1,026 results on '"Human Right"'
Search Results
2. Can a human right to good mental health be justified?
- Author
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Bielby, Phil
- Subjects
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MENTAL illness treatment , *MENTAL health , *MENTAL status examination , *MENTAL health services , *COMPASSION , *AT-risk people , *HUMAN rights , *RIGHT to health , *PUBLIC health - Abstract
Can a human right to good mental health be justified? This is an under‐explored question: until recently, rights in relation to mental health have been framed and debated primarily in terms of their relevance to psychosocial disability and mental ill‐health/mental distress. By contrast, in this article, I propose the basis of a normative justification for a population‐wide right to good mental health, focusing in particular on individuals who do not experience mental ill‐health/distress or do not have (or may never have) a psychiatric diagnosis or a psychosocial disability. The article is structured into three parts. First, I will outline the emergence of a population‐wide right to good mental health in mental health discourse, led by recent reports published by the former United Nations Special Rapporteur on the Right to Health, Danius Pūras. I will then go on to explore what we might understand by 'good mental health'. Finally, I will explain how a right to good mental health may be justified, drawing on insights from compassion, 'vulnerable agency', and James Wilson's account of 'a right to public health'. I then respond to feasibility and demandingness concerns about such a right, which together inform the basis of the qualified public health right to good mental health I propose. [ABSTRACT FROM AUTHOR]
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- 2024
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3. Housing Vulnerability Reconsidered: Applications and Implications for Housing Research, Policy and Practice.
- Author
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Zhu, Yushu, Holden, Meg, and Schiff, Rebecca
- Subjects
- *
HOUSING policy , *CAPABILITIES approach (Social sciences) , *SOCIAL policy , *HOUSING , *HOUSEHOLDS - Abstract
Social housing policies in neoliberal contexts have become residualized. The notions of housing vulnerability and vulnerable populations emerged as a new organizing principle for the housing policy agenda and interventions in many countries. However, there is no cohesive and shared understanding of the characteristics and types of vulnerable households and housing situations, nor the drivers and consequences of different forms of vulnerability. This leads to questions about how to apply the concept to address people's right to housing. This special issue presents research into what housing vulnerability means in different world regions, what structures and systems may be driving it, and the variety of experiences of housing vulnerability. These studies use different theoretical frameworks, methodologies, and empirical contexts to examine factors and initiatives that drive or counter housing vulnerability, fostering a dialogue towards critical housing research and policy agendas that meet our expectations of housing as a human right. [ABSTRACT FROM AUTHOR]
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- 2024
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4. Women’s Bodily Redemption in Richard Yates’ Revolutionary Road: An Analysis From the Perspectives of Body Narrative and Feminist Jurisprudence.
- Author
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Yu Wu
- Subjects
RIGHT to health ,REPRODUCTIVE rights ,REPRODUCTIVE health ,HUMAN body ,JURISPRUDENCE - Abstract
This paper tries to analyze Revolutionary Road from the perspectives of body narrative and feminist jurisprudence. The second part, “The Pain of Childbirth”, and the third part, “The Bewilderment Between the Soul and the Body”, talk about female physical and mental health, respectively. The fourth part, “The Trespass of the Body”, promotes Reproductive Health Rights and Birthing Rights, thus further exploring how the women, as the subject of desire, trespass their heavy human bodies, how they overcome the unbearable lightness of their bodies, how they control and subdue their bodies, and how they finally gain salvation and revolution. [ABSTRACT FROM AUTHOR]
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- 2024
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5. The Urgency of Job Loss Security Program for the Protection of Human Rights
- Author
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Asri Lasatu, Surahman Surahman, Awaluddin Awaluddin, Putri Mei Lubis, and Jubair Jubair
- Subjects
job loss security program ,social guarantee ,human right ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Jaminan Kehilangan Pekerjaan (JKP) or The Job Loss Security Program is a recent government initiative designed to enhance legal, economic, and social protection for workers affected by Termination of Employment. This program needs proper supervision for optimal contribution to the community well-being. This normative legal research used both statutory and conceptual methods to answer the central research question regarding the urgency of the JKP program in safeguarding human rights. The findings indicate that the JKP program significantly aids workers by providing financial support, facilitating access to labor market information, and enhancing skills through job training, thereby helping them meet their own and their families' needs.
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- 2024
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6. On the History of Water as a Human Right and Its Recognition in the Cuban Constitution.
- Author
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Yera, Beatriz L. and Triana, Yanelys D.
- Subjects
RIGHT to water ,CUBAN Revolution, 1959 ,CONSTITUTIONAL history ,CONSTITUTIONS - Abstract
To say that water is one of the most important natural elements for life would be unnecessary. In fact, because of its incalculable value, it is recognised as blue gold. Unfortunately, it is sometimes forgotten that its protection is one of the main challenges facing society today. The scarcity of the vital liquid is becoming increasingly noticeable due to climate change, population growth and careless management by humans. On closer examination it can be appreciated as a natural element, a chemical element, an economic good, a cultural good, among other denominations because it is so versatile, but above all, it is a human right. Although the latter is not something that has always been established in this way, it took many years for it to be officially recognised. In this research, a historical, doctrinal and comparative study is carried out on the regulation of water as a human right, with special reference to its treatment in Cuban constitutionalism. In order to carry out this study, an analysis is made based on the role played by water in the development of humanity, its recognition as a human right and its inclusion in Cuba's constitutional history. Theoretical-legal, historical-legal, analytical-legal and document analysis research methods were used for this purpose. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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7. Nigeria Fourth Republic: Exploring the Intersection of Human Rights, The Rule of Law and Democratic Governance, 1999-2023.
