Such a critique though hyperbolic in nature may come across as a complete misconception of science but in its essence it comprises of the truth. The same proposition has been put forth with requests to man’s need to manufacture by Mary Daly, a lesbian separatist feminist who rejected male culture as evil (Mary Daly, 1984). According to her while women had reproductive capacity, mens “technological offsprings” did nothing but pollute the atmosphere. The Declaration also emphatically rejects the “western scientific model” as a model of environmental control which is an “imperialist system for colonization of the planet” where “Mother Earth is converted into a source of raw materials”. Its emphasis on “ a profound shift in agricultural practices toward the sustainable model of production used by indigenous and rural farming peoples, as well as other ancestral models” resonates with Vandana Shiva’s celebration of the Chipko Movement and the higher premium placed on traditional and sustainable living by communities by most ecofeminists.
Abstract The spate of insurgences and conflicts in the country and around the sub-region has led to the increased presence of refugees and Internally Displaced People (IDPs) in Nigeria. This has resultant challenges on the basic needs of refugees and IDPs at different levels. One of the highest priorities of refugees and IDPs communities is education. Nigeria is obviously struggling to provide basic education for her citizens hence the emergence of refugees and IDPs and their need for education put a double burden on the nation’s education system. Sections of the 1948 Universal Declaration of Fundamental Human Rights; 1951 Convention on the Status of Refugees, 1989 Convention on the Rights of the Child, and 1990 Declaration of World Conference on Education for All call for no discrimination in the education of men, women and children irrespective of status; compulsory and free education for all and the right to education in emergencies. These are supposed to be the policies and implementation guidelines for ratifying countries. Observations show that, in spite of the challenging situation, there is little evidence of the commitment by the Nigerian government through the Universal Basic Education Commission (UBEC) to the education of refugees and IDPs. In cases where some levels of provisions are available, the quantity and quality of such provisions needs improvements. Since there is no guarantee that refugees problems will end soon, this paper examines the available provisions and institutional approaches for the education of refugees and IDPs in Nigeria; analyses the level of Nigeria’s preparedness for providing education for refugees and IDPs persons; and makes propositions for meeting this peculiar global reality.
The Universal Declaration of Human Rights, the International covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights constitute a trinity which is often called the magna carta of humanity". The United Nations shows concern for human rights and the list of these rights which every human being has a right to enjoy includes: The right to life; Abolition of slavery and suppression of the slave trade; Abolition of forced or compulsory labour; Freedom from torture; Freedom from arbitrary arrest, detention or exile; Equality in the administration of justice; The right of everyone to leave any country, including his own and to return to his country; The right to a nationality; Freedom for thought, conscience and religion; Freedom of opinion and expression; Freedom of association; The right of everyone to take part in the government of his country; The realisation of economic, social and cultural rights; The right to work; The right to education; The right to health; Freedom from hunger; The right to participate in cultural life; The right to a clean environment; The right to adequate shelter and services. As women are the largest minority in the world and suffer suppression of personality, therefore, the United Nations has had to deal with the problem of justice to womenhood seriously, to remedy their many maladies. Some of the recipes are: United Nations instruments embodying the principle of equality of men and women; measures taken by United Nations bodies to implement the principle of equality of men and women; United Nations instruments dealing with problems that affect women adversely; measures taken by United Nations bodies to deal with problems that affect women adversely; Integration of women in development; Effective mobilisation of women in development. 1
The post- War World II collective system had to reconcile and link two central goals: to maintain peace and security in the world and at the same time foster respect for human rights within the domestic legal system. These twin goals are described in the Preamble of the Charter, which declares that the United Nations are determined ‘to save succeeding generations from the scourge of war’, ‘to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small’, as well as, ‘to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained’.
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During the Second World War the allies adopted the Four Freedoms: freedom of speech, freedom of religion, freedom from fear, and freedom from want, as their basic war aims. The United Nations Charter "reaffirmed faith in fundamental human rights, and dignity and worth of the human person" and committed all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights. At the time Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat. The Commission on Human Rights, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights.
The dominant story of both the post-war human rights movement and the founding of the UN is told as a response to the tragedy of WWII. While I do not want to promote the idea that the post-war order was a great victory for the forces of justice and order – a political mythology that is challenged by the injustices sustained and created by this new order (Mutua 2007, 552–557 and 619–629) – I do want to suggest that the war was the event that gave the human rights movement substantial force and made the UDHR a possibility. Certainly, there had been many destructive wars before and WWI had similarly shaken the old Westphalian faith, but the breakdown of international political order in WWII was more extreme, and was part of a massive social disruption in which the Western world found its technology turned against life itself with staggering ferocity, its moral superiority proved an illusion, and its institutions of political authority under siege at home and in the colonized world. Further, the contributions of women and minority groups in the war enabled marginalised populations to gain new experience and knowledge, which gave rise to a desire to see their sacrifice redeemed through political change – as the project of rallying the world in a “fight for freedom” against tyranny inspired those subject to different tyrannies to continue their fight, including African-Americans, Black South Africans, the working class throughout Europe, Latin American states and nations just emerging from the yoke of empire. The old international order was consciously being remade not just by and for the victorious powers, but with the inclusion of many new voices silenced by the previous order.
