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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…

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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: 1 March 2006

Patrick Xavier and Dimitri Ypsilanti

An aspect of spectrum reform receiving increasing attention is the introduction of secondary markets for spectrum in order to enable more flexibility to reassign unused

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Abstract

Purpose

An aspect of spectrum reform receiving increasing attention is the introduction of secondary markets for spectrum in order to enable more flexibility to reassign unused and underused spectrum to users that will use it more efficiently. This paper proposes to focus on the policy issues relating to the development of well‐functioning secondary markets for spectrum.

Design/methodology/approach

The paper reviews developments in the debate over secondary markets for spectrum. It draws together key elements from the academic literature, various government and government‐commissioned reports, and the practical experience of the few countries that have already introduced spectrum trading. There is considerable focus on concerns and potential costs relating to the introduction of spectrum trading and liberalisation. This has a constructive aim – to draw attention to the need to address such concerns in order to facilitate the development of spectrum trading.

Findings

While there is a persuasive case for spectrum trading, countries have been slow to introduce it because of a number of concerns. This paper identifies these concerns and the regulatory framework/policies needed to address them.

Originality/value

The paper distils the policy issues in the debate over spectrum trading and identifies the role that regulators will need to play in the introduction, facilitation and regulation of secondary markets for spectrum.

Details

info, vol. 8 no. 2
Type: Research Article
ISSN: 1463-6697

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Article
Publication date: 6 April 2012

Jo Kidd

This paper seeks to provide a commentary on the previous paper in this issue “Human rights training: impact on attitudes and knowledge”.

232

Abstract

Purpose

This paper seeks to provide a commentary on the previous paper in this issue “Human rights training: impact on attitudes and knowledge”.

Design/methodology/approach

This commentary poses the question as to whether human rights training can have an effect on attitudes towards human rights and, if so, which approach is the most effective.

Findings

The paper outlines the distinction between two different types of approach to human rights training and suggests that the “activist” approach set out by Nancy Flowers would go further towards winning hearts and minds.

Originality/value

This paper focuses on co‐designed and co‐delivered approaches to training and underlines the importance of the need for people with learning disabilities to have the space to tell their own stories.

Details

Tizard Learning Disability Review, vol. 17 no. 2
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 20 May 2019

Nicholas Burton and Cheri Bradish

The purpose of this paper is to explore the development of preventative counter-ambush marketing initiatives and rights protection strategies, providing an historical view…

Abstract

Purpose

The purpose of this paper is to explore the development of preventative counter-ambush marketing initiatives and rights protection strategies, providing an historical view of rights management and the International Olympic Committee’s sponsorship protection initiatives through ambush marketing’s formative years.

Design/methodology/approach

In examining the antecedents and implications of the Canadian Olympic Committee’s (COC) forward-thinking approach to ambush marketing protection, and to explore the development of preventative counter-ambush initiatives, an historical examination of IOC and COC policies and protocols regarding ambushing and sponsorship protection over a 30-year period was undertaken, informing the development of a proposed model of proactive commercial rights management.

Findings

The findings indicate that a progressive shift in the counter-ambush activities of major commercial rights holders may be underway: increasingly, the COC has stressed education and communication as key components of their commercial rights protection strategy, in lieu of enforcing the legal protection provided them by the Olympic and Paralympic Marks Act of 2007. The resultant commercial rights management model proposed reflects this proactive approach, and illustrates the need for events and sponsorship stakeholders to Anticipate, (Re)Act and Advocate.

Originality/value

The study offers a contemporary perspective into counter-ambush strategies within the context of the COC’s brand protection measures and industry practice. The proactive approach to commercial rights management explored represents a significant step in ambush marketing prevention on the part of the COC.

Details

Sport, Business and Management: An International Journal, vol. 9 no. 2
Type: Research Article
ISSN: 2042-678X

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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.