- Author
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Adedayo, Adedeji Matthew, Adabembe, Kehinde Oluwatoyin, Ugwu, Bonaventure Ikenna, Isaiah, Motunrayo Grace, and Ojo, Mayowa Christopher
- Subjects
HUMAN rights violations ,RULE of law ,HUMAN rights ,FREEDOM of the press ,POLITICAL stability ,CIVIL rights ,JUDICIAL independence - Abstract
Human rights abuses have been one of the challenges facing Nigeria since the First Republic in 1960 up untill date. On these premises, this study elucidates the interconnectedness and intricate relationships among human rights, democratic governance, and the rule of law in Nigeria. Specifically, the study examines factors undermining Nigeria's democratic governance, rule of law, and human rights. The study adopted mixed methods design with 600 respondents chosen across the study area. The descriptive analysis technique was employed in the analysis of the collected data. The research is theoretically grounded in elite theory. The findings of the study revealed Nigeria's ability to sustain long-term national peace, security, development, and prosperity is jeopardised by numerous instances of fundamental human rights abuses and violations of the rule of law. Equally, the socio-religious dimensions of these challenges are integral to understanding the complexities of human rights and governance issues in Nigeria. The study concludes that allowing the instantaneous development of Nigeria's three levels of government holds the potential to instil typical democratic norms, foster political stability, and pave the way for long-term peace, security, and development in the country. The study recommends that the independence of the judiciary must be strengthened, press freedom preserved, democratic norms and principles upheld, and public awareness increased in order to decrease human rights violations and promote good governance in Nigeria. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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8. Reviewing equitable justice and the land question in South Africa from a reformation perspective
- Author
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Takalani A. Muswubi
- Subjects
natural law ,human right ,equitable justice ,land reform ,missio dei ,reformation perspective ,Practical Theology ,BV1-5099 ,Doctrinal Theology ,BT10-1480 - Abstract
This article reviews equitable justice and the land question in South Africa from a reformation perspective. Land as the source of individual and corporate group identity and livelihood is one of the most sensitive, contentious and controversial of all debatable issues in South Africa. As such, the question is: what counts as the criteria for an amicable and lasting solution for the land question? What type of justice helpful in correcting the past injustice? An underlying precept is on restoring the broken relationship between the victims and offenders using equitable Justice, as we live together in a diverse context in South Africa. This article is designed to examine three aspects related to fair justice from the perspective of reformation: firstly, the basic conception of equitable justice; secondly, the critical application of the types of justice in handling land questions in South Africa; and thirdly, the ultimate reception of the equitable justice that the victims and offenders could acknowledge and appreciate about the land question based on the 1996 South African Constitution. Contribution: This article is meant to add value not only to how justice was and is conceived (perceived) but what is critical is the application of the types of justice as far as land in South Africa is concerned and the underlying misconceptions that go with it. Above all, the ultimate reception of the United Nations Declaration of Human Rights and the South African Constitution as an incentive to address land questions in the South African context.
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- 2024
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9. Assertiveness as a Human Right: Its Configuration from the Dignity of the Person in Situations of Vulnerability
- Author
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López-Sánchez, Rogelio, del Toro-Granados, Marlene, Castaños-Cervantes, Susana, editor, and Atristain-Suárez, Connie, editor
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- 2024
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10. Discussion, Conclusion, and Policy Suggestions
- Author
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Nawaz, Faraha, Saha, Dabjani, Nawaz, Faraha, and Saha, Dabjani
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- 2024
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11. The Policies for Domestic Worker Protection Between Indonesia and Philippines (Kasambahay Law)
- Author
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Oktavianti, Puteri Chintami, Suwadi, Pujiyono, Firdaus, Sunny Ummul, Striełkowski, Wadim, Editor-in-Chief, Black, Jessica M., Series Editor, Butterfield, Stephen A., Series Editor, Chang, Chi-Cheng, Series Editor, Cheng, Jiuqing, Series Editor, Dumanig, Francisco Perlas, Series Editor, Al-Mabuk, Radhi, Series Editor, Scheper-Hughes, Nancy, Series Editor, Urban, Mathias, Series Editor, Webb, Stephen, Series Editor, Jaelani, Abdul Kadir, editor, Irwansyah, Irwansyah, editor, Fernhout, Fokke, editor, Raharjo, Agus, editor, Palil, Mohd Rizal, editor, Tegnan, Hilaire, editor, Parama Astirin, Okid, editor, Sutarno, Sutarno, editor, Suryanti, Venty, editor, Pranoto, Pranoto, editor, and Rahim, Robbi, editor
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- 2024
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12. Conservation of Natural Resources and Human Right from International Law Perspective
- Author
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Muttaqien, Al, Qasthary, Auzan, Marzuki, Marzuki, Striełkowski, Wadim, Editor-in-Chief, Black, Jessica M., Series Editor, Butterfield, Stephen A., Series Editor, Chang, Chi-Cheng, Series Editor, Cheng, Jiuqing, Series Editor, Dumanig, Francisco Perlas, Series Editor, Al-Mabuk, Radhi, Series Editor, Scheper-Hughes, Nancy, Series Editor, Urban, Mathias, Series Editor, Webb, Stephen, Series Editor, Ansari, Bansu Irianto, editor, and Sagita, Mustakim, editor
- Published
- 2024
- Full Text
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13. The Covid Dynamic – In the Hospital and in Society
- Author
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Wehkamp, Karl-Heinz, Pramataroff-Hamburger, Vivian, editor, and Neises-Rudolf, Mechthild, editor
- Published
- 2024
- Full Text
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14. Socio-legal Analysis of the Impact of Food Insecurity and Hunger on the Right to Health of Urban Poor Living in the State of Gujarat
- Author
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Shanthakumar, S., Dhanya, S., Dev, S. Mahendra, editor, Ganesh-Kumar, A., editor, and Pandey, Vijay Laxmi, editor
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- 2024
- Full Text
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15. Patient personal data protection: comparing the health-care regulations in Indonesia, Singapore and the European Union
- Author
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Kharisma, Dona Budi and Diakanza, Alvalerie
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- 2024
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16. Inadequate nutritional care for malnourished patients in four university hospitals – The QuaNuT study
- Author
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Inger Ottestad, Lene Thoresen, Randi J. Tangvik, Siv Hilde Fjeldstad, Mina Marie Authen, Sandra Følstad, Mari Welde Gjønnes, Nicoline Aamot Hegrenes, Henriette Holm, Ina-Helen Olsen, Ingvild Sætherbø, Patrik Hansson, Kari Sygnestveit, Ingvild Paur, Ronny Andreassen, Ingrid Løvold Mostad, Silje Hermanrud, Kristina Y.K. Lindemann, and Anne Høidalen
- Subjects
Malnutrition ,GLIM criteria ,Nutritional care ,Patient safety ,Human right ,Cancer ,Nutrition. Foods and food supply ,TX341-641 - Abstract
Summary: Background & Aims: Adequate nutritional care to malnourished patients is described as a human right, and recommendations from nutritional care guidelines are legally binding in Norway. The primary objective of this study was to investigate nutritional care in malnourished hospitalized patients. We also wanted to describe the association between malnutrition and length of stay (LOS), readmission, comorbidity and mortality. Methods: In a cross-sectional, multi-center and quality assurance study, inpatients from four university hospitals across all regional health authorities in Norway were included. The hospital's nutritional care during admission was evaluated according to current malnutrition guidelines. Malnutrition risk screening, assessment for diagnosis and grading severity of malnutrition were performed with Nutritional risk screening 2002 (NRS-2002) and the Global Leadership Initiative on malnutrition (GLIM) criteria. Medical records were reviewed to collect data on nutritional support during admission, malnutrition coding, LOS, readmission, comorbidity and 30-days survival after hospital admission. Results: In our mixed inpatient population (n 442, mean age 61 years, 53 % women), 42 % were not adequately screened for risk of malnutrition at hospital admission. Among the 29 % of malnourished patients, only 36 % had documented nutritional support in the medical records, and a malnutrition diagnosis was registered for only 30 %. Malnutrition was associated with LOS, increased comorbidity and reduced 30-day survival. Conclusion: In this study across all Norwegian regional health authorities, we found a high malnutrition rate and the nutritional care in relation to malnutrition diverged from national and international established guidelines and the framework of national laws and legislation. The findings raise concerns regarding patient safety and potential for improved nutritional care as a human right. Although malnutrition was associated with longer length of hospital stay, comorbidity and reduced 30-day survival, this study does not establish causal relationships.
