scholarly journals COVID-19 and the Human Rights of Nationals Abroad

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 317-321
Author(s):  
Guofu Liu

The COVID-19 pandemic is having serious and disproportionate effects on nationals abroad and their families globally. Many states have adopted positive measures including temporarily suspending forced returns as well providing visa and work permit extensions, temporary residence, or other forms of regular status to ensure that migrants are accounted for in national responses to the pandemic. Nevertheless, the human rights of nationals abroad and nationals with foreign family members have faced significant challenges. Some states have fully or partially closed entry to all of their own nationals and their foreign family members, in violation of nationals’ right to return and their right of family unification. Other states’ nationals abroad have been unable to enjoy the right to an adequate standard of living and the right to health. Many have also encountered the burdens of hate speech in both their home states and the states in which they live, the effect of which has been to undermine freedom of opinion and expression and the right to equality and non-discrimination. This essay identifies and explains these threats to human rights in the era of COVID-19. The essay encourages states to recommit to rights protection.

2021 ◽  
Vol 46 (3) ◽  
pp. 7-26
Author(s):  
Alicja Jaskiernia

Information pollution in a digitally connected and increasingly polarized world, the spread of disinformation campaigns aimed at shaping public opinion, trends of foreign electoral interference and manipulation, as well as abusive behaviour and the intensification of hate speech on the internet and social media are the phenomenon which concern international public opinion. These all represent a challenge for democracy, and in particular for the electoral processes affecting the right to freedom of expression, including the right to receive information, and the right to free elections. It is a growing international effort to deal with these problems. Among international organizations engaged to seek solutions is the Council of Europe (CoE). The author analyses CoE’s instruments, legally binding (as European Convention on Human Rights), as well of the character of “soft law”, especially resolution of the CoE’s Parliamentary Assembly 2326 (2020) Democracy hacked? How to respond? She exposes the need for better cooperation of international organizations and states’ authorities in this matter.


Author(s):  
Gillian MacNaughton ◽  
Mariah McGill

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.


Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mayssa Rekhis ◽  
Sami Ouanes ◽  
Abir Ben Hamouda ◽  
Rym Rafrafi

Purpose This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff. Design/methodology/approach The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention. Findings Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity. Originality/value The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.


2021 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Uche Nnawulezi ◽  
Bosede Remilekun Adeuti

The prospect of achieving sustainable reproductive rights protection in the wake of the COVID-19 pandemic in Nigeria has remained an intractable problem. To identify and recognize reproductive rights, it is necessary to comprehend that reproductive right embraces certain human rights recognized in national and international laws, including international human rights’ documents. This paper examines the existing Nigeria laws on reproductive and health rights and ascertains the extent to which it has continually and predictably addressed the reproductive rights protection problem. There is a significant protection gap in the national human rights architecture. At the international level, among the poorer adolescent girls between the age of 15-19 years, it frequently results in early pregnancy and, of course, unsafe abortion. Thus, this gap relates in particular to questions on lack of access to family planning services. This paper argues that improvement of reproductive and sexual health goes far beyond the right to life and the right to health of women and girls. To guarantee Nigeria's reproductive rights, a more integral response to these critical human rights and development challenges can address Nigeria's protection gap. This paper adopts an analytical and qualitative approach by referring to existing pieces of literature achieved by the synthesis of ideas. This paper concludes that the adoption of a new approach to policies and programs on preventable maternal mortality and morbidity guarantees the right to attain the highest standard of sexual reproductive health in Nigeria. KEYWORDS: Reproductive Rights, Health Issues, COVID-19 Pandemic, Nigeria.


2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).


2020 ◽  
Vol 54 (2) ◽  
pp. 693-708
Author(s):  
Nataša Deretić

This paper attempts to answer the question as to whether the right to "life and death" of a woman (ius vitae ac necis) at the hands of male family members or partners is indeed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of women to the level of "basic human rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Roman ius vitae ac necis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex / current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wander whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can contribute to eradicating this devastating phenomenon in the 21st century.


2018 ◽  
Vol 2 (4) ◽  
pp. 48-60
Author(s):  
Fernanda Fonseca de Oliveira ◽  
Jean Guilherme Oliveira ◽  
Tiago Bonfim Dias ◽  
Mayara Pissutti Albano Vieira

The right to suitable housing has become recognized and accepted by the international community since its inclusion in the Universal Declaration of Human Rights in 1948, whosetext, in its article 25, alleges that everyone has the right to an adequate standard of living for the family’s health and welfare, including food, clothing, medical care and the necessary social services. In Brazil, low constructive and architectural quality mark the production of social housing, culminating on the reduction of the beneficiary’s quality of life and environmental problems. Therefore, the present work aims to submit surveys and analysis of Ana Jacinta housing complex in the city of Presidente Prudente, São Paulo, in order to evaluate the environmental and urban quality of the units delivered to beneficiaries in the early 1990s. The methodology isbased in bibliographic and documentary surveys.


Sign in / Sign up

Export Citation Format

Share Document