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Securing Dignity and Freedom Through Human Rights

Author: Janelle M. Diller

Publisher: Martinus Nijhoff Publishers

Published: 2011-12-09

Total Pages: 245

ISBN-13: 9004209395

The Universal Declaration of Human Rights establishes that everyone’s dignity and freedom to develop as a person are secured through economic, social and cultural rights. This volume examines the origins of the article of the Declaration that introduced the purpose of economic, social and cultural rights in this way and recognized that every member of society is entitled to their realization through national effort and international cooperation. The article’s concepts have been the subject of significant articulation and interpretation. Accordingly, the book analyzes the meaning and application of economic, social and cultural rights and the nature of the related obligations developed in the International Covenant on Economic, Social, and Cultural Rights and other international instruments. The book also explores the contribution of the article's legal concepts to philosophical theories of social justice and increasingly to the practice expected of States, individually and in cooperation with international organizations and non-state actors in development and other activities. This volume should provide a convenient tool for human rights advocates, practitioners, lawyers, scholars, and others involved with and interested in the role of human rights in seeking economic, social and cultural security for all.

Securing Dignity and Freedom Through Human Rights

Author: Janelle Marie Diller

Publisher:

Published: 2019

Total Pages: 0

ISBN-13:

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The idea that economic, social and cultural (ESC) rights are indispensable for human dignity and freedom first received recognition at the international level in article 22 of the Universal Declaration of Human Rights. By resort to drafting history, textual interpretation and subsequent implementation, this book explores the role and scope of this lesser-known article and its impact within international law and practice. It highlights the importance of the theoretical and practical origins of ESC rights and their relevance to the impact of activities among States, international organisations, and transnational business. Its conclusions address the potential for improved coherence in applying core ESC rights across various State reporting systems and human rights indicators, and for effective recognition of the responsibility of international organisations and multinational business in cases of harm attributable to them. The theoretical construct of ESC rights introduced by article 22 extends beyond mere assets and material comforts. The article conceives of ESC rights as the fruits of properly ordered relationships between the individual, the community, and the State. It shapes these relationships in positive concepts of equality and development of the personality, and freedom as inherent in each human being. The drafting history confirms that the recognition of the right of everyone to “social security” was intended broadly as human security and well-being. Regrettably, the broad reference is often confused with the right to security in the event of life contingencies addressed in article 25 of the Declaration. The book demonstrates the continuing relevance of ESC human rights within the international legal system in theory and practice, drawing on legal and political philosophy and dynamic interpretation of subsequent human rights treaties and other instruments. The “entitlement” of all to the core of “indispensable” ESC rights, enumerated in articles 23-27, is to be realized through article 22's twin means of “national effort and international cooperation” expected of States under their UN Charter obligations. The practice of the UN and its specialized agencies evidences the evolving scope of application of these twin duties at national and international level in such contexts as humanitarian assistance, sustainable development, and transnational business activities. Rather than limiting action, the concept of “the organization and resources of each State”, invokes the basis for shared responsibility among the State, non-state actors, and the international community to realize the article's visionary aims. The UN Library features the book among its recommended Research Guides to the Universal Declaration.

The Universal Declaration of Human Rights

Author:

Publisher:

Published: 1978

Total Pages: 32

ISBN-13:

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Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Securing Dignity and Freedom through Human Rights

