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Article
Publication date: 21 June 2010

Sandra Bailey, James Ridley and Beth Greenhill

When the behaviour of people with intellectual disabilities challenges carers and services, complex and competing human rights issues may emerge. This article explores the human

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Abstract

When the behaviour of people with intellectual disabilities challenges carers and services, complex and competing human rights issues may emerge. This article explores the human rights issues raised by both people's challenging behaviour and the attempts of others to respond to those behaviours. It is suggested that a human rights‐based approach to challenging behaviour offers a vehicle for balancing the ethical issues involved. Key concepts and practical tools from within our service to support clinicians in working more ethically with people's challenges are introduced. The potential advantages of taking a human rights‐based approach relative to other ethical approaches are also explored.

Details

Advances in Mental Health and Intellectual Disabilities, vol. 4 no. 2
Type: Research Article
ISSN: 2044-1282

Keywords

Article
Publication date: 26 March 2024

Govinda Prasad Dhungana, Dwij Raj Bhatta and Wei-Hong Zhang

Family planning (FP) services through the lens of human rights are not well known in Nepal. This study aims to assess Family Planning 2020: Rights and Empowerment Principles for…

Abstract

Purpose

Family planning (FP) services through the lens of human rights are not well known in Nepal. This study aims to assess Family Planning 2020: Rights and Empowerment Principles for Family Planning and identify factors affecting contraceptive use among HIV-infected women living in rural Far Western Nepal.

Design/methodology/approach

This study conducted a cross-sectional survey using self-designed proforma. To assess the association between contraceptive use and independent variables, this study calculated adjusted odd ratio (AOR) with 95% confidence interval (CI) using statistical package for social sciences (SPSS) V.20.

Findings

Only 37.8% of participants had access to full range of contraceptive methods, and only 57.5% of participants received proper counseling. Agency/autonomy, transparency/accountability and voice/participation were practiced by 43.7%, 23.4% and 19.7% of participants, respectively. Husband’s support (AOR = 4.263; 95% CI: 1.640–11.086), availability of FP services in their locality (AOR = 2.497; 95% CI: 1.311–4.754), employment (AOR = 3.499; 95% CI: 1.186–10.328) and postpartum period (AOR = 0.103; 95% CI: 0.023–0.475) were significantly associated with contraceptive use.

Research limitations/implications

Health-care providers’ and program managers’ perspectives were not examined.

Practical implications

Findings of this study will be useful for making strategic plan on human rights-based approach to FP.

Social implications

Expanding access to contraceptive information and services and strengthening autonomy, accountability and participation are key to human rights-based approach to FP.

Originality/value

This study identified that inadequate counselling, nonavailability of full range of contraceptive methods, low level of autonomy, accountability and participation were key bottlenecks in fulfilling human rights-based approach to FP.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 11 August 2020

Riin Alatalu

The purpose of this paper is to discuss the reasons why the human rights-based approach should be used in the preservation of cultural heritage.

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Abstract

Purpose

The purpose of this paper is to discuss the reasons why the human rights-based approach should be used in the preservation of cultural heritage.

Design/methodology/approach

The article is a combination of an essay and illustrative case studies. The thesis is based on experience in heritage protection on national and international level and the discussions of the “Heritage and Human Rights” training in Estonia 1.-6.05.2019.

Findings

Cultural heritage is the common good regardless of its ownership. The protection of something, especially in living environments, includes compromises in the rights of one or another counterpart. Restrictions are often ground for conflicts that can be settled with good communication, but sometimes just communication is not enough. In these cases, human rights-based approaches enable to identify the problems, scale the rights of different stakeholders and thus enable discussion to reach consensus.

Practical implications

The research is useful for heritage conservationists, policy makers and urban planners with regards to management and implementation of human rights-based approach and community involvement in heritage protection on World Heritage, national and local levels.

Originality/value

The research is a part of a series of discussions, trainings and project reports of the Our Common Dignity – Rights Based Approaches (OCD-RBA) working group of the International Council on Monuments and Sites (ICOMOS) and contributes to the follow-up activities worldwide.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. 11 no. 2
Type: Research Article
ISSN: 2044-1266

Keywords

Article
Publication date: 5 July 2013

Rory Hearne

This article aims to explore the concept of achieving the “right to the city” for marginalised communities. It uses human rights instruments and regeneration best practice to…

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Abstract

Purpose

This article aims to explore the concept of achieving the “right to the city” for marginalised communities. It uses human rights instruments and regeneration best practice to develop a toolkit of indicators for urban regeneration. The article contributes to the literature on realising economic, social and cultural rights encompassed in the “right to the city”.

