While there is an impetus from international organizations to create a human right to water, this paper will not focus on the international legal recognition of such a right. Instead, this paper explores the ways in which individual states are shaping this right in domestic law. It will demonstrate that a human rights framework is not an appropriate vehicle for managing natural resources or expanding water supply to those in need by examining both the derivative and independent human right approaches. The discussion of each approach will contain an analysis of the legal foundation of that human right, a definition of the substance of the right, and a case study where the right has been recognized in that manner. To provide a broad overview of the topic, this paper will refer to statistics on global water usage and the cost of providing water as well as aspects of water rights regimes in countries including Botswana, South Africa, India, Bolivia, Canada, and the United States.
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Between May 2012 and September 2013 the European Citizens’ Initiative (ECI) ‘Water and Sanitation are a Human Right’ successfully collected close to 1.9 million signatures across the European Union (EU), forcing the Commission into an official position on the role of water in the EU and wider world. Based on a historical materialist approach to social movement struggles, the purpose of this article is threefold. First it will analyse the reasons for why the ECI, initiated and co-ordinated by the European Federation of Public Service Unions (EPSU), was so successful. Second, the article will assess the impact of the ECI on EU policy-making. Finally, the article will reflect on the wider lessons to be learned for the struggle against neo-liberal restructuring. It will be argued that a combined focus on the commons as well as new forms of participatory democracy may provide the basis for a broader transformative project.
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It should also be noted, that many have dealt with the issue o f the water conflict between the Israelis and the Palestinians, particularly from the approach of international law and environmental law. However, little, if any, research, to my knowledge, has been conducted or published assessing the water crisis from a human rights perspective. Consequently, I do not address questions of international law and international relations, such as the international water law and state practice regarding boundaries and aquifers or questions o f water conflict in the region, as many authors have dealt with these issues.505 Rather, I wish to enhance the debate by focusing on the micro-level; the local; the ‘on-the-ground’ reality o f the water crisis. This study of the enjoyment or lack o f enjoyment o f a human right to water will emphasize the unique benefits, in terms of potential empowerment, of the state-individual relationship o f human rights law, as oppose to state-state mechanisms. I firmly believe in the validity o f an international law and environmental law approach as having its place in resolution of the overall Israeli-Palestinian conflict and in its merits for finding a solution to the water crisis at the regional level and within the realm of international relations and significantly, in terms o f sustainable management o f the joint aquifers and regional water sources. However, a human rights approach to the water crisis can give the Palestinians agency within the interim period, until the
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“Of all the social and natural crises we humans face, the water crisis is the one that lies at the heart of our survival and that of planet Earth…No region will be spared from the impact of this crisis which touches every facet of life, from the health of children to the ability of nations to secure food for their citizens…Water supplies are falling while the demand is dramatically growing at an unsustainable rate. Over the next twenty years, the average supply of water worldwide per person is expected to drop by one-third” (UN, 2003: 4). Brown (2013) claimed that the real future threat is not “peak oil” but “peak water.” The Deputy Secretary- General of WHO/UNICEF Joint Monitoring Programme Jan Eliasson said that “water and sanitation are fundamental to human development and well-being. They are not just goals in their own right but also critical to the achievement of other development objectives such as adequate nutrition, gender inequality, education and the eradication of poverty” (UNICEF & WHO 2015: Forward). In 2016, the UN member states committed to ensuring the SDG 6 by 2030. The member countries have explicitly emphasised on the commitment to ensure human right to water and sanitation (UNGA, 2015: 18). They have also urged private participation not to suspend human rights to water under the norms of transnational corporate responsibility. The Sustainable Development Goals Report 2018 estimated that in 2015, 29 percent of the global population lacked safely managed drinking water supplies whereas 484 million lived in conflict prone situations. The report highlights that “access to fresh water, in sufficient quantity and quality, is also a prerequisite to achieving many dimensions of sustainable development, including health, food security and poverty
Rights are interpreted variously as constraints designed to protect the citizens from arbitrary exercise of power by the state, as rules for allocation of domains of freedom, as principles to further the interests of citizens or simply as morally recognisable claims. 3 Sen (2004) points out that human rights are essentially ethical demands and that the appeal of considering something to be a human right is that it is inherent and a person can make a claim merely by virtue of being a human, without recourse to any speciﬁc law. On the question whether economic and social rights can be included among human rights, Sen (2004) points out that: ‘ . . . Human rights can include signiﬁcant and inﬂuenceable economic and social freedoms. If they cannot be realised because of inadequate institutionalisation, then, to work for institutional expansion or reform can be a part of the obligations generated by the recognition of these rights. The current unrealisability of any accepted human right, which can be promoted through institutional or political change, does not, by itself, convert that claim into a non-right.’
