Search results for "Human rights."

Resources to cope with stigma related to HIV status, gender identity, and sexual orientation in gay men and transgender women

2017

The stigma related to HIV status, gender identity, and sexual orientation has negative implications for the quality of life of individuals. A qualitative study was conducted to explore the resources that these stigmatized groups recognize as tools to cope with stigma and maintain their psychological well-being. Four focus groups were conducted with gay men and transgender women divided by HIV status. A thematic analysis revealed that individual, interpersonal, and institutional resources are commonly recognized as coping resources. This article discusses the importance of enhancing self-acceptance, social support, and a legal framework that legitimizes these groups as right holders.

The UN Convention on the Rights of the Child's Role in Litigation Before the Committee of Experts of the African Children's Charter

2020

On the occasion of the 30th anniversary of the UN Convention on the Rights of the Child, this article contributes to a reflection about the Convention's impact on domestic and international case law by investigating its role in, and implications for, litigation before the African Committee of Experts on the Rights and Welfare of the Child. To this end, the analysis starts by tracing the core aspects of the African Charter on the Rights and Welfare of the Child, and by comparing its content to that of the UN Convention. It then investigates the extent to which, in its practice, the African Committee has engaged with (or, indeed, ignored or overlooked) the UN Convention, and critically assess…

The vulnerability to exploitation of women migrant workers in agriculture in the EU: The need for a human rights and gender based approach

2018

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Women’s Rights and Gender Equality, explores the working conditions of migrant women in agriculture in the EU, focusing on some case studies in Italy and Spain. In particular, it aims to examine the factors that render women vulnerable to exploitation, paying attention to gendered dynamics and power relations. The study contends that to prevent and combat exploitation in agriculture it is necessary to implement concerted actions aimed at tackling, from a human rights and gender perspective, the structural factors of a socio-economic syste…

Consent to Treatment and Anamnesis as Problem of Communication with Minor Patients in Healthcare Decision-Making

2016

Abstract Lately lawyers and medical professionals pay more attention too the process of minor patient healthcare. The research shall address the issues of legal relationship between minor patients and medical professionals, consent to treatment of minor patients and communication problems including the scope of information which the doctor can provide to the minor patient’s relatives to protect themselves and patients. Legislation prescribes that the information provided by the medical professional to the minor patient must be not only easy-to-understand, but also be consistent with the patient’s age maturity. However, in Latvia, for example, there are no guidelines that specify how medical…

Environmentally-conditioned human rights: a good idea?

2021

The emergence of the rights of nature is a clear response to the current environmental crisis. But such trend is not to walk alone: it is to be espoused to the many still remaining human rights issues, otherwise the power and credibility of both are at danger. This chapter focuses on one of the many possible points of encounter between the rights of nature and human rights. It explores how they may be combined within biocultural rights—the basket of rights of indigenous peoples and local communities necessary to maintain their role as ecosystem stewards—and tries to understand what the consequences of combining nature and human interests as their foundations may be. In particula…

La riunificazione familiare dello straniero nei trattati sui diritti umani

2010

Family reunification contributes to the integration of aliens in the countries of destination and the development of their personality as well, but it entails the increase in the demand for social facilities. As a consequence States tend to reduce the opportunities for family reunification. The study analyses the activity of the organs of control set up by the international conventions on human rights and aims at identifying the obligations on States’ sovereignty stemming from the rules of these conventions protecting family life or disciplining family reunification. In assessing the lawfulness of States’ rules on family reunification or decisions on individual cases these organs verify whe…

The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values

2009

The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…

Constitutional developments in Latin American abortion law.

2016

Abstract For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries’ high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less res…

Ha ancora una rilevanza la Convenzione sull’eliminazione di ogni forma di discriminazione nei confronti delle donne? Per una sua (ri)considerazione n…

2011

Lo sviluppo resiliente. Diritti umani, inclusione ed esclusione differenziale nelle politiche di capacity development

2019

The relationship between concepts such as resilience, capacity development, empowerment and poverty reduction, and their corresponding practices, works as a matrix of neoliberal subjectivation processes involving both men and women on a global level. In the framework of the human resilience paradigm, the concepts and political practices of development have taken on a particularly strategic value and conceptual meaning, and are producing unexpected effects in term of inclusion, exclusion, abandonment, and exploitation. Analysing capacity development policies as relates to resilience allows us to observe how Governmentality regulates the life and death of people on the global scene of the lat…