Human Rights and Theory of Sovereignty

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Looking to food sovereignty movements for post-growth theory

Looking to food sovereignty movements for post-growth theory

Vía Campesina gives us hints to how this multi-level approach might work (Menser, 2008). FSM scholars Martínez-Torres and Rosset (2014: 979) have described how Vía Campesina has been ‘sustained and shaped’ by internal dialogues that happen ‘on multiple levels’ among its diverse, global membership. Within their component organizations and in international gatherings, Vía Campesina members raise and hash out issues such as the cultural/political meaning of land, the importance of gender in agrarian issues (and the need to address patriarchy both within and outside FSMs), and the use of ‘human rights’ norms and instruments to protect peasants. Amidst their diversity, the shared experience of those members who have been ‘left out by the dominant monoculture of ideas’ has led to the development of concepts like food sovereignty and ‘social methodologies’ for challenging the corporate food regime (ibid.). More detailed information on these deliberations can be found in Rosset (2013) on land, Desmarais (2004) on gender, and Suárez (2013) on rights, but the operative point is that Vía Campesina effectively unites a diversity of non-elite actors confronting widely varying conditions, but whose interests and values are potentially in conflict. Vía Campesina has maintained a ‘big tent’ of ‘locals’ who have pursued mutual social learning and (internal) rule-making through multilevel processes of inclusive deliberation.
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The impact of the European Convention on Human Rights on UK family law : doctrine, theory and gender

The impact of the European Convention on Human Rights on UK family law : doctrine, theory and gender

Second, Chapter 1 of European Human Rights and Family Law provided the only detailed specific analysis of the factors that affect the operation of the doctrine of margin of appreciation at the ECtHR within the family law context. 11 The analysis found that the general rules concerning the factors that are said to influence the width of the margin, do not necessarily have the same effect in family law. Thus, in general, the more precise the provision the lesser the width of the margin, the more connected the claim is to issues of national sovereignty, such as in immigration, and the more moral or ethical considerations that are involved, the wider the margin. However, within all the other remaining factors the application of the general rules has either been inconsistent, as in the ‘European consensus’ factor in relation to the transsexual cases or, has been applied in completely the opposite way due in large part to the factual context of the case. Thus, in cases involving substantial
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A Sphere Sovereignty Theory of the State: Looking Back and Looking Forward

A Sphere Sovereignty Theory of the State: Looking Back and Looking Forward

of control over the government. In Federalist Papers No. 51, the author [10] questions ‘what is government itself, but the greatest of all reflections on human nature?’ His answer directly refers to the language used by John Calvin, when the author affirms that ‘if men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself’. [11] As Alexis de Tocqueville assessed in his celebrated Democracy in America, ‘[t]here is no power on earth so worthy of honor in itself, or clothed with rights so sacred, that I would admit its uncontrolled and all-predominant authority’ [12]. It is because of the understanding of human fallibility that many attribute to John Calvin the germination of current constitutional liberties [13].
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HUMAN RIGHTS AND INTELLECTUAL PROPERTY RIGHTS:

HUMAN RIGHTS AND INTELLECTUAL PROPERTY RIGHTS:

Article 15(1)c should not be deemed to refer only to existing intellectual property rights but to the intellectual contributions made by different individuals or communities to knowledge. This is neither new nor contro- versial. In the past ten years, significant developments have taken place around the introduction of so-called sui generis forms of intellectual property rights to ensure that actors who cannot be rewarded under existing intellectual property rights are provided some form of legal protection. Two main issues have been considered. Firstly, in the context of Article 27(3)b of the TRIPS Agreement, the question of plant variety protection has given rise to proposals for the protection of farmers’ rights besides the rights granted to patent holders and com- mercial plant breeders. 21 While an international definition of farmers’ rights remains elusive at the international
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The International League for Human Rights: The Strategy of a Human Rights NGO

The International League for Human Rights: The Strategy of a Human Rights NGO

"A creative association acting in conformity with the laws of the state," the purposes of the Committee were specified as including assistance to state author[r]