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0n 3 September 1838, a young man left Baltimore bound for New York City. For most people, this would be a rather tedious journey, but the man in question was Frederick Douglass and he was a fugitive slave. 61 Unlike many slaves, Douglass’ escape was not physically arduous, but psychologically more demanding. He was assisted in his escape by his fiancé and by fraudulent papers supplied by a retired black seaman. These papers allowed him to travel by train and ferry. At several times, he was almost identified by persons whom he knew. Indeed, he believed that one German blacksmith did recognize him, but decided not to turn him into the authorities. He arrived in New York City, far from home and with little means, but would go on to become one of the greatest citizens of the United States. 62 Like some tens of thousands of slaves, he found slavery irreconcilable with the life he wished to lead and so he fled. 63 It is hard to overstate the risk of escaping slavery in the antebellum South. If caught, the most common punishment was to be lashed, but slaves often found themselves imprisoned, chained, deprived of water, and in certain cases mutilated, such as having their ears cut off. 64 Moses Roper, for example, received 500 lashes on his third attempt at escape. 65 It could have possibly meant being sold to a
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Nothing is free in this free world. As public good is concerned, water is often termed as a ‘common good’ instead of a public good. In economics, water is an economic good and not a free good. To a layman, water is his/her basic human right and it cannot be deprived at any cost. This paper reviews some debates regarding rights to water in Phiri in the post-apartheid South Africa. In this brief review, I find on one side, the international trends towards cost-recovery and commercialization of water through privatization, or corporatization, or governmental policy, and other hand, the struggles of poor households to this social injustice. The main debate heads towards two synonymous words ‘sustainable development’ (social welfare without negative impact on future generations) and ‘social justice’ (social welfare at current age). The main theme of this water battle is the installation of prepaid water meters that lead to the constitutional challenge of the basic human right of the masses.
The Council of Europe should consider a limited number of situations related to the crime, only to apply the death penalty to provide safety and protection to other members of society who have not violated the right to life of those around them. It should be noted, however, that the application of capital punishment, the courts should distinguish between murder and treason or murder and other offences from which folds, for example, on the principle established by the law of retaliation and the enforcement of which the death penalty is unfounded, the facts are not so severe as to justify this. For example, theft or murder through negligence should not be again with capital punishment, but premeditated murder.
To break out of this vicious cycle, individual govern- ments and the international community must fulfill their obligations under international human rights law. Governments must take action to eliminate barriers that impede the availability of pain treatment medications. They must develop policies on pain management and palliative care; introduce instruction for healthcare workers, including for those already practicing; reform regulations that unnecessarily impede the accessibility of pain medications; and take action to ensure their afford- ability. While this is a considerable task, various coun- tries, such as Uganda and Vietnam, have shown that such a comprehensive approach is feasible in low and middle-income countries. Other nations must learn from these experiences and work towards the realization of full access to pain relief medicines.
World War, the court of Normburgh adopted this attitude when Germany invaded Norway and Denmark ( 75 ) . This attitude has become a fixed International rule and the States used this right in the proactive war by attacking the troops of another State, claiming they threaten their existence (happened more than 250 times) ( 76 ) . After some States were exposed to mass destruction due to the 2 nd World Was, which resulted in the death of millions of people ( 77 ) , the UN Charter prohibited the State use the force in the International relations. But the UN Charter authorized the State to use their force in a situation where the State is exposed to external aggression ( 78 ) , to defend itself and its existence ( 79 ) . The Security Council has the right to observe that to keep International peace and security, and to take – when necessary- the procedures Stated in chapter seven of the Declaration (against the attacking country ( 80 ) . The International law gave the State (individuals and groups) the right to resist colonialism and discrimination, the new colonialism and to end occupation and domination. This right is necessary for the State's right to stay ( 81 ) . Furthermore, the Arab League conducted an agreement for mutual Arab Defense and Economic Cooperation, where the Arab countries are committed to defend the attacked Arab State. Although the UN Declaration did not consider the urgent State for the right to stay, but the strong States use the proactive as a means to defend its existence prior to being exposed or subjected to a real attack, and thus it allowed itself to attack the troops of another State based on the rule (the urgent necessity) once it believes that there is a nearing attack against it . ( 82 ) Just in case there is a suspicion that there are armed organizations on the lands of another, it justifies for itself a reasons to attack those organizations without a permission from the State ( 83 ) . This is really what happened when the US and other States hit various locations, during the International campaign that was called the
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Wellcome Department of Cognitive Neurology, London, UK). Preprocessing included slice time correction, mo- tion correction (using a six-parameter, rigid body trans- formation algorithm by SPM5), normalization to the Montreal Neurological Institute (MNI) template (resam- pling at 3-mm isotropic resolution), and spatial smooth- ing (at a 6-mm isotropic Gaussian kernel). Statistical analysis relied on a general linear model. Analyses were performed for each individual and for the group. For group analyses, voxel-wise paired t tests were performed using FWE (Familywise Error)-corrected thresholds com- bined with a cluster-size threshold of 5 voxels. We evaluated the whole brain and the ROI to contrast the brain areas. For each subject, a composite image con- trasting the mean of the four emotion (relaxed, pleasant, human, and unpleasant) blocks with the mean of all of the neutral blocks was made for twelve anatomical ROIs. The twelve images from all 33 subjects were then aver- aged to create an overall group image and were used to locate the maximum positive correlation peak for the anatomical ROIs. We conducted the simple linear regres- sion analysis to abstract the relationship between the mean % signal change from fMRI and the personality stability.
