Universal Declaration Of Human Rights Research Articles

Human Rights in Crises

Abstract The Nigerian nation has gone through a countless number of socio-economic and political challenges since its spontaneous union of numerous ethno-religious, political, and geo-regional races on January 1, 1914. There have been joint threats to the cohesion, assimilation, and unity of the Nigerian State due to the prevalence of a tense political system that is deeply ingrained with a deeply divided society. These threats include symptoms of not only disaffection but also an escalation of insecurities such as conflicts over resource allocation and revenue control, cattle rustling, kidnapping, cultism, armed banditry, the politics of inter-ethnic conflict. This paper adopted the doctrinal and historiographical methods of research to appraise the subject of the research. The paper concluded that while it has been established in this paper that self-determination is indeed provided for in both the Universal declaration of Human Rights, 1948 (udhr) and the African Charter on Human and Peoples Rights, 1986 (achpr), it has also been established to be against the Constitution of Nigeria, which is founded on the incontrovertible principles of state sovereignty and territorial integrity. The paper further recommended that consensual regionalism is the way forward for satisfying dissenting voices, and guaranteeing adequate representation in government.

Extrajudicial Killing Dalam Kebijakan War on Drugs di Republic of Philippines: Melanggar Statuta Roma?

This article aims to find out and analyze whether extrajudicial killings arising from the war on drug policy in the Philippines can be the jurisdiction of the International Criminal Court (ICC). This article uses juridical-normative research with a legislative, historical and conceptual approach. The act of extrajudicial killing due to the war on drug policy in the Philippines violates the provisions in the Rome Statute. The Philippines itself was a State Party of the Rome Statute although in the end the Philippines withdrew from the Rome Statute. However, this cannot change the jurisdiction of the ICC to conduct investigations into extrajudicial killings in the Philippines. Extrajudicial killing is a violation of human rights as stipulated in the Universal Declaration of Human Rights and related conventions. The act of extrajudicial killing due to the war on drug policy becomes the jurisdiction of the ICC under Article 7 paragraph 1 of the Rome Statute of 1998, namely crimes against humanity as part of murder. In establishing a crime the ICC uses elements of crimes. Therefore, extrajudicial killings that occur in the Philippines can be the jurisdiction of the ICC.

ПОНЯТИЕ И СОДЕРЖАНИЕ КОНСТИТУЦИОННОГО ПРАВА НА ЖИЛИЩЕ

The article is devoted to the study of the constitutional right to housing and the analysis of the specific content of this subjective right.
 Social rights and freedoms are one of the foundations of a democratic, legal and, especially, social state (Articles 1, 7 of the Constitution of the Russian Federation). One of the most important social rights is the right to housing. The need for housing is one of the primary human needs. Today, housing performs the functions of a place of rest, home life, study, work, communication, consumption of material and spiritual benefits, providing comfortable conditions for a healthy existence and protection from cold, heat, other conditions, and the like.
 It is not surprising that the right to housing is considered by the international community as one of the elements of the right to a decent standard of living (Article 25 of the Universal Declaration of Human Rights, Article 11 of the International Covenant on Economic, Social and Cultural Rights). At the same time, in the Russian constitutional law, the right to housing is positioned as an independent constitutional right.
 After analyzing the normative prescriptions of the Constitution of the Russian Federation, it becomes clear that the right of citizens to housing should be attributed to socio-economic rights and freedoms. The right of citizens to housing corresponds with such constitutional rights and freedoms as: the right to inviolability of the home, the right to private property, the right to free choice of place of stay and residence, and the right to personal dignity. In modern scientific doctrine, the right to housing is a constitutionally guaranteed opportunity for a citizen to satisfy the need for housing in one of the ways determined by law.

