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Article
Publication date: 13 July 2015

Taixia Shen

There has been a lack of human rights education for a long period since New China was founded. Human rights education appeared at the university level in the 1990s, and has…

Abstract

Purpose

There has been a lack of human rights education for a long period since New China was founded. Human rights education appeared at the university level in the 1990s, and has developed quickly over the past decade in mainland China. The purpose of this paper is to argue that human rights education in mainland China has had its own characteristics and problems during its development, and intends to identify and solve its problems in order to achieve sustainability.

Design/methodology/approach

First, this paper surveys the development of human rights education in mainland China. Second, it summarizes its characteristics and problems objectively, and then gives some ideas and suggestions for its future sustainable development.

Findings

Human rights education in mainland China has seen great improvement, although it also has its own characteristics and has had problems during its development. The ideas about and approaches to human rights education development in mainland China should be adjusted. Ensuring and promoting the respect of human rights in society is the main goal of human rights education. Balanced development, independent development, the encouragement of and investment by the government and society in the subject and the high quantity and quality of available human rights teachers are the guarantees for a sustainable model of human rights education in mainland China.

Originality/value

This paper studies the history and current situation of human rights education in mainland China, summarizing its characteristics and existing problems completely and objectively. This paper states that human rights education in mainland China should change its theories and its approaches to development.

Details

Asian Education and Development Studies, vol. 4 no. 3
Type: Research Article
ISSN: 2046-3162

Keywords

Abstract

Details

The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Book part
Publication date: 4 May 2020

Verónica Michel

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO…

Abstract

In a country where judicial institutions are known to be inefficient and where activists have traditionally not engaged in legal mobilization, what explains the emergence of NGO strategic litigation? The author argues that a change in the legal opportunity structure impacts how activists interact with the legal system. Comparing two states in Mexico, the author demonstrates that the introduction of private prosecution rights opened the door for activists to litigate femicide cases. The emergence of strategic litigation has helped improve compliance with international human rights law and has had a demonstration effect on how to use the law to press for accountability.

Article
Publication date: 1 May 2006

Terry Collingsworth

This paper aims to examine the impact of a US law, called Alien Tort Statute (ATS), on the overseas operations of multinational corporations with regard to human rights abuses

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Abstract

Purpose

This paper aims to examine the impact of a US law, called Alien Tort Statute (ATS), on the overseas operations of multinational corporations with regard to human rights abuses. The law has the potential of creating substantial financial liabilities and operational risks for the multinational corporations (MNCs) by allowing foreign citizens to bring cases in the US courts for acts committed in a foreign country.

Design/methodology/approach

The paper reviews the relevant case law and the decisions of the US highest court in outlining the expanding scope of corporate culpability and financial liability.

Findings

The paper undertakes a careful critique of the arguments made by the MNCs as to the scope and reach of the law. It concludes that these arguments are not tenable in terms of MNCs' own professed commitment to protecting human rights. It also finds that the law's intent as interpreted in various decisions of the US federal courts has led to further clarity and specificity as to obligations of the MNCs.

Originality/value

MNCs must take concrete steps to ensure that their overseas operations are not implicated in human rights abuses. Specific approaches are suggested to comply with the law.

Details

Corporate Governance: The international journal of business in society, vol. 6 no. 3
Type: Research Article
ISSN: 1472-0701

Keywords

Book part
Publication date: 10 July 2014

Klaus Beiter

Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely within…

Abstract

Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely within a state for the purposes of study, teaching and research. Articles 12 and 13 of the International Covenant on Civil and Political Rights of 1966 protect the right to freedom of movement and the right of aliens not to be arbitrarily expelled from a state, respectively. Any person may rely on these provisions to claim various stated entitlements related to freedom of movement. International human rights law does not, however, offer (clear) protection where an alien wishes to enter a state. It appears, however, that Article 26 of the International Covenant on Civil and Political Rights, prohibiting discrimination on the ground of, amongst other things, ‘political or other opinion’, may be relied on to prevent states from restricting the entry of scholars solely on the basis of the academic opinions they hold or views they have expressed. The right to freedom of movement of scholars – conceived as a right to academic mobility – forms a part of the right to academic freedom. International human rights law does not accord express protection to this right. Whereas the right to freedom of opinion and expression in Article 19 of the International Covenant on Civil and Political Rights may be relied on to protect a multitude of facets covered by the right to academic freedom, Article 13 of the International Covenant on Economic, Social and Cultural Rights of 1966 on the right to education may, in fact, be seen to constitute a complete locus for the right to academic freedom.

Details

Academic Mobility
Type: Book
ISBN: 978-1-78350-853-2

Abstract

Details

Crime and Human Rights
Type: Book
ISBN: 978-0-85724-056-9

Book part
Publication date: 2 September 2009

Ruth A. Miller

This is an essay that will be misinterpreted. Before I even mention genocidal rights, I want to make clear what my argument is not. First, my argument is not that genocide has not…

Abstract

This is an essay that will be misinterpreted. Before I even mention genocidal rights, I want to make clear what my argument is not. First, my argument is not that genocide has not happened or does not continue to happen. Second, I will not suggest that genocide is not a serious crime. Finally, I will not try to develop a theory of victimhood – to challenge the centrality of the victim in discussions of genocide. Rather, my interest here will be the uncomfortably intimate relationship between genocidal violence on the one hand and the elaboration of civil, sovereign, and human rights on the other.