Design/methodology/approach

The article adopts an interdisciplinary approach, involving human rights law, urban planning, housing studies, community development, housing law and social policy. It draws on primary qualitative (participative and observatory) research undertaken by the author while implementing a human rights based approach in an Irish inner‐city local authority estate from 2009 to 2013.

Findings

The human rights framework can be adapted to develop a set of measurable regeneration indicators. This article suggests that the application of this rights toolkit provides a greater potential for regeneration to meet human rights standards, and therefore, realise the “right to the city” in practice.

Research limitations/implications

The application of the human rights based approach to urban regeneration would benefit from wider empirical testing on its suitability for implementation in other countries and global regions. It would benefit from critical engagement with human rights practitioners, community groups, and state agencies seeking to realise the “right to the city”.

Originality/value

This is the first known academic attempt to explore the pathway of a human rights based approach to urban regeneration in order to realise the “right to the city” in practice.

Details

International Journal of Law in the Built Environment, vol. 5 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Open Access
Article
Publication date: 20 November 2023

Budi Utomo, Sukma Rahayu, Elvira Liyanto, Nohan Arum Romadlona, Dewi Nuryana, Riznawaty Imma Aryanty, Melania Hidayat, Anggraini Sariastuti, Maria Gayatri and Robert Magnani

Indonesia subscribes to rights-based principles of family planning. However, a chasm between principles and practice has long been noted on a global basis, and progress has not…

Abstract

Purpose

Indonesia subscribes to rights-based principles of family planning. However, a chasm between principles and practice has long been noted on a global basis, and progress has not been well-documented. This paper aims to assess the extent to which the Indonesian national family planning program has evolved in a manner that is consistent with rights-based principles.

Design/methodology/approach

The primary source of data was five Indonesian Demographic Health Surveys undertaken from 1997 to 2017. The analyses were organized around three major categories of family planning-related human rights. Trend analysis and logistic regression were used in analyzing the data.

Findings

Indonesian women have considerable autonomy in family planning decision, reporting that family planning decisions were mainly made by themselves or jointly with their spouse. Although contraceptive method awareness and demand for family planning are high, Indonesia fares poorly with regard to informed choice in contraceptive method selection. Access to family planning services is comparatively high as judged by contraceptive prevalence, family planning demand satisfaction and unmet need for family planning. However, significant geographic and socioeconomic inequity were observed on many indicators, with eastern Indonesian provinces consistently lagging behind.

Research limitations/implications

This paper focuses on married couple, as Indonesia has a restrictive policy to limiting access and information of family planning for other groups, unmarried youth in particular.

Originality/value

This paper makes an important contribution to document how effectively the prohuman rights policy orientation toward family planning has been translated into services.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Book part
Publication date: 28 August 2015

Jenina Joy Chavez and Nicola Piper

At global fora which discuss the regulation of international migration the Philippine government is typically hailed a “good practice example” for its institutional as well as…

Abstract

At global fora which discuss the regulation of international migration the Philippine government is typically hailed a “good practice example” for its institutional as well as legal framework and proactive interest in the welfare of its citizens. The Philippine history of migration policy making is indeed shaped by a shift from “exporting workers” to an increasingly comprehensive rights-sensitive approach that addresses most aspects of migration: the regulation of recruitment agencies, pre-migration training, insurance systems, overseas voting rights, consular services, social rights of the left behind, and re-integration of returned migrants. This state of affairs, however, has not always been like that and is largely the result of activism by the vibrant migrant rights movement in the Philippines which reaches across the world. The case of the Philippine also shows mixed approaches to government-social movement relations, characterized by both pressure politics and critical engagement.

Considerable gaps and loopholes remain in this web of rights-based policy aspects. Structural weaknesses are major problems that need to be addressed if labor migration is to evolve into a truly choice-driven economic decision. Still, comparatively and historically speaking, the Philippines have come a long way. The combined effects of leadership from below and leadership from above had led to some concrete results – even if far from perfect – in the betterment of many migrants’ lives.