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- 2024
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17. Water as a Merit Good
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Hanemann, Michael and Whittington, Dale
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- 2024
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18. ATENDIMENTO EDUCACIONAL HOSPITALAR E DOMICILIAR: ACESSO À EDUCAÇÃO, SOB A PERSPECTIVA DE DIREITO HUMANO.
- Author
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Santos Cerqueira, Sandra and Mascarenhas Fernandes, Edicléa
- Subjects
RIGHT to education ,EDUCATIONAL acceleration ,HUMAN rights ,TEACHING models ,EDUCATIONAL support - Abstract
Copyright of Revista Linguagens, Educação e Sociedade (LES) is the property of Revista Linguagens, Educacao e Sociedade (LES) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
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19. Ο ρόλος του φαρμακοποιού στη διαχείριση του καρκινικού πόνου: οριοθετημένη ανασκόπηση.
- Author
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Ευάγγελος, Αλιφέρης and Σταματία, Γκαράνη-Παπαδάτου
- Subjects
- *
OFF-label use (Drugs) , *OCCUPATIONAL roles , *PALLIATIVE treatment , *CANCER pain , *SYSTEMATIC reviews , *HUMAN rights , *MEDLINE , *PAIN management , *LITERATURE reviews , *PUBLIC health , *ONLINE information services , *HEALTH care teams - Abstract
Introduction: Cancer remains a leading cause of death, with 10 million deaths recorded in 2020. Ineffective cancer pain management is a significant problem associated with the disease. Objective: To investigate the role of the pharmacist in cancer pain management. Method: Literature search: pharmacist, pain relief, palliative care, pain management, human rights, public health, cancer, advanced and terminal stage, new technologies, off-label. As a time, frame twenty years was set as a sufficient period. The search language was determined to be English and from world-renowned search engines for scientific topics and articles (Pubmed, Medline), world-renowned organizations (such as WHO and IASP). Results: Most articles focus on the interdisciplinary role of pharmacists in palliative care. A smaller number of articles refer to policy and education issues, off-label drug issues, and personalized treatment issues. Conclusions: Pharmaceutical science and the pharmacist have a leading role in the effort to manage cancer pain better and to provide better quality palliative care. To fulfill this, policies must be developed in which the pharmacist would be an integral member of the interdisciplinary team. [ABSTRACT FROM AUTHOR]
- Published
- 2024
20. How to Maintain Education During Wars? An Integrative Approach to Ensure the Right to Education.
- Author
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Salha, Soheil, Tlili, Ahmed, Shehata, Boulus, Zhang, Xiangling, Endris, Awol, Arar, Khalid, Mishra, Sanjaya, and Jemni, Mohamed
- Abstract
It is widely acknowledged that the relationship between education, security, and stability is bidirectional. In times of war, access to quality education becomes compromised, and conversely, the absence of proper education constrains individuals to a life under constant threat, disrupting education provision. War, viewed as a "lifetime and life-wide status," evolves into a self-fulfilling prophecy, both at an individual and collective level, making it challenging to break free from, particularly within the broader context of education provision. Although, scant information exists about how education is maintained during wars, hindering the right to education in such contexts. This study therefore addresses this gap by synthesizing the literature to identify and present 14 educational scenarios and teaching strategies on how education was maintained from different war contexts over time. The findings reveal that education during wars can be digital-based (i.e., facilitated by technology) and non-digital based (without technology). Additionally, various teaching strategies are applied during wars, including inspirational, hands-on and practical, fun-based, among others. Finally, teaching during wars is not limited to teachers only, but it could also involve parents, neighbors, etc. The findings of the literature can help to ensure the right to education in crises like wars and reveal the importance of open education in such crises. They can also contribute to enriching the ongoing theoretical and practical debate on how to maintain education in crises like wars. This can help to better be prepared for future education in crises, which is the focus of several international organizations. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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21. Inheritance Rights of Extramarital-Children after the Constitutional Court Decision of 2010
- Author
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Putri Wartina Lestari, Sonny Dewi Judiasih, and Bambang Daru Nugroho
- Subjects
biological father ,extramarital children ,human right ,inheritance right ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Extramarital-children refer to children who are born outside the marriage. The position extramarital-children are legally vulnerable and therefore needs attention. The Constitutional Court Decision No. 46/PUU- VIII/2010 recognizes the legal status of extramarital children against their biological fathers as long as their genetic relationship can be proven by way of DNA testing and supported with other evidence. This study aims to examine the inheritance right of the extramarital-children, especially after the issuance of the mentioned Constitutional Court Decision. This normative legal research employs statutory, case and comparative approaches. Although the focus of this study is more on the legal development in Indonesia, however, this paper also provides a comparative analysis with some other countries, especially with regard to the utilization of the DNA Testing for legal purposes. The results show that the Constitutional Court Decision No. 46/PUU-VII/2020 does not address the inheritance right of extramarital-children and therefore they cannot inherit each other from their biological fathers. In regard to inheritance, this issue will be referred to the existing law of inheritance.
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- 2024
- Full Text
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22. LA EVOLUCIÓN NORMATIVA PARA LA GARANTÍA DEL DERECHO AL AGUA EN ECUADOR.
- Author
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Martínez Moscoso, Andrés
- Subjects
- *
CIVIL rights , *RIGHT to water , *WATER supply , *WATER purification , *NATURAL resources , *SOFT law - Abstract
The legal treatment that has been given to water in Ecuador is interesting from the point of view of its constitutional evolution, because although it is true that it was considered a natural resource, it is now treated as a human right and a strategic sector. In the present investigation, based on a historical-legal methodology, a review is made of how the treatment of water resources has advanced at a constitutional level, and how international instruments, as well as the jurisprudence of international organizations and the soft law, influenced the Ecuadorian constituent for special treatment, being the first constitution to recognize it as a human and fundamental right. The research indicates that, despite the advances at the regulatory level, there is still a long way to go in terms of institutions and public resources that allow the generation of infrastructure to guarantee the right. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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23. GENDER DISCRIMINATION AND ITS IMPACT ON PAKISTANI WOMEN MARRIED TO AFGHAN REFUGEES (1980-2018).