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Human rights education is difficult. On the one hand this difficulty is a consequence of well known obstacles for HRE: a lack of resources, difficulty accessing the formal curricula, teaching lacking knowledge and skills to deal with these topics, a lack of political will or will that is only symbolic in nature. Independently of these system issues, HRE is inherently difficult due to the controversial and critical character of human rights and the contrasting approaches human rights educators have to its introduction. We have a widely different range of contexts to which human rights education is applied and a parallel diversity of models and conceptions. We can see this as enriching the practice of HRE or as creating additional obstacles to implementation by inviting confusion (Georgi, Seberich 2004). There are different ways to distinguish the various concepts of HRE. The typology of my co-editor Felisa Tibbitts distinguishes between three models of HRE: She suggests that these typologies are distinguished by their learner goals and their strategic roles in fostering the human rights movement. Stacked together, these typologies could be modeled after the "learning pyramid", an image that illustrates three emerging models of HRE. At the bottom of the pyramid, there is the "values and awareness model" which focuses on transmitting knowledge about human rights and to foster its integration into public values. Awareness campaigns and most school curricula fall within this category. There is little emphasis on skill development, excepting perhaps for critical thinking. The role of this HRE approach vis-à-vis the human rights movement is to create a public consensus around human rights values that can be brought to bear on state officials.
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One of the major problems with Qatar’s continental law concerning persons with disabilities is structural, as reflected in its conceptual basis. On the one hand, and in spite of the efforts and money invested by the State for persons with disabilities (including the national health and development strategy, the Shafallah Center, and the development of high-technology educational institutions for persons with sensory impairments, generally leaning towards the promotion of services rather than rights), the underlying rationale is (albeit not completely) based on a medical/rehabilitative model instead of the social model of disability. In general terms, the medical model refers to disability as a condition of the person. This model assumes that the person with disabilities must adapt to the environment rather than the other way around. The social model of disability, in contrast, considers disability to be a social construct. Under this model, disability is defined as a person’s situation because of their environment and not a condition of the individual. The social model of disability is clearly reflected in Article 1 of the CRPD and the rest of its provisions, and has inspired the negotiation and subsequent signing of the Convention, which, as a human rights treaty, has shaped a model of human rights that accord with this social model.
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They can conduct case studies on child labour or school dropout or a case of female infanticide and analyse, infer and draw conclusions from it. For this they will also need to get familiar with the tools and techniques of collecting data and knowledge of research methodology etc. In morning assemblies brief presentations can be made by members of human rights education clubs in the college campus. Social service club can also hold exhibitions and educational projects to improve the lot of the less fortunate.
Having highlighted the key findings of the IACtHR in relation to indigenous land rights, it is now possible to better appreciate how the Court has elaborated on the concept of FPIC. As of today, the IACtHR has dealt with FPIC in one case only, that is, the 2007 Saramaka People v. Suriname case. 100 In this case the Court had to determine, among other things, whether logging and mining concessions awarded by Suriname to third parties on ancestral lands of the Saramaka people amounted to a violation of their property rights under Article 21 of the Inter-American Convention. The Court first acknowledged that Article 21 also protects the rights of indigenous peoples to own and enjoy the natural resources found within their ancestral lands. 101 After establishing this general principle, it specified that the resources protected under Article 21 are only those necessary for the survival of indigenous peoples, that is to say, resources associated to agricultural, hunting and fishing activities. Having said that, the Court crucially observed that exploiting natural resources that are not necessary for the survival of indigenous peoples, e.g. subsoil resources, may nevertheless have important consequences on the cultures and lives of these peoples, for they may impact on the resources necessary for their survival. It follows that Article 21 may impose certain limits on what States can and cannot do also in relation to the exploitation of these (unnecessary) resources. This, however, must not be read as an affirmation of absolute protection of indigenous peoples’ rights. As the IACtHR noted, Article 21 ‘should not be interpreted in a way that prevents the state from granting any type of concession for the exploration and extraction of natural recourses’ within a territory owned by an indigenous community. 102 Instead,
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The denial of human rights is not only an individual and personal tragedy, it also creates conditions of social and political unrest sowing the seeds of violence and conflict within and between societies and nations and as such as a result of work of government, non-government, national, regional and international organizations around the glove human rights transcend national boundaries and jurisdiction and thereby go beyond the jurisdiction of a particular nation’s public law. The charter of United Nations imposes clear, compelling, legal obligations on all member- nations/states to promote economic and social development and human rights through collective and individual efforts. The human rights groups throughout the world are performing commendable tasks drawing attention to violation of human rights and taking steps to implement these rights, protecting one against person, repressive society and polluted environment, and above all, man-made bad laws. But what is needed is action derived from collective wisdom if we are to bequeath a happy peaceful and developed world. To attain the goal, equal protection of law, equal and reasonable opportunities for everybody to avail the course of law to improve our quality of life is a must. A successful investigation to find out proper guidance for protection and promotion of human rights for peace and development in the world is an international human need.