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I. Human Rights as Politics. II. Human Rights as Idolatry

I. Human Rights as Politics. II. Human Rights as Idolatry

of course. All human rights activism in the modern world properly traces its origins back to the campaigns to abolish the slave-trade and then slavery itself. 13 But the catastrophe of European war and genocide gave impetus to the ideal of moral intervention beyond national borders and to the moral proposition that a network of international activists could pressure and shame their own states into intervening in delin- quent states in the name of universal values. Thanks to human rights advocacy international politics has been democratized, and the pressure that human rights advocates can bring to bear on state actors—witness the campaigns on behalf of Soviet Jewry, or the international struggle against apartheid—has forced most states to accept that their foreign policy must at least pay rhetorical attention to values, as well as inter- ests. Indeed, human rights considerations are now increasingly used to make the claim that in cases where values point one way and interests the other, values should trump. The United Nations system itself is be- ginning to rešect this new reality. Until the 1960s, UN bodies were wary of criticizing the human rights behavior of member states. 14 The apartheid regime of South Africa was the Šrst exception, and after this breach in the wall there came others: the denunciation of the Greek junta in the 1970s, and the critique of repression in the Eastern bloc in the 1980s. After forty years of deference toward the sovereignty of states, the United Nations decided in the 1990s to create its own cadre of human rights activists under the leadership of the High Commis- sioner for Human Rights. 15 The commissioner’s ofŠce still lacks Šnan- cial resources and real support from UN member states, and the commissioner only has the power to name and shame defaulting gov- ernments. Still, every time a state is denounced for its human rights record, it becomes harder for it to secure international loans or political and military help when it is in danger. Naming and shaming for human rights abuses now have real consequences.
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Discussing "human rights" : an anthropological exposition on "human rights" discourse

Discussing "human rights" : an anthropological exposition on "human rights" discourse

(as opposed to the study of peoples and cultures of the past), can contribute in manners that are precise and with feelings about current topics of incalculable importance to the development, evolution, and improvement of a 'universally' acceptable doctrine of "Human Rights". The opinions of anthropologists concerned with "Human Rights", wherever they stand in the "relativism "/ "universalism" debate,1 °4 should be of great interest to those involved in international political and "Human Rights" discourse because of the intense and hands-on research methods routinely employed by anthropologists in studying contemporary societies -especially those of the developing world. It is these very societies, international policy makers swear they are interested in giving an increasing voice to, that are most thoroughly researched and best known to anthropologists, who have a history of studying peoples rarely studied. As Theodore E. Downing and Gilbert Kushner write in the "Introduction" to Human Rights and Anthropology : "A nthropologists' concern for precise reporting, replicating observations, preserving linguistic and conceptual clarity and reducing observer bias provides an alternative -if not more accurate- view on the human condition than that obtained from
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Human rights: human lives

Human rights: human lives

It might not be a breach of a person’s right to education if the state does not provide a particular kind of teaching. But if the state provides it for boys but not for girls, or for people who speak only a particular language but not another, this could be discrimination in relation to the right to education. If this were the case, the people affected would rely on their rights under Article 14  (non­discrimination) taken with Protocol 1, Article 2 (education). It is unlikely to be a breach of the right to respect for your property for the state to impose a particular kind of tax – Protocol 1, Article 1 specifically preserves the state’s right to assess and collect tax. But if the state taxes some people but not others in the same situation, then it might be a breach of Article 14 in relation to the right to respect for property. If this were the case, the people affected would rely on their rights under Article 14 (non­discrimination) taken with Protocol 1, Article 1 (property). Article 14 has been successfully invoked under the Human Rights Act on behalf of a gay couple who wished to be treated in the same way as a
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INTRODUCTION: LABOUR RIGHTS, HUMAN RIGHTS