- Author
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Manzoor, Bushra and Khan, Muhammad Daniyal
- Subjects
- *
AFGHAN refugees , *PAKISTANIS , *AFGHANS , *GENDER inequality , *ANTI-discrimination laws , *MARRIED women , *SEX discrimination - Abstract
Gender discrimination in nationality law of Pakistan not only undermines women's equality in citizenship but also violates their right and results in hardships for their families. State's Nationality law that discriminate women to have equal rights of citizenship undermines them to access healthcare, education, employment, family unity, inheritance, mobility and property rights. The current research highlights the problems faced by the women married to Afghan refugees through thematic and discourse analysis of the interviewees using CAQDA, i.e., MAXQDA-2022 software. The study is qualitative in nature and the analysis is based on a coding model. The sample is taken through snowball sampling of the population under study. The research shows how unequal nationality laws violate women right to get citizenship and obstruct their equality in the family. The Pakistani law of citizenship also impacts the enjoyment of women right by them as well as their children and spouses. Gender equality in nationality laws is not only fundamental to equal citizenship of women but it also support families' wellbeing, children rights to identity and sustainable development. Thereby, it will benefit the society as a whole. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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24. How to Maintain Education During Wars? An Integrative Approach to Ensure the Right to Education
- Author
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Soheil Salha, Ahmed Tlili, Boulus Shehata, Xiangling Zhang, Awol Endris, Khalid Arar, Sanjaya Mishra, and Mohamed Jemni
- Subjects
Conflicts ,education ,human right ,openness ,wars ,Special aspects of education ,LC8-6691 - Abstract
It is widely acknowledged that the relationship between education, security, and stability is bidirectional. In times of war, access to quality education becomes compromised, and conversely, the absence of proper education constrains individuals to a life under constant threat, disrupting education provision. War, viewed as a “lifetime and life-wide status,” evolves into a self-fulfilling prophecy, both at an individual and collective level, making it challenging to break free from, particularly within the broader context of education provision. Although, scant information exists about how education is maintained during wars, hindering the right to education in such contexts. This study therefore addresses this gap by synthesizing the literature to identify and present 14 educational scenarios and teaching strategies on how education was maintained from different war contexts over time. The findings reveal that education during wars can be digital-based (i.e., facilitated by technology) and non-digital based (without technology). Additionally, various teaching strategies are applied during wars, including inspirational, hands-on and practical, fun-based, among others. Finally, teaching during wars is not limited to teachers only, but it could also involve parents, neighbors, etc. The findings of the literature can help to ensure the right to education in crises like wars and reveal the importance of open education in such crises. They can also contribute to enriching the ongoing theoretical and practical debate on how to maintain education in crises like wars. This can help to better be prepared for future education in crises, which is the focus of several international organizations.
- Published
- 2024
- Full Text
- View/download PDF
25. A Magnifying Lens on Unraveling the Necessities of Housing Migrants in Malaysia through a Qualitative Revelation
- Author
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Sohaimi, Nor Suzylah, Ramli, Rosfaraliza Azura, Jasni, Mohd Alif, Raharjo, Sandy Nur Ikfal, Striełkowski, Wadim, Editor-in-Chief, Dewanto, Pamungkas A., editor, Sabilla, Kinanti R., editor, and Nurkholiq, Tri S., editor
- Published
- 2023
- Full Text
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26. Legal Frameworks and Issues of Social Media Use for Politics
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Mengesha, Getachew Hailemariam, Belay, Elefelious Getachew, Asale, Moges Ayele, Kacprzyk, Janusz, Series Editor, Gomide, Fernando, Advisory Editor, Kaynak, Okyay, Advisory Editor, Liu, Derong, Advisory Editor, Pedrycz, Witold, Advisory Editor, Polycarpou, Marios M., Advisory Editor, Rudas, Imre J., Advisory Editor, Wang, Jun, Advisory Editor, Yang, Xin-She, editor, Sherratt, Simon, editor, Dey, Nilanjan, editor, and Joshi, Amit, editor
- Published
- 2023
- Full Text
- View/download PDF
27. Legal protection of street children as a result of economic exploitation based on the child rights convention 1989
- Author
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Vallencia Paramitha and Sukardi Sukardi
- Subjects
legal protection ,street children ,right of child ,human right ,Education ,Social Sciences - Abstract
Child protection is all activities to guarantee and protect children and their rights so that they can live, grow and develop, and participate optimally, in accordance with human dignity and protection from violence and discrimination. The purpose of this paper is to find out the synchronization between Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and the 1989 Convention on the Rights of the Child . The result of this writing is Presidential Decree No. 36/1990 on Ratification of the Convention on the Rights of the Child, not in accordance with Law No. 24/2000 on International Covenants. In this case, the 1989 Convention on the Rights of the Child concerning the Rights of the Child, where the object of the Convention is a "child" which should be an important part of state affairs and ratified in the form of a law.
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- 2023
- Full Text
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28. THE IMPACT OF ARTIFICIAL INTELLIGENCE (AI) ON EDUCATION – BALANCING ADVANCEMENTS AND ETHICAL CONSIDERATIONS ON HUMAN RIGHTS
- Author
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Lazar Stošić and Aleksandra Janković
- Subjects
Artificial intelligence ,Generative Pre-trained Transformer (GPT) ,Education ,Ethical Considerations ,Human right ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
The primacy of artificial intelligence (AI) in education has become increasingly relevant in recent times, aiming to facilitate the easier acquisition of material. There is a growing emphasis on the implementation of AI and the search for ways to incorporate it into everyday work. However, this story brings into play ethical, copyright, and many other rights. The text discusses the growing role of artificial intelligence (AI) in education, emphasizing its potential benefits and ethical challenges. It explores the use of models like Generative Pre-trained Transformer (GPT) to enhance learning processes, yet highlights concerns related to transparency and ethics.
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- 2023
- Full Text
- View/download PDF
29. ARTIFICIAL INTELLIGENCE AND NATIONAL SECURITY
- Author
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Kushal Srivastava
- Subjects
Artificial Intelligence ,global south ,human right ,internal security ,cyber security ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
It has been more than sixty years since the concept of Artificial Intelligence (AI) took its initial form. Since then there have been several discussions and debates on AI and its future as the focal point. Today, decades down the line; AI is standing at the door highlighting a paradigm shift of its own. The entire trajectory can also be seen because of an optimistic approach towards the future of technologies that carved the recent times, which we are living in. It can be inferred that the day has come when AI has started operating almost all facets of human life. Such a change possesses drastic potential when the perspective of the global south comes into picture. Apart from mundane activities of humankind, another pertinent aspect of contemporary society is that of national security. Every country of the global south is quite proactive when it comes to strengthening its internal security and countries try to ward off hurdles and mitigate them largely through every possible way. Furthermore, in light of the development and increase in the usage of AI, it is worth pondering on the future of AI in the domain of national security with perspective of the entire domain of the global south. Indeed every concerned government entities like the military of such nations are focusing more on AI based technologies with an objective to enhance their overall capabilities. For instance, the facets of surveillance, cyber security, and venturing towards autonomous equipment are some key areas where nations are focusing on and AI has seen an appropriate enabler towards such cause. Through this review paper, an analytical discussion has been made towards the fact that how the postulate of AI can be used to analyze large stock of data, evaluate the connected patterns, and detect potential security threats. This paper narrows down the discussion to the perspective of the global southern part of the world and analyses the entire situation of AI and its prospective future in the realm of cyber security and national security of the connected nations. The discussion also considered the existence of several concerns with regard to the congruence of AI and national security. By reviewing various existing literature, it projects a discussion and analyzes various pertinent aspect connected to this domain. Eventually, it makes an attempt to put forward suggestions to the question at hand as to whether AI in national security can be seen as a facilitator that can help in strengthening the nation’s internal security or are we overlooking a hurdle that it may entail and is still a far sighted dream.