UN Resolution 1514: the creation of a new post-colonial sovereignty

What role did the post-colonial world play in shaping the contemporary norm of sovereignty? Challenging the traditional understanding of the development of sovereignty as a norm that expanded from Europe, this article recentres the post-colonial contribution to the development of sovereignty. This article first presents the Western powers’ understanding of the norms of sovereign recognition in the nineteenth and early twentieth centuries, before outlining the post-colonial states’ efforts to develop new norms in favour of equal sovereignty for the post-colonial world. It does this first by analysing the contribution of the post-colonial world in the shaping of the Universal Declaration of Human Rights, and how these normative documents were taken up by the post-colonial world to argue for an end of colonial rule. It then provides a history of the normative ideas developed in the post-colonial world in the 1950s, expressed at the Bandung conference (1955) before being normalised into our contemporary understanding of international sovereignty through the passage of United Nations Resolution 1514: The Declaration on the Granting of Independence to Colonial Countries and Peoples in 1960. This work addresses the radical disjunctures and enduring continuations between ideas of sovereignty in the colonial and post-colonial eras of international relations.

Human Rights from an Islamic Perspective: A Critical Review of Arabic Peer-Reviewed Articles

The relationship between human rights and Islam is important in countries of the Arab world where religion plays a significant role in public debates and daily life. The topic is particularly relevant at a time of sharpening conflicts and polarization, when forms of government in the region, the current world order, and the legitimacy of international organizations are increasingly contested. Much of the scholarly work published in English on this topic draws on sources available in English. This review, therefore, aims to make a contribution to the field through analysis and discussion of academic papers published in Arabic. A search was made in Google Scholar in April 2022 which yielded 12 publications published in 2020 and 2021, after inclusion and exclusion criteria had been applied. These publications were analyzed drawing on the four framing categories. A summary is also given of the definitions, sources, and premises on which the arguments of the publications draw. The reviewed papers contrast the universal and divine foundation of Islamic human rights with the limitations of modern conceptualizations based on the Universal Declaration of Human Rights (UDHR). The latter is described as emanating from Western hegemonistic aspirations and as detached from moral and spiritual values. The papers consequently argue that human rights would be guaranteed globally by generalizing a system of governance based on Shari’a law and the ideal of the Rightly Guided Caliphs. Little attention is given to human rights abuses observed in Muslim societies, diverse interpretations of Islamic source texts, or concrete measures to improve human rights protections in practice. Importantly, the arguments presented in these papers tend to reinforce a contemporary discourse that frames conflicting visions on human rights as a ‘clash of civilisations’ between ‘Islam’ and ‘the West’.

Human rights education for representatives of legal professions: international legal aspect

The article analyzes the provisions of international legal acts at the universal and regional levels (Universal Declaration of Human Rights of 1948, International Covenant on Economic, Social and Cultural Rights of 1966, Basic Principles on the Role of Lawyers of 1990, Committee of Ministers Recommendation Rec (2004) 4 to member states on the European Convention on Human Rights in university education and professional training etc.) regarding education in the field of human rights for representatives of legal professions. It is noted that representatives of legal professions who are at the center of human rights protection should be able to obtain high-quality education in the field of human rights in order to effectively perform their human rights function and prevent human rights violations. Human rights education programs were described (the UN World Programme for Human Rights Education, Council of Europe Programme for Human Rights Education for Legal Professionals). It is indicated that the UN World Programme for Human Rights Education consists of a number of stages aimed at specific issues: the first stage (2005-2009) was aimed at including human rights in the educational program of primary and secondary schools; the second stage (2010-2014) was dedicated to education in the field of human rights in the higher education system and professional training programs for teachers, lecturers, civil servants, law enforcement officers and military personnel; the third stage (2015-2019) was aimed at employees of mass media, and the fourth stage (2020-2024) identified youth as the target group. It is noted that the Council of Europe Programme for Human Rights Education for Legal Professionals (HELP) consists in strengthening the potential of judges, lawyers and prosecutors, etc. on the application of European standards in the field of human rights through online courses that cover a range of topics in this field.