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A number of U.N. specialized agencies have also addressed the question of globalization. The ILO has long tackled the phenomenon. From the Copenhagen Social Summit in 1995 to the 1998 Declaration on Fundamental Principles and Rights at Work, the ILO has pressed for an international consensus on the content of the core labor standards that provide a social floor to the global economy. In 1998, the ILO adopted the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182). It also adopted its Declaration on Fundamental Principles and Rights at Work together with a follow-up procedure based upon technical cooperation and reporting. The principles have been incorporated into codes of conduct by the private sector and also used as a basis for action by various regional communities, such as the Southern African Development Community and the Caribbean Community. U.N. bodies and specialized agencies, such as the U.N. Children’s Fund (UNICEF), the U.N. Educational, Scientific and Cultural Organization (UNESCO), the Office of the U.N. High Commissioner for Refugees (UNHCR), and the U.N. Environment Programme (UNEP), have all carried out work that has implications for the overall response by the U.N. to the phenomenon of globalization. On the regional level, the European Union, in the context of negotiations for the fourth Lom Agreement with countries of Africa, the Caribbean, and the Pacific (ACP states), sought to include good governance in public affairs, democracy, respect for human rights, and respect for the rule of law, essential in the elements of the accord, with the termination of assistance for non-respect of any of the elements.
Unlawful detention: Detention without trial, and without charge, is effectively prohibited under Article 5 of the European Convention on Human Rights. However, following the events of 9/11, the British Government exercised its right to derogate from Article 5, on the basis of the Government‟s assessment of the risks posed to the country's security by certain people resident in the country. The Government persuaded Parliament to enact the Anti-terrorism, Crime and Security Act 2001 and, in terms of Section 23 of the Act, made an Order (the Human Rights Act 1998 (Designated Derogation) Order 2001), by means of which the Government acquired statutory powers to detain, without trial, aliens believed by ministers to pose a terrorist threat to the U.K. It was under that Order that the Home Secretary ordered the detention of these men. Deportation: Most of the Anti-Terrorism laws permit the Government to deport any person from the home land which he thinks is dangerous to their home land.
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Since the 1970s attempts to define a right to communicate have been undertaken by different parties, among them: the UNESCO, national advisory bodies, academics, non- governmental organizations (NGOs), and communication activists among others. While debate over the meaning of a right to communicate continues, a number of values are consistently associated with such a right. One of the first attempts to articulate such a right was made by a major advisory body on telecommunications policy established in late 1969 by the Canadian government. The Telecommission asserted in its final report that “The rights to hear and be heard, to inform and to be informed, together may be regarded as the essential components of a ‘right to communicate’” (Instant World, 1971, p. 3). A decade later, Jim Richstad and Michael H. Anderson, two communication studies scholars involved in the early years of the right to communicate movement, describe a right to communicate as:
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The indigenous approach to lands and resources, however, is at odds with a global economic model that promotes the constant exploitation of natural resources and expansion of supportive infrastructures. Since many of these resources are found on lands traditionally owned and controlled by indigenous peoples, an inevitable conflict between competing claims and interests erupts (Tauli-Corpuz 2006, 20). Given the disparity of power of the parties to the dispute, economic and industrial development has traditionally taken place without recognition of and respect for indigenous peoples’ cultural attachment to their lands (Daes 2001, para. 132). The criticality of this ‘conflict’ has been recently highlighted by the UN Special Rapporteur on the Rights of Indigenous Peoples (Special Rapporteur), who noted that the question of development projects affecting indigenous lands ‘has become one of the foremost concerns of indigenous peoples worldwide, and possibly also the most pervasive source of the challenges to the full exercise of their rights’. (Anaya 2011, para. 57).