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- 2023
- Full Text
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30. A commentary on the healthcare transition policy landscape for youth with disabilities or chronic health conditions, the need for an inclusive and equitable approach, and recommendations for change in Canada
- Author
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Linda Nguyen, Claire Dawe-McCord, Michael Frost, Musa Arafeh, Kyle Chambers, Dana Arafeh, Kinga Pozniak, Donna Thomson, JoAnne Mosel, Roberta Cardoso, Barb Galuppi, Sonya Strohm, Alicia Via-Dufresne Ley, Caitlin Cassidy, Dayle McCauley, Shelley Doucet, Hana Alazem, Anne Fournier, Ariane Marelli, and Jan Willem Gorter
- Subjects
healthcare transition ,equity ,advocacy ,human right ,policy ,disabilities ,Other systems of medicine ,RZ201-999 ,Medical technology ,R855-855.5 - Abstract
There is a growing number of youth with healthcare needs such as disabilities or chronic health conditions who require lifelong care. In Canada, transfer to the adult healthcare system typically occurs at age 18 and is set by policy regardless of whether youth and their families are ready. When the transition to adult services is suboptimal, youth may experience detrimental gaps in healthcare resulting in increased visits to the emergency department and poor healthcare outcomes. Despite the critical need to support youth with disabilities and their families to transition to the adult healthcare system, there is limited legislation to ensure a successful transfer or to mandate transition preparation in Canada. This advocacy and policy planning work was conducted in partnership with the Patient and Family Advisory Council (PFAC) within the CHILD-BRIGHT READYorNot™ Brain-Based Disabilities (BBD) Project and the CHILD-BRIGHT Policy Hub. Together, we identified the need to synthesize and better understand existing policies about transition from pediatric to adult healthcare, and to recommend solutions to improve healthcare access and equity as Canadian youth with disabilities become adults. In this perspective paper, we will report on a dialogue with key informants and make recommendations for change in healthcare transition policies at the healthcare/community, provincial and/or territorial, and/or national levels.
- Published
- 2023
- Full Text
- View/download PDF
31. Corrigendum: Editorial: Country profile of the epidemiology and clinical management of early childhood caries, volume II
- Author
-
Morenike Oluwatoyin Folayan, Francisco Ramos-Gomez, Wael Sabbah, and Maha El Tantawi
- Subjects
inequality ,elimination ,dental caries ,inequity ,collaboration ,human right ,Dentistry ,RK1-715 - Published
- 2023
- Full Text
- View/download PDF
32. ROLE OF THE RIGHT TO ENJOY PEACE IN A DIGNIFIED LIFE.
- Author
-
Pillai, Aneesh V., Mathew, Georgekutty, and T., Balaji
- Abstract
Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
33. Non Binary Options in Gender Choice (Perspective on Human Rights and Islamic Religion).
- Author
-
Kertati, Indra, Asmaret, Desi, Mas’ud, Fadil, Adrian Muhari, Muhammad Dheo, and Hariyani, Nety Novita
- Subjects
BINARY gender system ,SEXUAL rights ,COMPARATIVE method ,HUMAN rights ,NONBINARY people ,RIGHT of privacy - Abstract
Copyright of Riwayat: Educational Journal of History & Humanities is the property of Riwayat: Educational Journal of History & Humanities and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
34. How I became myself after merging with a computer: Does human-machine symbiosis raise human rights issues?
- Author
-
Frederic Gilbert, Marcello Ienca, and Mark Cook
- Subjects
AI ,Brain-computer interfaces ,Data ,Explantation ,Implantation ,Human right ,Neurosciences. Biological psychiatry. Neuropsychiatry ,RC321-571 - Abstract
Novel usages of brain stimulation combined with artificially intelligent (AI) systems promise to address a large range of diseases. These new conjoined technologies, such as brain-computer interfaces (BCI), are increasingly used in experimental and clinical settings to predict and alleviate symptoms of various neurological and psychiatric disorders. Due to their reliance on AI algorithms for feature extraction and classification, these BCI systems enable a novel, unprecedented, and direct connection between human cognition and artificial information processing. In this paper, we present the results of a study that investigates the phenomenology of human-machine symbiosis during a first-in-human experimental BCI trial designed to predict epileptic seizures. We employed qualitative semi-structured interviews to collect user experience data from a participant over a six-years period. We report on a clinical case where a specific embodied phenomenology emerged: namely, after BCI implantation, the patient reported experiences of increased agential capacity and continuity; and after device explantation, the patient reported persistent traumatic harms linked to agential discontinuity. To our knowledge, this is the first reported clinical case of a patient experiencing persistent agential discontinuity due to BCI explantation and potential evidence of an infringement on patient right, where the implanted person was robbed of her de novo agential capacities when the device was removed.
- Published
- 2023
- Full Text
- View/download PDF
35. The right to education in international human rights law : a systematic study of the purpose of education and an argument for a holistic approach to education drawing contextual instances from Nigeria
- Author
-
Edeji, Obinna C., Dupre, C., and Barrett, D.