Theories of Empowerment, Relevance and Challenges it/they may have for Human Rights Education (HRE)

Some organizations and individuals have worked to advance the fundamental rights of humans by the Universal Declaration of Human Rights (UDHR) preamble, which states that every individual and every organ of the society shall strive to teach and educate to promote respect for these rights and freedoms. It has been UNESCO's mission, to advance human rights concepts and values in and through educational endeavors across the world were founded in 1945” for better readability. Education is the most effective tool for promoting harmony among people of all social group. To fulfill this difficult goal, the organization has worked closely with its allies (Tibbitts, 2002).In recent years, the sector of human rights education (i-e. HRE) has become prominent and important worldwide. Education for intercultural understanding has been gaining momentum since the early 1990s; it is often intertwined with other areas of education such as citizenship education, anti-racism, and antisemitism educational programs and intercultural understanding educational programs. It is true that HRE has its roots in the non-formal education sector and is used to train professionals as journalists, teachers, and law enforcement officers as those in the official field of education (Higgins, 1996).UDHR's objectives are put into practice through HRE, a purposeful effort to create a worldwide human rights culture. The values, awareness, accountability, and frameworks for human rights education practice in formal and non-formal education sectors (Tibbitts 2002). There was an awareness of educational programming, learning theory, and social change included in the HRE around the global world (Tibbitts, 2002). The learning objectives, student target groups, and other practical educational programming features such as content and methodology were all considered while developing the original models from a practitioner's perspective. Practice and social change techniques were intertwined with HRE practice models that were developing (Bajaj & Monisha, 2011).

Experiences of Learners Who Are Incarcerated With Accessing Educational Opportunities in Ontario, Canada

Access to education is a human right that should be upheld for everyone including individuals who are incarcerated as outlined in Article 26 of the United Nations Universal Declaration of Human Rights. 25 interviews were conducted between April to June 2021 with various key stakeholders: 5 staff involved with the delivery of educational programs in jails, 10 learners who are or were formerly incarcerated, and 10 representatives from post-secondary institutions or jails. The objective was to identify barriers limiting access to education, while incarcerated and post-release, and how such barriers can be mitigated. Responses were examined using Critical Race Theory as a paradigm and thematic analysis as a methodology. Findings indicate that access to education for individuals who are incarcerated remains limited, not prioritized, and overall an underdeveloped sector in Canada. More funding and resources need to be allocated to prioritize education and expand the capacity of incarceration facilities to offer more programming in ways that are accessible and socio-culturally relevant.

Response of Muslims in Indonesia, particularly the Council of Indonesian Ulama (Majelis Ulama Indonesia) as well as Nahdlatul Ulama and Muhammadiyah, to the social discrimination against Muslim communities in France

A report by a global human rights organization, found that violations against Muslim groups in France were widespread and all the acts committed were based on the name of state security. The Universal Declaration of Human Rights was prepared by representatives of countries with different legal and cultural backgrounds from all regions of the world which was proclaimed by the United Nations General Assembly on December 10, 1948 in Paris, France. This declaration then signifies that fundamental human rights must be universally protected. In this research, researchers aim to find out what social discrimination has occurred against Muslim groups in France, and researchers also want to know what are the reactions of Muslims in Indonesia in general and their responses, especially Council of Indonesian Ulama (MUI) and Nahdhatul Ulama and Muhammadiyah as representatives of Muslims in Indonesia against social discrimination against Muslim groups in France by using a qualitative approach method whose data collection techniques are through internet-based research, literature studies, and interviews. In their research results, researchers found that Indonesian society in general, especially MUI, NU, and Muhammadiyah continue to guard against Islamophobia in France and France as the country where the rules regarding international human rights were declared still have a high rate of discrimination, especially against Muslim minority groups.