INTRODUCTION: LABOUR RIGHTS, HUMAN RIGHTS

A historical perspective is essential to understanding how it came to be that such significant instruments — and especially Convention No. 87 — were adopted. Harold Dunning, formerly Chief of Workers’ Relations in the ILO, explains the long and difficult path that led to the adoption of that Convention, and what it means for workers. “It would be all but impossible to find any trade union office in the world where Convention No. 87 is not only well known but also held in high esteem.” While the Convention pro- vides for the rights of employers as well as workers, it has proven to be of crucial importance to workers and the development of their organizations. The earliest attempts of workers to join together for their own protection may be as old as civilization itself, but the recent story starts with the indus- trial revolution in 18th century western Europe. It was a long struggle and success was not assured. Many were involved. “The expression of concern by ... politicians, industrialists, academics and philanthropists at the social effects of industrial development on workers and their families, and on soci- ety as a whole ... laid the intellectual foundations of the ILO, a century or more before the edifice was built.” And of course, worker solidarity matters. A key step was the development of international links in the latter part of the 19th century, soon followed by the creation of international associations. Of special value here, the political debates and controversies are summarized, and that helps us understand the translation of lofty ideals into the protection that international labour law affords.
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China’s Approach to Human Rights and the UN Human Rights Agenda

China’s Approach to Human Rights and the UN Human Rights Agenda

There is an apprehension in the democratic world about the possible impact of the economic rise of China on the UN human rights agenda. Although Communist China has embraced capitalism by liberalising its economy, by joining the WTO and by recognising private entrepreneurship and the right to private property, it has not been an enthusiastic partner when it comes to promoting and protecting human rights. China has supported the idea of the so-called ‘Asian values’ or cultural and political relativism as well as promoting the idea of a ‘China Model of Democracy’ which seeks to support economic growth at the expense of civil and political rights. This article examines China’s approach to human rights both within and outside of the UN and whether China’s rise as a major economic power poses a threat or offers an opportunity to the international human rights system led by the UN. In doing so, it considers how China is changing in terms of its approach to the rule of law, democracy and human rights and why it needs to become a willing and enthusiastic player within the UN system to promote and protect human rights.
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Human rights education : educating about, through and for human rights

Human rights education : educating about, through and for human rights

If these findings are analysed using the framework of HRE provided by Article 2(2) of UNDHRET, it becomes apparent that in the absence of relevant personal knowledge concerning the human rights regime and protection mechanisms, teachers in Ireland cannot be educating about human rights in any systematic or detailed way. Additionally, and once again comparable to the Scottish position, whilst education both through and for human rights is shown to be fostered in classrooms, the provision of each remains limited. The Commission identifies, for example, that teachers in Ireland need more support and training in the facilitation and fostering of rights respecting learning environments, in accordance with education through human rights. 109 They also advise that whilst pupil councils are a common means of encouraging active participation, in the spirit of education for human rights, school council activity is unlikely to involve express reference to, or engagement with, human rights language or concepts. 110
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Human Rights and State "Sovereignty"

Human Rights and State "Sovereignty"

But there is resistance to international law and enforcement, cries of "sovereignty," even by countries that respect human rights and have effective national s[r]

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Rights of Transgender/Transsexual and International Human Rights'

Rights of Transgender/Transsexual and International Human Rights'

The transgender population of the world is emerging, and in doing so, faces grave misunderstanding, prejudice and injustice on a daily basis. In the absence of recognition as a distinct and equal subset of humanity, transgender people do not receive equal protection under common law or human rights. Many instances can be referenced where transgender people were afforded neither equal rights nor freedoms, and have been subjected to atrocious and inhumane treatment at the hands of law makers and society at large. Due to their perceived gender identity these sexual minority are considered as criminal class and it is fact that no society wants to include criminals in mainstream. Law demands clear status of identity which play central role to get exact location in the eyes of law. Unclear sex and gender of persons is making their life inhuman because they have hardly any status in the eyes of human rights law. Here we will discuss various provisions of human rights which are grossly violated with respect to third sex and further grounds of discrimination.
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Human Rights and Social Development in the Chinese White Papers on Human Rights