- Subjects
341.4 ,Human Right ,Education ,Human Dignity ,Neoliberalism ,Human Capital Theory ,Nigeria ,E-9 Countries - Abstract
IHRL requires education to focus on the ‘full development of the human personality and the sense of its dignity’, and thereby establishes a relationship between education and the ability to lead life with human dignity, which this thesis argues to be the ‘human right purpose’ of education. This makes ‘human dignity’ a concept of interest in this thesis. With the rise of neo-liberalism and associated human capital theory (HCT) in the 1960’s, a complementary and often competing purpose of education arose, which is argued to be an ‘economic purpose’ because it uses economic principles to interpret education delivery. This has remained a dominant approach amongst States. This thesis argues that designing education for the pursuit of an economic purpose is ‘narrow and instrumental’ and therefore does not promote the use of education to produce roundly developed individuals. Nigeria as an E-9 country is used as a case study to demonstrate the contextual significance of these approaches in the real world. The contributions of Amartya Sen (which are based on welfare economics) and Martha Nussbaum (which are based on moral and political philosophy) in their formulation of the human capabilities approach (CA) are relied upon to provide a richer understanding of the purpose of education and its relationship with human dignity. Nussbaum’s philosophical version is argued to be helpful in clarifying human dignity in IHRL. The failure of economic principles (i.e. HCT and associated neo-liberal policies) to promote universal access to schooling and the promotion of a purpose of education not consistent with the human right purpose; and the need for education delivery to adopt a holistic approach instead of an exclusively narrow economic approach allowed this thesis to argue for a comprehensive approach to education. In doing so, it draws from IHRL, HCT and the CA to construct the fundamental purpose of education using human dignity. This thesis progresses in three stages. Part I through Chapter One discusses the standard setting provisions of IHRL, identifying two important purposes of education i.e. the human right and social purposes of education and argues that the need to promote the use of reason justifies the recognition of the right to education in IHRL. Chapter Two discusses the use of HCT and associated neo-liberal values to interpret education in the exclusive pursuit of an economic purpose and argues that this approach though useful is quite narrow and instrumental. Part II uses Nigeria as a case study to contextually consider these approaches in the real world, as one of the E-9 countries characterised by a large illiterate population, poor education record and challenges of access to compulsory education. This Part, comprising of chapters Three and Four, illustrates the dominance of economic principles in education and its effects on access to, and the contents of education. It uses the E-9 countries to give a broader illustration of the challenges of access to schooling that have been exacerbated by the application of economic principles in education. Part III, compromising of chapters Five, Six and Seven, bringing Parts I and II together, argues the significance of increased universal access to schooling and the need for education delivery to focus on the pursuit and achievement of human dignity. It starts by setting out the relevance of the CA in the discussion of the purpose education should be meant to achieve. Nussbaum’s philosophical version is helpful in clarifying human dignity beyond the ability to use reason and draws from the merits of HCT in education to construct a more comprehensive approach to education called the ‘fundamental purpose’ using human dignity. This Part argues that while the construction of the fundamental purpose does not have an answer to all the problems in the complex process of education delivery, it however provides the basis to start discussing some of the key issues identified in Part II.
- Published
- 2020
36. La obligatoriedad de la educación superior en México en el contexto internacional y sus implicaciones en la Orientación Vocacional.
- Author
-
de Jesús Reyes Pérez, Omar
- Subjects
- *
COMPULSORY education , *HIGHER education , *OFFICES - Abstract
Education is a human right, also higher education. Some countries have taken the step to make Higher Education compulsory, even before the efforts that the UN through Unesco carries out to achieve this goal. In the particular case of Mexico, it is from 2019 when the compulsory nature of Higher Education is decreed by modifying article 3 of the Magna Carta. At the same time, the government created the Benito Juárez García Welfare Universities project. By the year 2024, this project seeks to achieve 150 offices in marginalized areas to grant the possibility of access to the population that regularly lags behind in this area for various reasons. This research will briefly describe the path that Mexico traveled to achieve this goal and the difficulties to fully achieve it, such as the budget, the location of the headquarters and insufficient coverage. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
37. LIBERDADE DE EXPRESSÃO E CULTURA DO CANCELAMENTO: CONCEITOS, LIMITES E DESDOBRAMENTOS.
- Author
-
Perdigão de Castro, Luís Felipe, Pires Stone, Laysa, and Marques Silva, Carlos Eduardo
- Published
- 2023
38. البنيان القانوني لجريمة التنمر ( دراسة مقارنة ).
- Author
-
أمل فاضل عبد and سندس نوري حسان
- Subjects
LEGAL rights ,COMPARATIVE law ,CRIMINAL methods ,CRIMINAL law ,DIGNITY ,CRIME - Abstract
Copyright of Journal Of the College of Law /Al-Nahrain University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
39. A general legal right to conscientious exemption : beyond religious privilege
- Author
-
Adenitire, John and Feldman, David
- Subjects
conscience ,religion ,human right ,discrimination ,conscientious objection ,conscientious exemption ,law - Abstract
The thesis shows that there is a general legal right to exemption for conscientious objectors in the US, Canada and UK. It shows that it is a limited right: exemptions may be lawfully denied to protect the rights of others or important public interests. The thesis then investigates whether such a legal right is exclusively reserved for religious believers. The thesis shows that it is not: it is available to those that object on the basis of conscience, irrespective of whether their conscience is motivated by religious or non-religious beliefs. The thesis concludes by defending the existence of this general right by appealing to liberal values.
- Published
- 2019
- Full Text
- View/download PDF
40. Wife’s Right To Maintenance And Human Right: Concerns And Issues.
- Author
-
Pooja, Ms. and Hooda, Rajesh
- Subjects
POOR people ,LEGAL documents ,JUSTICE ,OBEDIENCE (Law) ,WOMEN'S rights - Abstract
In the context of family law in India, maintenance refers to the legal obligation of a person to provide financial support to their spouse, children, or dependent family members. This obligation arises in situations where individuals are not able to support themselves adequately due to factors like marriage, separation, divorce, or other family-related circumstances. Maintenance is governed by various provisions in different personal laws, and sought through legal proceedings, typically maintenance order issued by a court. Exploring the human rights perspective on a wife's right to maintenance in the context of Indian law and society is crucial for several reasons like to evaluate whether existing legal provisions to promote gender equality and nondiscrimination, to see whether maintenance laws are consistent with constitutional guarantees of equality, to ensures compliance with international conventions, to identify areas where Indian laws may need reform to align with international standards on women's rights, helps to assess the accessibility of justice for women, emphasises the importance of ensuring that women are not economically disadvantaged post-divorce or separation etc. This paper highlights historical background, legal framework of maintenance laws and their Alignment with International Standard, challenges faced by the women, gaps and shortcomings in the existing legal framework and on the basis of which some recommendations are being made in this paper. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