Details

Special Issue Revisiting Rights
Type: Book
ISBN: 978-1-84855-930-1

Article
Publication date: 15 March 2013

Natalie Drew, Michelle Funk, Caroline Kim, Crick Lund, Alan J. Flisher, Akwasi Osei, Sheila Ndyanabangi, Joshua Ssebunnya and John Mayaye

The purpose of this paper is to provide detailed assessments of the mental health laws of Ghana, South Africa, Uganda and Zambia.

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Abstract

Purpose

The purpose of this paper is to provide detailed assessments of the mental health laws of Ghana, South Africa, Uganda and Zambia.

Design/methodology/approach

The mental health laws of four countries were assessed both by country partners and staff of WHO, Geneva, using the World Health Organization (WHO) Checklist on Mental Health Legislation, which examines the level of coverage of key issues in mental health laws.

Findings

The older laws of Ghana, Uganda and Zambia do not address fundamental human rights of people with mental health conditions. South Africa's more recent Mental Health Care Act (2002) incorporates critical human rights standards, though certain provisions fail to adequately safeguard against potential violations. For mental health legislation to maintain currency with human rights standards it must be regularly reviewed and updated.

Originality/value

The findings highlight the urgent need to revise the mental health laws of Zambia, Uganda and Ghana, and to plan ways to address the gaps identified in the relatively new South African mental health law. The entry into force of the United Nations Convention on the Rights of Persons with Disabilities in 2008 signals a new era in how mental health legislation is to be drafted. The identification of gaps in national laws, as has been undertaken by the four countries, is an important first step towards putting in place legal frameworks to promote the rights of people with mental health conditions in line with current international human rights standards.

Details

Journal of Public Mental Health, vol. 12 no. 1
Type: Research Article
ISSN: 1746-5729

Keywords

Article
Publication date: 1 March 2006

Karin Buhmann

The purpose of this article is to discuss the role that law plays for corporate social responsibility (CSR) in substance, action and reporting, including whether CSR functions as

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Abstract

Purpose

The purpose of this article is to discuss the role that law plays for corporate social responsibility (CSR) in substance, action and reporting, including whether CSR functions as informal law.

Design/methodology/approach

The theoretical point of departure is based in legal science. Through a discussion of various contexts of CSR in which law and legal standards feature, the article questions the conception that CSR is to do “more than the law requires”. CSR is discussed with the triple bottom line as a point of departure, focussing on social (esp. labour and human rights) and environmental dimensions.

Findings

It is argued that CSR functions as informal law, and that important principles of law function as part of a general set of values that guide much action on CSR. Furthermore, it is argued that aspects of law in the abstract as well as in the statutory sense and as self‐regulation influence the substance, implementation and communication of CSR, and that the current normative regime of CSR in terms of demands on multinational corporations may constitute pre‐formal law.

Originality/value

Through its discussion, observations and examples of the role played in CSR by law in the abstract as well as the statutory sense, by international, supranational and national soft and hard law and documents, and by public regulation as well as corporate self‐regulation, the paper is of value to corporate managers, public regulators, NGOs and individuals with an interest in CSR, including as an aspect of corporate governance.

Details

Corporate Governance: The international journal of business in society, vol. 6 no. 2
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 4 November 2014

Awal Hossain Mollah

The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate…

Abstract

Purpose

The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate interferences of government. With this aim, several case studies have been done on verdicts of higher judiciary in Bangladesh.

Design/methodology/approach

This paper is an exploratory case study focused on Bangladesh. The paper is qualitative in nature and based on secondary sources of published facts like books, journal articles and Dhaka Law Reports. Information also gathered through Internet browsing.

Findings

Though judiciary is very effective to protect and promote human rights and rule of law in a country through judicial activism or public interest litigation, the role of non-governmental organizations (NGOs) are crucial in Bangladesh. Delay and disposal of cases is one of the great impediments in the process of ensuring human rights in Bangladesh. Besides, negligence in implement the verdict of judiciary and interferences of executive over judiciary is another finding of this paper. Apart from these shortcomings, judicial activism is a very important potential instrument of judiciary to protect and promote human rights and the rule of law in Bangladesh.

Research limitations/implications

The major limitation of this paper is it is based on secondary sources of information. It would have more rich if periodical data can be used for comparing theory and practice.

Practical implications

This paper would be helpful for making a policy for overcoming limitations of judicial activism in Bangladesh to protect and promote human rights.

Social implications

Social awareness can be build-up through NGOs and readers by disseminating and penetrating information of this paper’s findings and recommendations.

Originality/value

This paper would an unique and add new knowledge in the literature of public interest litigation and Human Rights Law in the context of Bangladesh.

Details

International Journal of Law and Management, vol. 56 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

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