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The UN Declaration and Convention on the Rights of the Child The Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of Genocide established the universally accepted frame- work for human rights but left significant gaps regarding the specific rights of children. This evolutionary process both predated and postdated these seminal works. It began with Eglantyne Jebb, who witnessed and docu- mented the devastating effects of World War I on Euro- pean children. She drafted a set of children’s rights that was later adopted by the League of Nations as the Ge- neva Declaration of the Rights of the Child. In 1952, the UN adopted and reaffirmed the Declaration of the Rights of the Child and directed its members to follow its prin- ciples of protection for all children. The declaration es- poused the basic principle of civil and political as well as economic, societal, and cultural rights for all children. Over the course of the remainder of the 20th century, the UN tried to craft a treaty that would then do more than make a declaration but actually put the specific principles into international law. The General Assembly on November 20, 1989, passed the UN Convention on the Rights of the Child (CRC). On September 1, 1990, the CRC was put into force, making it the fastest inter- national treaty to move from passage to ratification and implementation by member nations. The CRC estab- lished the responsibility of governments, institutions, citizens, and families for ensuring that the rights of the child are respected and all actions are directed toward achieving the “best interest of the child.”
Taking note of all the above, the Declaration establishes, in Article 31, that indigenous peoples ‘have the right to maintain, control, protect and develop their intellectual property over their cultural heritage, traditional knowledge, and traditional cultural expressions.’ In light of the centrality of the Declaration in the realm of indigenous rights, Article 31 represents the reference point for any credible discussion of the interlink between the cultural and intellectual property rights of indigenous peoples. This chapter seeks to contextualize this important provision within the normative framework of the Declaration. The first part of the chapter will examine the legal and political significance of the Declaration, discussing the circumstances surrounding its drafting and adoption as well as its normative content. The second part of the chapter will focus on the key provisions of the Declaration that are closely connected with indigenous peoples’ intellectual property rights, including those on self-determination and land rights. Special attention will be paid to the content of Article 31 of the Declaration, highlighting the progressive character of this provision in relation to the intellectual property rights regime currently in force at the international level.
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50. Nuclear Weapons Case, supra note 9, also considers when the contents of a declaration may be understood as evidence of an existing custom. At para 70, the ICJ notes that to establish whether a resolution is evidence of customary international law: “it is necessary to look at its contents and the conditions of its adoption; it is also necessary to see whether an opinio juris exists as to its normative character.” Looking to the Declaration on the Prohibition of the use of Nuclear and Thermo-nuclear Weapons, GA Res 1653 (XVI), UNGAOR, 16th Sess, Supp No 17, UN Doc A/5100 (1962) 4, the ICJ notes that it expressly proclaims that the use nuclear weapons is contrary to international law, but applies general rules of customary international law to explain why this is so. For instance, Article 1(b) states that illegality is based on the fact that nuclear weapons would exceed the scope of war and cause indiscriminate suffering. The ICJ goes on to explain that the Declaration on the Prohibition of the use of Nuclear and Thermo-Nuclear Weapons is not evidence of a custom prohibiting the use of nuclear weapons because: “That application by the General Assembly of general rules of customary law to the particular case of nuclear weapons indicates that, in its view, there was no specific rule of customary law which prohibited the use of nuclear weapons” (at para 72).
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DOI: 10.4236/blr.2019.105061 1165 Beijing Law Review formation of the new society. In this manner, private interests enter the univer- sal sphere of the state. However, this does indicate that the law is nothing other but the will of the ruling class, since it must be recognized that the Declaration had given legal rights that the people wanted and needed. The fact that they wanted other rights as well does not exclude that fact. At the same time, the situ- ation for the majority of the population was so grave, and their needs so basic, that the amount of property they possessed was not enough for the articles re- garding the right to property, to impact their lives in any significant way. On the other hand, we could also consider that the masses could have perceived the sa- cred right of ownership of property, as an active stand against the almost mo- nopolistic ownership of land during the Ancien Régime. In the new society, ownership was not limited to those with a birthright to it. Instead, the opportu- nity for ownership was available to anyone, at least in theory.
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The two Declarations of human rights are proven to be mostly just theoretical, incapable of being applied mostly when their protection would be more required. Human rights are not as absolutely universal and inalienable as the Declarations pretend them to be, depending exclusively on the national rights, on the rights of the citizen. This was shown clearly and repeatedly in the case of persons who have lost their national rights and remained only with their rights as human beings in general, rights that guaranteed them practically nothing. We become aware of the importance of these rights and of the necessity of having an effective mechanism to safeguard them only when we see them broken, for once they have been lost to a person, they only with utmost difficulty may be gained back due to the global political and economic situation. These human rights belong to the dignity of the human being as such, not on his quality as citizen of a particular country, and should be valid in any situation without any exception – an inalienable right that suffers exception does not seem to be so inalienable after all – “even if only a single human being would exist on the whole Earth: they are independent of human plurality and should remain valid even for a single human being that is exiled from the community” 49 . The right to have rights should
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