41. How I became myself after merging with a computer: Does human-machine symbiosis raise human rights issues?
- Author
-
Gilbert, Frederic, Ienca, Marcello, and Cook, Mark
- Abstract
Novel usages of brain stimulation combined with artificially intelligent (AI) systems promise to address a large range of diseases. These new conjoined technologies, such as brain-computer interfaces (BCI), are increasingly used in experimental and clinical settings to predict and alleviate symptoms of various neurological and psychiatric disorders. Due to their reliance on AI algorithms for feature extraction and classification, these BCI systems enable a novel, unprecedented, and direct connection between human cognition and artificial information processing. In this paper, we present the results of a study that investigates the phenomenology of human-machine symbiosis during a first-in-human experimental BCI trial designed to predict epileptic seizures. We employed qualitative semi-structured interviews to collect user experience data from a participant over a six-years period. We report on a clinical case where a specific embodied phenomenology emerged: namely, after BCI implantation, the patient reported experiences of increased agential capacity and continuity; and after device explantation, the patient reported persistent traumatic harms linked to agential discontinuity. To our knowledge, this is the first reported clinical case of a patient experiencing persistent agential discontinuity due to BCI explantation and potential evidence of an infringement on patient right, where the implanted person was robbed of her de novo agential capacities when the device was removed. • Some brain-computer interfaces predict seizures by monitoring neural data, some advise users based on specific neural data thresholds. • In the ethical literature, advisory devices are perceived as encompassing a stronger degree of autonomy because they keep users in the decisional loop. • We report on a clinical case where a BCI implantation yielded enhanced agential capacity and continuity, while device explantation caused ongoing traumatic harm and agential discontinuity • To our knowledge, the first reported case of a patient experiencing ongoing agential discontinuity due to BCI removal, raising concerns about potential patient rights violation. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
42. The subordination of black people in the United States Toni Morrison's novel, Beloved.
- Author
-
Wajiran and Septiani, Nur Alifah
- Subjects
SUBORDINATION (Psychology) ,DISCRIMINATION in literature ,WHITE supremacy ,SOCIAL classes - Abstract
This paper is aimed at discussing Morrison's novel, Beloved dealing with the issues of human discrimination in the United States. Morrison is a writer who voices human values through discussions on issues of discrimination due to ethnicity, race, and skin color, especially that conducted against black people. She was instrumental in fighting for civil and political rights for black people in the United States, especially in Ohio. This study involves the theory of genetic structuralism to understand the concept of white supremacy. This is intended to see the relationship between white supremacy with the issues of social discrimination in the context of black people in the United States depicted in the novel. The issue of race and social class has always stood out in various groups of people. Even though society has progressed the issues of race, religion, and skin color still cause intergroup conflicts due to various interests. As depicted in the novel, black people are generally side-lined and considered only half human. Consequently, black citizens in the United States are associated with slavery or manual labor). [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. A complex model of differences on gender and institution type in academic achievement, happiness and self-esteem among orphan and nonorphan children from Pakistan.
- Author
-
Shuja, Kanwar Hamza
- Subjects
ORPHANS ,ACADEMIC achievement ,GENDER differences (Psychology) ,HAPPINESS ,SELF-esteem ,COMPARATIVE government - Abstract
The primary purpose of the study was to compare the difference between the level of academic achievement, happiness and self-esteem among orphan and non-orphan children based on their gender and institution in Pakistani cultural context. Additionally, to assess whether self-esteem, observed to be lower in orphan children, acts as a moderator between their academic achievement and happiness. A cross-sectional quantitative method was used in the present study using Children Happiness Scale and Rosenberg Self-esteem scale to measure happiness and self-esteem. Whereas, students last year's final exam results were used to measure academic achievement. The sample for the present study comprised 1000 participants (boys = 515, girls = 485) with age ranged between 10 and 14 years. Combined sample consisted of four equal groups (each of n = 250) including non-orphans in private schools; non-orphans in government schools; orphans in private orphanages and orphans in government orphanages for comparative analysis. The results yielded significant difference among orphans and non-orphan children based on gender (F (3,990) = 14.6, p <.005, Wilk's ƛ =.958, η
p 2 =.042) and institutions (F (9,2409) = 788.617, p <.005, Wilk's ƛ =.035, ηp 2 =.672). The findings also suggested that both academic achievement (β =.159) and self-esteem (β =.715) significantly predict happiness. Self-esteem displayed a significant moderating role (F (3,996) =11.681, p =.00, B =.033, R2 =.495) in the relationship between academic achievement and happiness. The research was successful in its endeavour to explore the relationship between study variables and can be used in devising policies which can focus to work on increasing the quality of education for orphan children providing them the chance to be on par with non-orphan children and achieve a similar level of happiness. [ABSTRACT FROM AUTHOR]- Published
- 2023
- Full Text
- View/download PDF
44. Spatial Inequalities in Access to Safe Drinking Water in an Upper-Middle-Income Country: A Multi-Scale Analysis of Brazil.
- Author
-
Jesus, Fernanda Santos Mota de, Monteiro, Antonio Miguel Vieira, and Tomasella, Javier
- Subjects
DRINKING water ,SANITATION ,LORENZ curve ,GROSS domestic product - Abstract
Access to drinking water is recognized as a human right, meaning that it is necessary to guarantee its universal and equitable access. Since analyzing only the average access rates to drinking water may obscure inequalities, studies have adapted socioeconomic inequalities indices to assess disparities. This research evaluated the Safe Drinking Water Access Index (SDWA) and inequalities access in all Brazilian municipalities using microdata from the 2010 Demographic Census. The inequalities were analyzed adapting indices derived from the Lorenz curve (Gini index, concentration coefficient and dissimilarity index). The results showed that the lowest SDWA rates and the highest inequality index values occurred in the north and northeast regions. The municipalities with significant inequality indexes values were rural with reduced gross domestic product (GDP) per capita. It was possible to punctuate municipalities that do not fit these rules but still need attention to safe water access guarantee. The amplitude of inequality index results reveals significant inequalities in the same regions or SDWA ranges. The inequalities in safe drinking water access were made more evident by the adapted Gini Index. This research contributes to the literature with an unprecedented analysis of Brazil and could be adapted to other countries and replicated to assess inequalities in sanitation access. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