world wide, the market work share of male is greater than female and the care work share is higher for female. Due to this the accessability of money was less for female and that creates a lot of atrocities against women. The only solution is to increase economic dependency for that it is needed to reduce RT. Avoiding RT will adversely affect labour supply in future and hence the total welfare. Whatever reduction of RT will have its adverse impact of their kid up to the age of three. Hence these time period mothers presence(natural parent) is a must. In the present world, human asset is considered to be the most valuable asset, the major producer and developer of this human asset, female should get adequate protection and care during their pregnancy and minimum three years after delivery. The child is an asset for the entire society, hence, the time devoted by each and every mother should be considered to be an asset creation time, need to be identified by the society. It should not be the responsibility of the father to look after the mother and child, but it is the duty of the society to assure a safe and healthy reproduction of the human asset. This has an important role to play in gender dimension.
29. Again, institutions both inside and outside the journalistic profession assert the importance of the norm that protects confidentiality of reporters’ sources. See Goodwin v. United Kingdom, App. No. 17488/90, 22 Eur. H.R. Rep. 123, 145-46 (1996); Prosecutor v. Brdjanin, Case No. IT-99-36-AR73.9, Decision on Interlocutory Appeal, ¶¶ 35, 50 (Dec. 11, 2002) (holding that a war correspondent must reveal his source only if the evidence sought is of direct and important value in determining a core issue in the case and that it cannot reasonably be obtained elsewhere); 1998 Report of the Special Rapporteur, supra note 27, ¶ 17 (“Without such protection for both journalists and sources, the media’s access to infor- mation and their ability to communicate that information to the public are likely to be compromised.”); Council of Eur., Comm. of Ministers, Fourth Eur. Ministerial Conf. on Mass Media Policy, Journalistic Freedoms and Human Rights, Res. No. 2, princ. 3 (1994), available at http://www.coe.int/T/E/Com/Files/Events/2002-09-Media/ConfMedia1994.asp (declaring that protecting confidentiality of sources “enables journalism to contribute to the maintenance and development of genuine democracy”); Council of Eur., Comm. of Min- isters, Recommendation on the Right of Journalists Not to Disclose Their Sources of Infor- mation, No. R (2000) 7, 701th Mtg, pmbl. (Mar. 8, 2000) (“[T]he protection of journalists’ sources of information constitutes a basic condition for journalistic work and freedom as well as for the freedom of the media.”); Inter-American Declaration of Principles on Free- dom of Expression, supra note 10, at princ. 8 (“Every social communicator has the right to keep his/her source of information, notes, personal and professional archives confiden- tial.”); P RACTICAL G UIDE FOR J OURNALISTS , supra note 21, at 15-17 (reproducing the Mu- nich Charter); Nina Kraut, A Critical Analysis of One Aspect of Randal in Light of Interna- tional, European, and American Human Rights Conventions and Case Law, 35 C OLUM . H UM . R TS . L. R EV . 337, 341-43 (2004) (arguing that the principles in Brdjanin apply to all
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The landmark illustration is of Nikita Mehta. The court rejected her plea for abortion of her 24 week old fetus when the doctors said the child suffers from a congenital heart blockage and misplacement of arteries. But how fair it is to born a child needs a pacemaker to survive right from the time of birth. Isn't this contrary to the clause which allows abortion when it sure the fetus suffers from some disability? The surgery of the child would take a more than a lakh and Nikita Mehta is a middle class lady. Did the court think how she pays? Or the Govt. will pay for her or the judge who gave such a senseless decision will pay? Looking into abortions laws of different countries like Canada, Korea, china, Germany, France and several European countries, we can conclude that Indian law is a bit stringent. Canada does not interfere into this matter leaving everything upon the women and her physician. Korea permits it till 24 weeks and The Abortion Act of UK permits abortion till 24 weeks but there is no upper limit if pregnancy poses a threat to a woman's life of it the fetus is likely to be born with severe physical or mental deformity. But India has chosen a middle path and a balanced law as usual copying certain provisions from different abortion legislation of the world! There is no reason as to why India is not ready to increase the time frame to 28th weeks or removing the time frame.