Human Rights and Social Development in the Chinese White Papers on Human Rights

The 2004 WP on Human Rights was followed in 2005 by a very similar WP. The 2005 WP on China’s Progress in Human Rights in 2004 (IOSC 2005a) had the same structure, the same purpose as the previous WP dated 2004. Both the WPs firstly underlined the traditional relevance of the Right to Subsistence and Development whose achievement is demonstrated as usual through economic indicators (both the WPs referring to the overall living conditions, the basic needs of clothing and housing and the general health of Chinese people, and so on); both specifically mentioned the ‘Civil and Political Rights’ in their second paragraph; both considered Civil and Political Rights as Citizens’ Rights more than Human Rights. Furthermore, the 2005 WP described the enforcement process of human rights (‘citizens’ legal rights according to law’) through the judicial reforms aimed at strengthening the rule of law. Indeed, the fourth paragraph was dedicated to Economic, Social and Cultural Rights, and the following ones were dedicated to the special protection for ethnic minorities, the rights and interests of the disabled, international exchanges and cooperation in the field of Human Rights. On the other hand, the 2005 WP did not dedicate a specific paragraph to women’s and children’s rights. However a specific WP on Gender Equality and Women’s Development in China was issued later in the same year, 2005.
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National Human Rights Commission - Online Media. *Human Rights News*

National Human Rights Commission - Online Media. *Human Rights News*

There is cause for fear in these developments. There are many examples in history which tell us that in such situations, rulers start insisting on immediate measures, most of which have adverse impacts. This is happening at the moment. During this period, 91 countries imposed various restrictions on the mainstream or social media. In September 2020, a Freedom House survey showed grave human rights violations by the State and a severe assault on the democratic system in many nations. If this trend holds in this decade, then many values established in the post-World War II era may become things of the past. This will prove fatal for democracy. There is another fact which needs attention. Human civilisation has always discovered new light in the darkest days of crisis. With this hope, let us welcome this new decade.
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The Human Rights Commission of Ethiopia:Challenges and Prospects in Promoting and Protecting Human Rights

The Human Rights Commission of Ethiopia:Challenges and Prospects in Promoting and Protecting Human Rights

Some literature used promotion and protection of human rights interchangeably. But the two concepts are different and this section explains these concepts. Seble in her MA thesis (2011) described that promoting human rights, which primarily possible through the media is a vital means to ensure their protection and respect. The media is playing an indispensable role in disseminating any type of relevant information as to the task of promoting human rights. And that is why many of the beliefs of people are believed to be the result of the mainstream media; some say this as the power of the ‘age of information. To this extent the promotion task of human rights is possible through awareness creation programs by the UN, publications, sanctions and others implemented not only by the UN but also those states who signed the UN charter, including Ethiopia. Since these countries are formally pledged themselves to promote and protect these right without any distinction as to race, sex, language, religion or other status.
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Communication Rights as Human Rights for instance in Thailand*

Communication Rights as Human Rights for instance in Thailand*

Initially in 1997 the Thai Rak Thai (TRT) party was welcomed as a popular alternative to the traditional parties. It “was the first political party in Thai history to be drafted by the people and the first party to declare from its inception an official platform, a political agenda and a formal list of candidates” (Taveesin & Brown, 2006, pp. 61-62). However, the TRT party soon revealed its true colours. The financial backers was a group of economic powers with close ties to Mr. Thaksin and his family: the Shin Corporation, the Shinawatra Group, the TT&T telecommunications Group, BEC-TERO Entertainment (the producer of Channel 3), Sony Music BMG, Thaiticketmaster.com, Virgin, and Radio Thailand. The Telecom Asia (TA) Company, which has become True Corporation since, is a subsidiary of the CP Group. Apart from telecommunication interests, TA also had a joint venture with the Mass Communication Organisation of Thailand through UBC cable TV. Furthermore, there are also the Thai Charoen Commercial Group and Quality Products Co., and the Summit Autopart Group (Siriyuvasak, 2004). The new 1997 Constitution expects politicians to declare their bank accounts and asset holdings. Politicians are not permitted to possess more than 5% of the share in a company. It appeared that Thaksin’s domestic servants held shares worth one million Bahts in his companies, but no money actually changed hands through share transfers. It was believed that he transferred the shares to people close to him so that it would appear to the law that he had no legal rights in the shares anymore while he still could exert his power over the shares (Siriyuvasak, 2004).
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Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights

Reasons for the Construction of a Legal Theory of Social Rights as Fundamental Rights

These rather topical dimensions undoubtedly refer to the identification of social rights as benefit rights, where the content that would identify them would be a “benefit or a right to something” that can be claimed only before the State. In this sense, a certain majority sector of the academy (COSSIO1989: 45-46) has manifested that this benefit character has become a relevant and decisive factor to differentiate civil and political rights from social rights, i.e., such dissimilarity is promoted by the compulsory character that corresponds to each right 6 ; social rights have a character of benefit and civil and political rights have a character of abstention. Freedoms create a kind of simple legal relationship where individuals know perfectly what their reciprocal rights and duties are about, whereas these other rights require a prior network of organizational rules –by the way, lacking in enforceability– which in turn generate a multiplicity of legal obligations of different subjects (PRIETO 1995: 19). This description has resulted in different treatment of social rights, not only caused by the absence of provision by the State but also by an inefficient and inadequate provision of the right in question.
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Human Rights: Human Lives

Human Rights: Human Lives

Mr Godin-Mendoza shared a flat with his same-sex partner, who was the tenant. When the tenant died the landlord claimed possession. The county court judge ruled that Mr Godin-Mendoza could not succeed to the tenancy of the flat as a surviving spouse under the Rent Act 1977. He could succeed to an assured tenancy as a member of the original tenant’s family – but this was a less advantageous status. The Court of Appeal overturned this decision in Mr Godin-Mendoza’s favour, and the landlord appealed. The House of Lords (in its judicial capacity, and at the time the highest UK court) held that the interpretation of the Rent Act concerned the right to respect for a person’s home guaranteed by Article 8 and must not be discriminatory; it must not distinguish on the grounds of sexual orientation unless this could be justified. In this case, the distinction had no legitimate aim and was made without good reason – the social policy considerations that were relevant to spouses should also apply to same-sex couples. The difference of treatment infringed Article 14 read in conjunction with Article 8. The court used its interpretative powers under the Human Rights Act to allow the Rent Act to be read in a way that complied with Convention rights – that
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Human rights in Saudi Arabia and the influence of the UN human rights system : the example of women's rights

Human rights in Saudi Arabia and the influence of the UN human rights system : the example of women's rights

The Kingdom of Saudi Arabia, as a member of the international community and a founding member of some international and regional organizations, has been exposed to, and affected by, events, measures, changes and developments taking place in the international arena. Since the establishment of the UN in 1945, Saudi Arabia has participated in drafting and deliberating upon international resolutions and in their subsequent adoption, and in formulating declarations and conventions that constitute what are now known generally as international human rights standards. However, Saudi Arabia’s engagement in UN human rights activities has increased notably since the early 1990s. The 1990s has seen unprecedented steps taken by Saudi Arabia towards greater engagement in. the UN human rights system, such as attending the annual sessions of the UN Commission on Human Rights (UNCHR), committing to participate in, and cooperate with, the UN human rights mechanisms, and responding to inquiries made by instrumentalities of the UN human rights system. Furthermore, out of the six principal UN human rights treaties, between 1996 to 2000 Saudi Arabia ratified four treaties; the Convention on the Rights of the Child (CRC), the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT), the Convention on the Elimination of all Forms of Racial Discrimination (CERD), and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Such ratifications came in response to various forms of internal and external influence, pressure and criticism of the Kingdom’s human rights practices. Saudi Arabia also has shown an interest in engaging further in the activities of the UN human rights system by nominating itself for membership in the UNCHR. Since winning a seat among states members of the UNHRC in the 2000 election, Saudi Arabia was able to retain its seat in the 2003 and 2006 elections. The engagement of Saudi Arabia in the UN human rights system represents a formal gesture of recognition and could be seen as evidence of its willingness to accept accountability by the international human rights regime.
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