45. Critical Analysis on the Importance of Literature in Advancing Human Rights.
- Author
-
Naseem, Fozia, Bin Umer, Abdullah, and ul Hassan, Farhan
- Subjects
HUMAN rights ,LIBERTY ,HYPOTHESIS ,PRIVILEGES & immunities (Law) ,ILLEGITIMACY - Abstract
Essential opportunities are one of the rules that guarantee the regular individual's assumptions. Tragically, it is very unsurprising that tyrants will abuse these freedoms. At the point when this occurs, composing ought to confront the plate and help. Attract light to such encroachment and help people have compassion towards those whose opportunities are mistreated. This paper investigates the connection between composition and normal opportunities. It guarantees that writing might assume a significant role in fortifying normal freedoms in two ways. In the first place, composing, as an impression of the genuine world besides, by using its uncommon ability to arrive at individuals' souls and psyches, writing might make individuals more kind to the people who endure and live in torment because of infringements on their essential opportunities. This study expected to rethink about human rights by deciphering a potential open door and value from existentialist hypothesis grounds in a manner that is delicate to man's existential substance, implying that open door and reasonableness might be decoded in legitimacy and worry for other people. Second, the ongoing review is planned to examine the job of sending in advancing fundamental privileges, by its educational breaking point, and in affecting these freedoms, by permitting the experiences of chance, reality, and affirmation into the existences of the people who come into contact with it. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
46. Editorial: Country profile of the epidemiology and clinical management of early childhood caries, volume II
- Author
-
Morenike Oluwatoyin Folayan, Francisco Ramos-Gomez, Wael Sabbah, and Maha El Tantawi
- Subjects
inequality ,elimination ,dental caries ,inequity ,collaboration ,human right ,Public aspects of medicine ,RA1-1270 - Published
- 2023
- Full Text
- View/download PDF
47. Three Arguments to Support International Binding Treaty on Business and Human Rights
- Author
-
Surya Oktaviandra
- Subjects
business ,human right ,treaty ,state responsibility ,corporate social responsibility ,Political science - Abstract
The development of the promotion and protection of human rights, in general, has been gladdening. However, in instances where human rights are affected by business activity, efforts to uphold them meet certain obstacles. This is exacerbated when the business activity involves a complex and international dimension in it—i.e., in the case of multinational enterprises. This paper provides three arguments to support the establishment of international binding treaty on business and human rights. It examines the current Corporate Social Responsibility platform, state responsibility to protect human rights, and also the importance and benefits of legally binding treaty. This research found that the implementation of the current CSR platform fails to prevent business harm to human rights. Therefore, state responsibility is fundamental in this matter and should be enhanced by the duty to establish an international treaty. A legally binding treaty is important to protect human rights from irresponsible business activity and can be beneficial and relevant to the interest of parties involved in business and human rights.
- Published
- 2022
- Full Text
- View/download PDF
48. REVIEW OF THE INTERNET BLOCKING CASE IN PAPUA IN CYBER LAW PERSPECTIVE
- Author
-
Melvin Elvino Putra
- Subjects
cyber law ,human right ,internet ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The internet has become an essential part of modern life, increasing the efficiency of everything. It should be no surprise that internet abuse can lead to crimes that harm everyone. As a result, there is a need for legal safeguards known as Cyber Law, which intersects with Human Rights. The case of internet blocking in Papua, in which the government blocked or slowed internet connections in Papua, is the subject of this article because it raises many issues in the fields of Human Rights and Cyber Law, which, on the human rights side, is regulated in the 1945 Constitution, which states that everyone has the right to benefit from technology. In this case, the government cannot meet the aspect of Human Rights. However, in Cyber Law, this is intended as a limitation to reduce a crime on social media or the internet that causes chaos. As a result, this paper will elaborate on the Papua case from the standpoint of Cyber Law. The Administrative Court's decision used a normative legal approach and an objective case approach to investigate this phenomenon experimentally. The study then employs a qualitative method with literature and empirical approach, obtaining data through legal analysis and social phenomena that occur in society. Although further investigations are needed, the present study contributes to a better understanding of the case that occurred in Papua related to the government's blocking or disconnection of the internet. It was not a violation of the law because the government at the time made good decisions for the entire community's benefit, ensuring that everyone was safe from cybercrime or false news, which has the potential to sever Indonesia's unity.
- Published
- 2022
- Full Text
- View/download PDF
49. Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand
- Author
-
Siwarut Laikram and Shubham Pathak
- Subjects
migrants workers ,human right ,international labour organization ,legal instruments ,covid-19. ,Technology (General) ,T1-995 ,Social sciences (General) ,H1-99 - Abstract
Globalization has opened the avenues for the world to come together and attain sustainable growth. Migrant workers are a lifeline for several countries' labour forces and productivity. However, in Thailand, the rights of these migrants are restricted due to the non-ratification of the International Convention on the Protection of the Rights of Migrant Workers and Family Members (ICRMW). This research explores and analyzes various factors essentially responsible for the ratification of ICRMW in Thailand. The methodology adopted is the mixed method. The collected data were analyzed based on a socio-legal approach, with qualitative and quantitative tools and techniques combined: the strength, weakness, opportunity, and threats (SWOT) technique was integrated into the analytic hierarchy process (AHP) (SWOT-AHP). The findings suggest that Thailand has not yet ratified the ICRMW conventions, including ILO C-87 and ILO C-98, thus depriving migrant workers of protection. They are not protected by national law and are not entitled to equal protection as nationals: for instance, foreign workers are forbidden from migrating to the established labour unions and enjoying medical benefits and salaries. All these must be consistent with the conventions, particularly the Labor Protection Act, B.E. 2541 (1998) and the Labor Relations Act B.E. 2518 (1998). The novelty of this research is the analysis of the domestic and international laws in the Thai context, which depicts the need for ratification of ICRMW to protect migrant workers and their families. The findings can pave the way for similar future research in other ASEAN member countries. Doi: 10.28991/esj-2022-SPER-014 Full Text: PDF
- Published
- 2022
- Full Text
- View/download PDF
50. Joint response from Latin American, European Obstetric Violence Observatories and others organizations all over Europe to the Joint Position Statement on Substandard and Disrespectful Care in Labour – Because Words Matter.
- Author
-
Brigidi, Serena, Battisti, Alessandra, Skoko, Elena, Santos, Carla, Morais, Lígia, Sadler, Michelle, Candia, Mónica, Brocker, Ángela, Contreras, Luna, Trouvé, Alice, Bish, Sonia, Gonzaléz, Carolina, Rossel, Javiera, Yáñez, Fabiola, Werner, Lara, Mena-Tudela, Desirée, Villegas, América, Galliardo, Romina, and Fernandez, Susana
- Subjects
- *
GENDER-based violence , *RIGHT to health , *VIOLENCE against women , *WOMEN'S rights , *HUMAN rights violations , *VIOLENCE prevention - Abstract
The issue of obstetric violence is internationally acknowledged as a serious violation of human rights. First identified by the Committee of Experts of the Inter-American Belém do Pará Convention in 2012, it is recognized as a form of gender-based violence that infringes upon women's rights during childbirth. Nations such as Argentina, Mexico, Venezuela, and certain regions in Spain have implemented laws against it, highlighting its severity and the need for protective legislation. Major international organizations, including WHO and the Council of Europe, advocate for the elimination of disrespectful and abusive treatment in maternity care. In 2019, the UN Special Rapporteur on violence against women called on states to protect women's human rights in reproductive services by enforcing laws, prosecuting perpetrators, and providing compensation to victims. However, despite advances, there remains institutional and systemic resistance to recognizing obstetric violence, which undermines trust in healthcare and impacts women's quality of life. Addressing this violence is imperative, requiring education and training in women's human rights for all healthcare professionals. As part of the coalition of experts from various organizations (InterOVO), we respond to the publication by EAPM, EBCOG, and EMA: "Joint Position Statement: Substandard and Disrespectful Care in Labor – Because Words Matter." We are committed to preventing and mitigating obstetric violence and improving care for women and newborns. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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