Author: Janelle M. Diller

Publisher: Martinus Nijhoff Publishers

Published: 2011-12-09

Total Pages: 244

ISBN-13: 9004224947

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The Universal Declaration of Human Rights recognizes that social and economic welfare is essential for human dignity, freedom to develop as a person, and ultimately “social security” in the broad sense of social justice. This study examines the text, context, and origins of article 22 which establish an entitlement to the economic, social and cultural (ESC) rights indispensable for wellbeing. By using legal rights to define socially just conduct that secures human dignity, article 22 reorients philosophical approaches to the conception and processes of social justice. The individual, the community and the State are collaboratively engaged in the realization of ESC rights, through national effort and international cooperation. ESC rights must be implemented as a whole, not selectively; this approach serves a functional purpose as well since, in operation, the rights are largely interdependent. The study analyzes the current tendency to fragment the pursuit of ESC rights into selective and uncoordinated initiatives, and proposes adjustments to the theory and practice governing the responsibility and conduct of States, international organizations, the business sector, and other private actors. The legal principles rooted in article 22 create a vital connection between human rights and development that reshapes development cooperation, in relations between States and in multilateral efforts like the Millennium Development Goals and policies of international financial institutions. Development success needs to be redefined to include reducing inequality and assisting the most vulnerable and marginalized. Development processes should integrate methods that ensure participation, transparency and accountability. Even so, democratic processes are no guarantee that ESC rights will be taken seriously, nor do they necessarily lead to full elimination of economic and social inequality. Judicial enforcement and solidarity among private actors, and attention to the synergies that realization of one ESC right provides another are equally important to making the entitlement a reality for all. The approach to human rights in article 22 acts as a compass in the pursuit of social justice. Its course to realizing ESC rights reaches beyond mere assets and material comforts, and surpasses quantitative assessments of equality and non-discrimination, critical as these may be. Rather, progress toward social justice through ESC rights is measured by assessing whether the opportunities, resources and freedoms provided to people are sufficient for their full and free development as human beings, individually and as members of society. Article 22 affirms the vision of a just society in which dignity and personal development are secured with ESC rights that offer the chance for well-being to everyone. This book is the third volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a surv...

Economic Dignity

Author: Gene Sperling

Publisher: Penguin

Published: 2021-10-12

Total Pages: 385

ISBN-13: 1984879898

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“Timely and important . . . It should be our North Star for the recovery and beyond.” —Hillary Clinton “Sperling makes a forceful case that only by speaking to matters of the spirit can liberals root their belief in economic justice in people’s deepest aspirations—in their sense of purpose and self-worth.” —The New York Times When Gene Sperling was in charge of coordinating economic policy in the Obama White House, he found himself surprised when serious people in Washington told him that the Obama focus on health care was a distraction because it was “not focused on the economy.” How, he asked, was the fear felt by millions of Americans of being one serious illness away from financial ruin not considered an economic issue? Too often, Sperling found that we measured economic success by metrics like GDP instead of whether the economy was succeeding in lifting up the sense of meaning, purpose, fulfillment, and security of people. In Economic Dignity, Sperling frames the way forward in a time of wrenching change and offers a vision of an economy whose guiding light is the promotion of dignity for all Americans.

Human Dignity and Human Security in Times of Terrorism

Author: Christophe Paulussen

Publisher: Springer Nature

Published: 2019-12-09

Total Pages: 373

ISBN-13: 9462653550

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In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

Human Rights and World Public Order

Author: Myres S. McDougal

Publisher: Oxford University Press, USA

Published: 2018-12-14

Total Pages: 1137

ISBN-13: 0190882638

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In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.

Compasito

Author: Nancy Flowers

Publisher: Council of Europe

Published: 2007-01-01

Total Pages: 320

ISBN-13: 9789287163691

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Living among other people, in their families and communities, children become aware from a very early age of questions related to justice, and they search for the meaning of the world. By fostering an understanding of human rights, shaping opinion and developing attitudes, human rights education strongly supports this natural interest and learning process. This is what human rights education is about and this is what ’Compasito manual on human rights education for children' is for.’Compasito' is a starting point for educators, teachers and trainers who are ready to deal with human rights education with children of 7-13 years. The book covers the key concepts of human rights and children's rights, and provides substantial theoretical background to 13 key human rights issues, such as democracy, citizenship, gender equality, environment, media, poverty, and violence.The 42 practical activities serve to engage and motivate children to recognise human rights issues in their own environment. They help children to develop critical thinking, responsibility and a sense of justice, and help them learn how to take action to contribute to the betterment of their school or community. The manual also gives practical tips on how it can be used in various formal and non-formal educational settings.

Human Dignity and Human Rights

Author: Pablo Gilabert

Publisher: Oxford University Press, USA

Published: 2019-01-22

Total Pages: 362

ISBN-13: 0198827229

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Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.