pay.

States and Social Rights: Women's Economic Citizenship in the Maghreb

AbstractHow has economic reform transformed states, societies, and state-society relations in the countries of the Maghreb (North Africa)? With a focus on Algeria, Morocco, and Tunisia, the paper identifies new actors, opportunities, and challenges observed in the Maghreb. Specifically, it examines how—in an era of globalization characterized by neoliberal economic policy but also the worldwide diffusion of norms of women's rights—state strategies for integration into the global economy have been affecting women's economic participation and social rights and have, in turn, led to women's collective action for legal equality and social-economic rights. As such, state-society relations are being renegotiated in terms of both new social and new gender contracts. In examining recent reforms of family codes and labor laws, the paper elucidates the contradictory effects of globalization on women and the complicated relations between states and feminist organizations in the region. The argument is informed conceptually by world-systems theory, feminist political economy, theories of citizenship, and the social movements literature.

Human Rights Media Coverage in Chinese East Asia

An analysis was made of mass media coverage originating in four Chinese-speaking regions of the world—the People's Republic of China (PRC), Hong Kong, Singapore, and Taiwan. The analysis was of coverage of human rights of three types: civil and political; social and economic; and due process. Rights were also scored as to whether they pertained to individuals and businesses. One finding was that civil-political rights were emphasized in regions with the greatest exposure to the West, while regions with less exposure focused on social-economic rights. Another result was that, as ideas about human rights diffused in regions, due process rights were increasingly discussed in the media. A further finding was that much of the press coverage that used the term "human rights" involved rhetorical responses to Western criticisms without articulating specific ideas about rights.

Social Economic Rights and Human Rights Commissions

Social Economic Rights and Human Rights Commissions