Townships’ High School Learners’ Views on the Implementation of the Right to Education: A Social Justice Perspective

The Universal Declaration of Human Rights asserts that education is a fundamental human right for everyone. Education promotes equality, but this can only be possible in the absence of social injustices within school systems. Social justice in education entails challenging any inequalities that may exist in the education system. This study focused on examining South African township high school learners’ definition of their right to education and views on its implementation. Using a qualitative approach, 45 high school learners (26 female and 19 male) who were purposively sampled from two township public high schools participated in semi-structured, in-depth individual interviews. The study was grounded in the social constructivism paradigm and data were analysed thematically. The findings of this study showed several shortfalls in the implementation of the right to education in the two schools. Despite a few positive developments, learners generally felt dissatisfied with the implementation of their right to education. Based on these findings, this study recommends the need to monitor activities in public schools to ensure that the right to education is fully implemented, to promote social justice in schools. Keywords: public school, right to education, social justice, the Constitution of South Africa, the Universal Declaration of Human Rights, township

Redefining shelter: humanitarian sheltering.

Shelter is one of the most 'intractable problems' in humanitarian aid and yet there is little clarity on an overarching definition. Terminology for shelter and housing is often conflated, and the most prominent definition does not fully reflect recent progress in the Shelter and Settlements Sector. This paper explores the varying terminology utilised in definitions of shelter within humanitarian aid since 1990, reflecting on the concepts of 'shelter' and 'housing', alongside surrounding perceptions of 'house' versus 'home', and related measures of adequacy. The current, most prolific definition is also deconstructed, demonstrating ambiguity in some of terminology such as 'dignity' and 'privacy', and revealing that interpretation of this definition depends on the reader's knowledge. Lastly, a new definition of 'sheltering' is proposed, encompassing five key reflections: the concept of process over object; the inclusion of communities and individuals; the commonality of long-term sheltering; the wider effects of shelter; and the impacts on host communities and environment.

A food insecurity Kuznets Curve?

Advances in food security proceed unevenly within and across nations. A striking pattern emerges from analysis of >560,000 individual responses to the first globally comparable, nationally representative, repeated food insecurity survey, which is statistically representative of >96 % of the world’s population. We find the relationship between the prevalence of food insecurity in a country and intranational, interpersonal inequality in food insecurity follows a strong inverse-U shape, i.e., a Kuznets Curve. The relationship is stable over time and across relevant inequality measures and estimation methods. This finding can help guide the implementation of safety nets and social protection programs to achieve the UN’s Sustainable Development Goal 2 and to satisfy the human right enshrined in Article 25 of the 1948 Universal Declaration of Human Rights.

KEBIJAKAN LUAR NEGERI INDONESIA DALAM MENANGANI KASUS PERDAGANGAN MANUSIA DI KAWASAN ASIA TENGGARA

Human trafficking is a global issue that is growing so rapidly, especially in Southeast Asia. this happens because of the encouragement of economic factors such as poverty and social factors such as education. The government has a very big responsibility in preventing human trafficking, especially in its territory as stated in the Universal Declaration of Human Rights. Therefore, it is necessary to review Indonesia's foreign policy in dealing with cases of human trafficking in the Southeast Asian region. This study uses a descriptive method and an explanatory approach, this study also uses the concepts of foreign policy and Human Security. The results of this study are in an effort to eradicate cases of human trafficking, there are often obstacles due to the lack of strict laws and regulations governing human trafficking at the national level. Indonesia has implemented Law number 21 of 2007, discussing the criminal act of trafficking in persons (UU PTPPO), and establishing an integrated service for empowering women and children (P2TPP2A). In addition, Indonesia also makes foreign policies related to cases of human trafficking, such as cooperation with other countries.

Islamic Law and Human Rights: Doctrinal Controversies in Sunni and Shia Islam Since The 1948 Universal Declaration

From a comparative perspective, this article analyses the doctrinal debate that arose in Sunni and Shia Islam after adopting the Universal Declaration of Human Rights in 1948. This research method is a descriptive comparative prospective study carried out by comparing and explaining the object of research objectively and factually based on the data sources obtained. In this case, the benchmark for comparative data is Islamic law and human rights studies from the perspective of Islamic teachings and Shia Islam. For decades, this text has produced almost no response in Islam. In its final recommendations, the Congress of the Sixth Academy called for uniting the Muslim community, respecting human dignity and human rights, condemning racial discrimination by certain States that believe they are civilized, as well as only publishing works that expose the position of his arguments correspond to the thesis outlined by Abū al-Aʿlā Maudūdī in his texts on the Islamic State and a booklet on human rights in Islam. Certain are confident they are civilized and only publish works that expose the Islamic position on human rights. In November 1975, Mawdūdī gave a lecture in Lahore on the question which arose in response to this recommendation. From the 1980s onwards, more prominent thinkers began to confront their legal traditions with those that became the source of human rights. While comparing the two legal systems contributes to major developments and contrasts in the con-thought of temporary Islamic law.

