Search results for "human right"

La sécurité, la fondation de l'Etat centrafricain : contribution à la recherche de l'Etat de droit

2012

“Ensuring order and security” is a deep-seated desire shared by the whole of humanity. It is therefore reasonable to devote this thesis to the place occupied by insecurity in public debate in the Central African Republic, a state covering roughly the same surface area as France. Security implies that the weight of fear or terror is removed. If order and security are to be genuinely ensured in the Central African Republic, more is required than the absence of bloodshed and the protection of each citizen’s physical integrity. It is also essential that the rights of all be respected and that all citizens should be entitled to the protection of their rights as well as their possessions. Legal s…

Tortura y malos tratos en la España democrática

2020

La tortura en la España contemporánea y democrática es una realidad preocupante, como lo muestran Informes de los más relevantes organismos internacionales en la lucha y prevención de la tortura, como el Comité Europeo para la Prevención de la tortura del Consejo de Europa, ONG, sentencias internas del Estado español y, gravemente, sentencias del Tribunal Europeo de Derechos Humanos. Estas condenas a España del TEDH se producen por la violación del artículo 3 del Convenio Europeo de Derechos Humanos, por no realizar de manera exhaustiva y adecuada las investigaciones ante denuncias por malos tratos y torturas, y la última condena también por tratos inhumanos. Realidades que ponen al desnudo…

The Case Law of the ECtHR in 2020 in the Light of the Principle of Systemic Harmonisation

2021

This article provides for an overview of some relevant developments in the case-law of the ECtHR in 2020. Priority will be given to Grand Chamber judgments and decisions and those of the Chambers deemed to be relevant from a substantial and procedural viewpoint. Given that in 2020 the Steering Committee for Human Rights published its report on ‘The Place of the European Convention of Human Rights in the International and European Legal Order’, the case-law will be selected and examined from the viewpoint of the principle of systemic harmonisation. The aim is highlighting positive and negative examples of application of general international law by the ECtHR, of cross-fertilisation between t…

The Case of the Italian Southern Sea Borders: Cooperation across the Mediterranean?

2008

EUIPO Boards of Appeal in the Light of the Principle of Fair Trial

2022

The EUIPO’s Boards of Appeal are called upon to decide on appeals against decisions by the bodies of ‘first instance’. However, their judicial function has always been denied. Conversely, the essay tends to place the Boards of Appeal of the EUIPO in any case within the concept of ‘court’, as defined by the ECtHR, within the framework of Article 6 ECtHR, because it assesses their independence, impartiality, and in general the guarantees required by the ‘fair trial’, until concluding that it is a paradigmatic model in the overall administration and judicial system. EUIPO Boards of Appeal, European Court of Human Rights, Court of Justice of the Eurpean Union, EU Charter of Fundamental Rights, …

The expansion of early childhood development services and the need to reconceptualize evidence

2017

The provision of early childhood development services is expanding in developing countries. The rationale behind this expansion is rooted in developmental psychology, socio-economic and human rights narratives. However, there are some limitations to this rationale, which are in particular related to the implicit universalism it assumes. This article outlines how early childhood development interventions imply a policing of families and childhood, which calls for a stronger consideration of context. As a consequence, the scope of what counts as evidence in early childhood development research needs to be questioned. The article is a theoretical contribution to the discourse of what early ch…

A Critical Analysis of the Explicit and Implicit Treatment of Human Rights Education in Early Childhood Education Textbooks

2020

The United Nations Convention on the Rights of the Child explicitly recognizes that children are entitled to the full range of civil, cultural, economic, political and social rights. Despite the powerful social function of textbooks in legitimizing cultural norms in primary and secondary education, there has been little attention on human rights issues in early childhood education (ECE) curricular materials. Therefore, this study aims to analyze the explicit and implicit representation of human rights education (HRE) in ECE textbooks. Our quantitative and qualitative results show that ECE textbooks failed to find any explicit mention of children’s rights, an excessive attention focused on t…

Universal Health Coverage for Undocumented Migrants. The Spanish Case

2018

Implementation of the universal right to health, along with the UN’s goal to achieve universal health coverage (UHC), face common challenges to ensuring universal health care entitlement. One of these difficulties is health care restrictions for undocumented migrants. A recent example is the Spanish health care regulation that places universal coverage at risk by restricting access to it by this group. The work herein examines the right to health and UHC’s regulations with the aim of determining if access to health care services for undocumented migrants is indeed recognized and if this recognition could therefore be valid to limit those kinds of measures. The UHC proposal does not sufficie…

Whether and How Social Work Could Address the Long-Term Socio-environmental Risks Caused by the Mining Industry in Northern Finland

2018

Despite underlining the importance of the commitment of states and international organizations, the discourse on human security is seldom explicit about who the actors or frontline workers are that operationalize the framework. One such group of practitioners that is possibly involved, but largely unacknowledged, is social workers, especially as social work as a discipline, profession and social movement has a value base and overall goals that are very similar to the human security approach. In social work, the categories of economic, food, environmental and community security fall within the discourse of human security, particularly with the currently evolving ecosocial (ecological/environ…

Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, the Netherlands and Spain from a Human Rights Perspective

2016

The present study analyzes the preventive health care provisions for nationals and undocumented migrants in Germany, the Netherlands and Spain in light of four indicators derived from the United Nations Committee on Economic, Social and Cultural Rights’ General Comment 14 (GC 14). These indicators are (i) immunization; (ii) education and information; (iii) regular screening programs; and (iv) the promotion of the underlying determinants of health. It aims to answer the question of what preventive health care services for undocumented migrants are provided for in Germany, the Netherlands and Spain and how this should be evaluated from a human rights perspective. The study reveals that the ac…