Is the law sufficiently precise and its consequences, reasonably foreseeable? Although the law had to be “sufficiently clear” to give the public an adequate indication as to the circumstances in which and the conditions on which the public authorities are empowered to resort to the interference with this right(Leander v Sweden EHRR, 1987), it was not necessary that the public should know the precise criteria by which information was stored and released (Greer, 1997, p.12). However, since the provisions of the Terrorism and Financial Crimes Law “does not indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities”, “the minimum degree of legal protection to which citizens are entitled under the rule of law in a democratic society is lacking”(para 79). The interference complained of lacked foreseeability and was, consequently, not “in accordance with the law” ” (para 87).
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In what sense is a right according to which the rights holders are not all human beings but only some, for example, children, truly a human right? The UDHR states, in Article 1, that “[a]ll human beings . . . . [S]hould act towards one another in a spirit of brotherhood.” 10 As the concept human right is understood both in the UDHR and in all the various international human rights treaties that have followed in the UDHR’s wake, a right is a human right, even if according to the right the rights holders are not all but only some human beings, if the rationale for establishing and protecting the right, for example, as a treaty-based right, is, in part, that conduct that violates the right violates the imperative to “act towards all human beings in a spirit of brotherhood.” Each of the human rights articulated in the UDHR or in one or more international human rights treaties, for example, the right, articulated in Article 5 of the UDHR and elsewhere, not to be subjected to “cruel, inhuman or degrading treatment or punishment,” 11 is a specification of what, in conjunction with other considerations, the imperative is thought to forbid or to require, which imperative serves as the normative ground of human rights. More about that in the next Part. The rationale for Article 38 of the CRC is, in part, that conduct that violates Article 38 fails to act “in a spirit of brotherhood” toward some human beings: children.
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Since the beginning of its existence, the United Kingdom’s divine and natural law traditions embodied God’s sacred standard. That standard requires us not to assist in the killing of human life He created. Discerning the truth of this ancient, inviolable benchmark, the common and statutory law of Britain reflected its moral reference point and prohibited assisted suicide. In the name of progress, Purdy and its pro-suicide progeny reject the inviolable standard underlying current statutory proscriptions against assisted killing. Instead, Purdy and its progeny take the United Kingdom down the morally-relative road of legal positivism. The grave implications for a nation that accompany such a choice are historically clear and profoundly frightening. C.S. Lewis noted,
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which defines the legal framework of the Panchayati Raj Institutions in India, has close link with the rights based approach to development, as it makes participation a right which in itself politicizes economic and social rights. This empowers the citizens in the remotest rural areas in the key process of decision making by enacting policies at the local level on how to distribute economic and social resources. The linkages of human rights, development and democracy within the local context of the law, policy and practice, become crucial factors to examine while assessing the elements of internationally recognized human rights based approach to development, within the mandate of the Panchayati Raj Institutions. The Panchayati Raj system empowers and enables the rights holding citizens to use their reasoned agency and to advance their rights to carve out a life they value. The Office of the High Commissioner on Human Rights lays emphasis on the rights based approach to development by stressing on the rights based empowerment of the poor in its ‘Conceptual Framework on Human Rights and Poverty Reduction’, which states that a major contribution of a human rights approach to poverty reduction is the empowerment of poor people, expanding their freedom of choice and action to structure their own lives. Human rights empower individuals and communities by granting them entitlements that give rise to legal obligations on others. (Hunt, Nowak and Osmani, 2004). Empowerment of the individuals and communities according to a human rights based approach is one of the salient determinants of development. This understanding of development places pre-eminence on human rights, existing within a participatory democratic framework where the voices of the poor are heard and respected.
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The importance that the right to privacy has for individuals is evidenced in the manner in which the right continues to expand and evolves to adapt to society’s needs. The legal definition as well as the contours of what the individual right to privacy encompasses is still and will continue developing as society advances and as technology provides new ways in which individual privacy is affected. The advent of new technologies capable of easily infringing our private affairs has forced us to recognise the pressing need to establish with clarity what level of protection we can expect from governments with respect to our right to privacy. The technologies and ease of communication in today’s world have helped individuals recognise that the concept of privacy is more than an abstract notion, and that we must actively seek its protection in order to enjoy the type of freedom that society strives to reach.
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pornography, porn, obscenity, sexual exploitation, human rights, U.S. Supreme Court, U.S. Constitution, First Amendment, Miller v. California, Paris Adult Theatre v. Slaton, Smith v. United States, Pope v. Illinois, Jacobellis v. Ohio, Justice Potter Stewart, Les Amants, Ira Isaacs, Paul Cambria, Department of Justice, law, freedom of speech, federal, state, cases, Miller Test, LAPS Test, “prurient interest, ” “patently offensive, ” “lacks serious value, ” “public health crisis of pornography”