Details

Asian Leadership in Policy and Governance
Type: Book
ISBN: 978-1-78441-883-0

Keywords

Open Access
Article
Publication date: 6 November 2017

Marlies Hesselman and Lottie Lane

The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law…

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Abstract

Purpose

The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated.

Design/methodology/approach

The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts “human rights-based approaches” (HRBAs) and “direct”/“indirect” human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments.

Findings

IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities.

Research limitations/implications

The findings are of interest to all actors involved in disaster governance, and are instructive for NGOs and businesses seeking to improve the design of disaster management activity. The research addresses only the responsibility of NGOs and private companies, but the framework of analysis set out is equally of interest to other actors’ activities.

Originality/value

The implications of IHRL for NSAs involved in disaster management are still poorly understood, despite their vast engagement. This study contributes by clarifying the roles and IHRL responsibilities of NGOs and businesses specifically, and articulates how applications of HRBAs may improve the protection of persons.

Details

Disaster Prevention and Management, vol. 26 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

Book part
Publication date: 14 September 2018

Nour Mohammad and Yasmin Farjana

The purpose of this chapter is to explain the concept of right to participation from the viewpoint of development and tries to establish nexus between participation and right to…

Abstract

The purpose of this chapter is to explain the concept of right to participation from the viewpoint of development and tries to establish nexus between participation and right to development in context of human rights-based approach and try to establish the co-existence between the two terminologies. The term participation is closely associated with the traditional democratic system; under this system people are entitled to participate in governance system directly or indirectly, which can be dated back from the ancient Greek civilization (Faruque, 2002a). In a democratic system, participation is people central and can be treated as “an valuable module of any system that considers itself a democracy” (Kweit & Kweit, 1981) “corner stone of democracy” (Sherry, 1969) or “instrument of legitimacy of government” (Falk & Strauss, 2000). Participation means a right by which one can exercise his/her function in the society and express his/her view or behavior toward the political system and governance. So the notion of participation is “effective in mobilizing and natural resources and combating inequalities, discrimination, poverty and exclusion” (UN.DOC, E/CN.4/1990/9/Rev. 1, 1990, Ch. 7). However, the concept of participation “should be viewed both as a means to an end and as an end itself” (UN.DOC, E/CN.4/1990/9/Rev. 1, 1990, Ch. 7, para 150). In environmental level, public participation has played a vital role in decision-making for measuring the protection of environment. Public participation in decision-making that affects the environment is recognized in the Aarhus Convention (Convention on Access to Information, 2001).

Details

Stakeholders, Governance and Responsibility
Type: Book
ISBN: 978-1-78756-380-3

Keywords

Abstract

Details

Breaking the Poverty Code
Type: Book
ISBN: 978-1-83753-521-7

Book part
Publication date: 9 May 2017

Thursica Kovinthan and Kisha McPherson

The purpose of this study is to explore the intersection of literacy, technology, and pedagogy and how it can address ethical challenges in schools related to providing inclusive…

Abstract

The purpose of this study is to explore the intersection of literacy, technology, and pedagogy and how it can address ethical challenges in schools related to providing inclusive educational experience for all students. It examines a reading intervention program that combines technology (retrofitted routers and laptops), teacher training, and high-quality educational resources (levelled digital books) to support 40 high school students who are reading 4–5 years below their grade level in two rural Jamaican schools. Drawing on an ethical framework of rights-based education which focuses on inclusive education as a dimension of education quality, the study explores how technology, teacher training, and high-quality educational resources can scaffold the development of inclusive learning environments for struggling readers in Jamaican high schools. Findings reveal that digital tools and technology, along with high-quality resources, improved students reading abilities and confidence as readers; however, it was the relationship and rapport that students developed with the reading teacher that had the greatest impact on students’ engagement and motivation to read. These findings suggest that the ability to work with students who have special needs is an essential skill for all classroom teachers to begin addressing some of the ethical challenges of inclusive education among struggling readers in high school in Jamaica. It also highlights the need to embrace diverse models of inclusive education when working in the global South.

Details

Ethics, Equity, and Inclusive Education
Type: Book
ISBN: 978-1-78714-153-7

Keywords

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