Afghan Refugees in Pakistan and Syrian Refugees in European Union: A Comparative Analysis

Displaced persons are Refugees, cross borders under coercion by force, leave motherland and difficult to return safely to home of parents. Root word is ‘refuge’ from which ‘refugee’ is derived, it means hiding and shelter from danger. Pakistan is not signatory of Refugee Convention 1951 but member of the United Nations (UN). Afghan refugees are living in Pakistan for approximately four decades, the Government of Pakistan provides favorable treatment and atmosphere to Afghan Refugees in Pakistan. Resultantly, Pakistan has been suffering terrorism, political instability, and economic dropdown though after left of Unites States of America (USA) in 2021, many more Afghan Refugees are expected to migrate to Pakistan. International Community is required to work and ensure peace and stability in Afghanistan in order to ensure returning back of Afghan Refugees to their parent’s home safely and work for stability and peace of Afghanistan and the region so that they live there peacefully. According to Universal Declaration of Human Rights’ (UDHR) article 14: everybody has freedom and right to enjoy, seek asylum from persecution in other countries. Asylum right not invoked if (i) genuinely arising prosecutions from non-political crimes, or (ii) acts repugnant to principles and purposes of United Nations, and Convention Relating to Status of Refugee signed in 1951 under United Nations High Commissioner for Refugees (UNHCR). There are 145 signatories currently to Refugee Convention 1951 but Pakistan has not yet acceded to Refugee Convention 1951. According to Refugee Convention 1951 preamble: freedom under fundamental rights enjoyed by human beings under Charter of the UN and UDHR without discrimination. The UN has assured efforts to expand freedom under fundamental rights to refugees. Communitarian Critique research methodology is deployed to help understand issues of refugees. Qualitative methodology is used while conducting this research, an analytical and comparative methods to analyze and compare Government of Pakistan’s treatment of Afghan refugees in Pakistan approximately for 4 decades as compare to Syrian Refugees’ treatment by European Union (EU). The largest populated migrants refugee country of the world for 4 decades is Pakistan, approximately 5 million Afghan nationals migrated to Pakistan during Cold War and approximately around 1.3 million still living in Pakistan and they are not willing to go back to Afghanistan specially after withdrawal of USA in 2021. The International Community is required, requested, and suggested to wish, help, and endeavor to build up economies of Afghanistan and Pakistan and try to strengthen stability and peace so that remaining Afghan nationals who are living as refugees in Pakistan can go back to their motherland safely, happily, and live there peacefully.

Human Freedoms: A Philosophical Fetish or Legal Reality

The paper analyzes modern scientific views on the term «human freedoms.» The author examines scientific approaches to the concepts of «human rights» and «human freedoms» and compares the content of these concepts and their meaning in legal practice. The paper investigates historical roots of the emergence of the term «human freedoms» in the current legislation of the Russian Federation. The impact of The Universal Declaration of Human Rights on dissemination of the term «human freedoms» in the national legislations of most countries is assessed. The paper argues inexpediency and even harmfulness of using this term both in scientific legal constructions and in the norms of law. Specific proposals have been formulated to amend legislation in order to prevent it from being filled with terms that do not have a clear and specific content, which are not used in law enforcement practice, create discussion in scientific communities and contribute to a vague understanding of fundamental legal structures by future lawyers.

