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This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to…
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.
Government corruption and secrecy are not new phenomena in Africa; however, international scrutiny has grown as nations end decades of conflict and seek to develop, donor…
Government corruption and secrecy are not new phenomena in Africa; however, international scrutiny has grown as nations end decades of conflict and seek to develop, donor nations consider providing more aid, and investors and transnational corporations look to the area for oil and other resources. Given that corrupt government activities account for millions of dollars diverted from public coffers each year in developing nations and lead to unfair benefit distribution to citizens, the chapter examines the global network of actors attempting to advance the international norm of government accountability to constrain corruption through advocating for the adoption of access-to-information legislation. The chapter also explores the relationship between perception of corruption in Africa and four political institutions of vertical accountability. The findings indicate that perception of corruption is inversely correlated with news media rights, civil liberties, and political rights. However, adopting access-to-information legislation or planning to adopt the law was not correlated with the perception of corruption.
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.
One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.
The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.
The research contributes to a better understanding of the different legal orders analysed.
Purpose: The purpose of this chapter is to scrutinize the apparent alliance between international and local disability rights movements by contextualizing the process in…
Purpose: The purpose of this chapter is to scrutinize the apparent alliance between international and local disability rights movements by contextualizing the process in which the disability rights model is being diffused globally. It seeks to critically examine the transplantation and promotion of the international disability rights movement's rights-based model in China.
Approach: This chapter draws from 18 in-depth interviews with local and international disability rights activists through multisite ethnographic fieldwork in China in 2019.
Findings: This chapter finds that despite opening up spaces for resistance and emancipation locally, the international disability rights movement nevertheless constitutes what I call an enclave of rights that insulates the international rights model from the political, social, and economic realities on the ground. In the case of China, the authoritarian politics that define the relationship between the state and civil society, as well as the economic vulnerability of people with disabilities in the post-socialist market economy, limit, if not invalidate, the rights model espoused by the international disability rights movement.
Implications: The findings of this chapter challenge and complicate the current scholarship of the transnational disability rights movement beyond its normative claims of emancipation. They also explore potential spaces and direction for building a new transnational alliance that takes into account the local experience of disability in a rapidly globalized world.
The insights of T. H. Marshall and Pierre Bourdieu are drawn upon, integrated and extended to show how social spending policies have been key sites for historical…
The insights of T. H. Marshall and Pierre Bourdieu are drawn upon, integrated and extended to show how social spending policies have been key sites for historical struggles over the boundaries and rights of American citizenship. In the 19th century, paupers forfeited their civil and political rights in exchange for relief. Rather than break definitively with this legacy, major policy innovations in the United States that expanded state involvement in social provision generated struggles over whether to model the new policies on or distinguish them from traditional poor relief. At stake in these struggles were the citizenship status and rights of the policies’ clients. Both the emergence of such citizenship struggles and their outcomes are explained. These struggles emerged when policy innovations created new groups of clients, the new policy treated clients in contradictory ways and policy elites formed ties to social movements with stakes in the status and rights of the policy's clients. The outcomes of the struggles have been shaped by the institutional structure of the policy and the manner and extent to which the policy became entangled in racial politics. Historical evidence for these claims is provided by a case study of the Works Progress Administration, an important but understudied component of the New Deal welfare state.
This paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations (HROs) worldwide…
This paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations (HROs) worldwide. The authors aim to examine the Code of Ethics for 279 HROs in 67 countries and the social and legal settings in which they operate.
Using the framework of protect, respect and remedy, the authors look for keywords that represent the human rights lexicon in these three areas. In the protection of human rights, the authors select the terms: peace, transparency, freedom and security. For the respect of humans, the authors use the terms: dignity, equality, respect and rights. Sources of remedies come from justice and ethics. The analysis seeks to determine what political economy settings drive the ethical value choices of the organizations. Those choices are proxied by those keywords they mention in their Code of Ethics.
The analysis show that the scope of ethical values mentioned are higher when the HRO is in a country with more domestic violence, lower income inequality, French civil or Islamic legal origin and higher trust in politicians. In regard to the determinants of the ten keywords individually, the authors conclude that the status of the socioeconomic, political, religious and legal settings impact with local HROs mention each of the keywords: peace, justice, transparency, dignity, equality, ethics, respect, freedom, security and rights.
The analysis is based on HROs that have a webpage in English and list the employee Code of Conduct.
This study is the first to examine the Code of Ethics for HROs. The authors demonstrate that country-specific characteristics help to drive their internal ethical values.
The purpose of this article is only to whet the appetite for discussing the relationship between globalisation of crime and civil liberties and privacy. The topic is too…
The purpose of this article is only to whet the appetite for discussing the relationship between globalisation of crime and civil liberties and privacy. The topic is too complicated to be thoroughly discussed in a short article at a time which is witnessing diversified economic activities emanating from the adoption of policies of deregulation and steps to facilitate the movement of capital across international boundaries. Needless to say, the process of the globalisation of economic activity has been, to a great extent, enhanced by the computer revolution which in turn has reached unprecedent electronic dimensions coupled with a parallel increase in inventions and new complicated industries, all of which are creations of human beings in the drive to meet new changes and challenges. However, not all men are good citizens adhering to ideal principles and norms to maintain social integration, prosperity and public tranquillity. Instead, some people are inclined by their very nature to dismantle the social system by resorting to any means for improving their economic conditions at the expense of other members of society by committing illegal acts, especially in the economic sector. The situation is worse when the system creates a shield against combating economic crime under the pretext of the protection of civil liberties and right of privacy of the offender who takes advantage of the instruments which enshrine such civil liberties and rights.
Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception…
Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the U.S. can be traced back to President Lincoln's suspension of the right of habeas corpus during the Civil War. This paper suggests that this argument obscures more relevant legal and political precedents that can be found in U.S. territorial legal history. Moreover, while Agamben's argument obscures conceptual distinctions between a state of emergency and a state of exception, his argument also provides resources that can expose the limits of liberal interpretations of the relationship between the State, the citizen, and the law.