194

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

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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…

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

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Article
Publication date: 27 August 2020

Katrien Steenmans and Rosalind Malcolm

The purpose of this paper is to explore the impact that property rights can have on the implementation of circular waste economies, in which waste is reused, recycled or…

Abstract

Purpose

The purpose of this paper is to explore the impact that property rights can have on the implementation of circular waste economies, in which waste is reused, recycled or recovered, within the European Union’s Waste Framework Directive.

Design/methodology/approach

A theoretical lens is applied to the legal definition as well as production and treatment cycle of waste to understand the property rights that can exist in waste.

Findings

This paper argues that even though different property rights regimes can apply to waste during its creation, disposal and recovery, the waste management regulatory and legal system is currently predominantly set up to support waste within classic forms of private property ownership. This tends towards commodification and linear systems, which are at odds with an approach that treats waste as a primary wanted resource rather than an unwanted by-product. It is recommended that adopting state or communal property approaches instead could affect systemic transformative change by facilitating the reconceptualisation of waste as a resource for everyone to use.

Research limitations/implications

The property rights issues are only one dimension of a bigger puzzle. The roles of social conceptualisation, norms, regulations and policies in pursuing circular strategies are only touched upon, but not fully explored in this paper. These provide other avenues that can be underpinned by certain property regimes to transition to circular economies.

Originality/value

The literature focused on property rights in waste has been very limited to date. To the best of the authors’ knowledge, this paper is the first to consider this question in detail from a legal perspective.

Details

Journal of Property, Planning and Environmental Law, vol. 12 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Book part
Publication date: 12 June 2018

Megan A. Conway

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act…

Abstract

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.

Details

Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

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Book part
Publication date: 4 June 2019

Elena Jenkin, Erin Wilson, Matthew Clarke and Robert Campain

This chapter presents a research method for operationalizing a human rights approach with children with disability in developing countries that confronts the tension…

Abstract

This chapter presents a research method for operationalizing a human rights approach with children with disability in developing countries that confronts the tension between a universal human rights discourse and local knowledge and customs. This research was undertaken in Papua New Guinea and Vanuatu. Through methods of data collection, analysis of data and the dissemination of findings, the focus was on utilizing human rights concepts and ideas in a way that enabled the local meanings and experiences of children to be re-interpreted against the Articles of the Convention on the Rights of Persons with Disabilities (CRPD). Findings could then be presented in a manner that communicated effectively with governments and local and global organizations, while also honouring the particular experiences of children with disability. Such an approach is, of course, subject to critique and ongoing adaptation.

Details

Promoting Social Inclusion
Type: Book
ISBN: 978-1-78769-524-5

Keywords

Article
Publication date: 11 May 2015

Verena Risse

The purpose of this paper is to investigate new welfare indicators, which no longer rely solely on the gross domestic product but provide a more holistic understanding of…

388

Abstract

Purpose

The purpose of this paper is to investigate new welfare indicators, which no longer rely solely on the gross domestic product but provide a more holistic understanding of welfare encompassing aspects such as health status, social inclusion or environmental quality. So far, it remains, however, questionable to what degree these new indicators can serve as an actual political morality.

Design/methodology/approach

To assess this question, this paper proposes to turn to the distinction between right-based, duty-based and goal-based approaches. Assessing welfare in these terms not only suggests itself because of the consequentialist connotations of those alternative formulations that call for happiness or well-being, but also because the distinction allows to consider them in view of some of the central social goods and concerns.

Findings

The analysis shows mixed results. It, first, shows that welfare as political morality is best captured in terms of goals. Still, whatever new indicator one chooses, it must not be conceived as a mere aggregation of particular interests, nor should individuals be sacrificed for the sake of an overall good. This makes it important that subjective rights that function as a counterweight are strengthened.

Originality/value

The assessment of the new welfare indicators in these terms has not been undertaken so far, although they fit the purpose ideally. Thus, from the originality of the method, the originality of the findings follows so that the analysis provides neat categories and conclusions.

Details

International Journal of Social Economics, vol. 42 no. 5
Type: Research Article
ISSN: 0306-8293

Keywords

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