Civilizational approach to human rights: on the 75th anniversary of the Universal Declaration of Human Rights

Documents and materials related to the adoption of the Universal Declaration of Human Rights and related international documents 75 years ago show the close relationship between the processes taking place in the world and the state of human rights. Over the past decades, human rights have remained among the most acute problems of law and politics, and not only theoretical discussions were conducted around them, but a real ideological struggle unfolded. Disputes and contradictory assessments of the significance of the Universal Declaration and its impact on the further development of legal systems continue to this day. Tools and solutions that allow taking into account national interests while observing International human rights standards are being actively discussed. For example, with the help of a civilizational approach, an attempt is being made to solve the problem of fulfilling International human rights obligations while preserving the fundamental cultural, historical and religious differences of individual civilizations and regions. At the Institute of State and Law of the Russian Academy of Sciences, this approach was developed by a Corresponding Member of the RAS E.A. Lukasheva.

Pauli Murray: Human Rights Visionary and Trailblazer

While other scholars have discussed Dr. Pauli Murray's remarkable contributions to race and sex equality law,1 few, if any, have placed her contributions within the context of the broader tradition of human rights law. And yet, she identified herself specifically through this lens, using the terminology and law of human rights, in part shaped by her friendship with First Lady Eleanor Roosevelt, a delegate to the UN Drafting Committee for the Universal Declaration of Human Rights (UDHR).2 This essay addresses a lacuna in legal scholarship by exploring the ways in which Murray's work fits into the Black intellectual tradition concerning the human rights idea. It also seeks to provide a greater understanding concerning contributions to human rights (and more broadly, international law) made by Howard University School of Law, where she attended law school and one of us is on the faculty. Among other linkages, Clarence Clyde Ferguson, a dean of Howard Law School and former ambassador, was the first Black president of the American Society of International Law.

The Right to Freedom from Arbitrary Arrest and Detention: Article 9 of the Universal Declaration of Human Rights (UDHR)

The Right to Freedom from Arbitrary Arrest and Detention: Article 9 of the Universal Declaration of Human Rights (UDHR)

Freedom Of Speech And Expression Vis-À-Vis Contempt Of Court With Special Reference To Prashant Bhushan Case

The present research paper explores the intricate matters pertaining to freedom of expression and contempt of court in the Indian context. The article commences by emphasizing the significance of freedom of speech and expression as a fundamental human right that is ensured by the Universal Declaration of Human Rights (UDHR) and the Constitution of India. It focuses on the examination of the right to freedom of speech and expression in India, and its safeguarding through the constitutional provision of Article 19(1)(a). Notwithstanding, the entitlement to this right is not without limitations, and certain constraints are necessary to forestall any act of defamation or contempt of court. According to the Constitution’s Article 19(2), invoking Article 19(1) necessitates additional deliberation. This paper explores the notion of contempt of court in India and its classification as either a civil or criminal offense in accordance with the Contempt of Court Act of 1971. The primary objective of the law is to safeguard the judicial system from undue political interference and unjustifiable censure, and it employs legal measures to penalize individuals who seek to undermine its integrity. Despite their similarities, it is worth noting that the consequences for contempt of court are comparatively less severe than those for defamation. This research offers a comprehensive examination of the Prashant Bhushan case, underscoring the intricate equilibrium between the fundamental right of freedom of speech and expression and the offense of contempt of court. Prashant Bhushan, a prominent legal practitioner, faced allegations of contempt of court due to a tweet that expressed criticism towards the judiciary. The aforementioned case ignited a nationwide discourse regarding the boundaries of unrestricted expression and the judiciary’s responsibility in safeguarding its standing. The study concludes that the imperative of safeguarding the judiciary and averting contempt of court necessitates a harmonization with the entitlement to freedom of speech and expression. Although the Indian Constitution provides for the fundamental right to freedom of expression, it is constrained by specific restrictions. The Contempt of Court Act of 1971 offers a means of penalizing individuals who exhibit behaviour that is deemed contemptuous. However, it is imperative that this mechanism is employed with discretion to prevent the suppression of free expression. The case of Prashant Bhushan underscores the necessity of adopting a nuanced methodology in reconciling the divergent interests at play.