scholarly journals Justice for All in the Americas? A Quantitative Analysis of Admissibility Decisions in the Inter-American Human Rights System

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 56
Author(s):  
Simon Zschirnt
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Quantitative Analysis ◽  
Overwhelming Majority ◽  
Major Obstacle ◽  
Preliminary Screening ◽  
American States ◽  
Attitudinal Factors ◽  
Negative Rights ◽  
The Impact

The overwhelming majority of unsuccessful petitions in the Organization of American States’ Inter-American human rights system are unsuccessful because they are dismissed at the pre-admissibility or admissibility phase rather than at the merits phase. Although this preliminary screening of applications constitutes the major obstacle to petitioners seeking justice, there has been relatively little scholarly analysis of the potential interplay of legal and attitudinal factors at this phase. That is, whether this phase may be where the biases that the system has been accused of (i.e., bias against leftist regimes and a “hierarchization” of negative rights and liberties over social justice) manifest themselves. This article fills this gap in the literature by undertaking a comprehensive quantitative analysis of Inter-American Commission on Human Rights admissibility decisions that measures the impact of a broad range of factors and compares the dynamics of admissibility decisions with those of merits decisions. In so doing, it places into context backlash against the system that has led to recent changes in the system’s procedures.

The Impact of Social Injustice on Public Health

2019 ◽  
pp. 3-20
Author(s):  
Barry S. Levy
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Equal Opportunity ◽  
The United States ◽  
Social Injustice ◽  
Adverse Health Effects ◽  
Human Needs ◽  
Adverse Health ◽  
The Impact ◽  
The Relationship

Social injustice creates conditions that adversely affect the health of individuals and communities. It denies individuals and groups equal opportunity to have their basic human needs met. It violates fundamental human rights. It represents a lack of fairness or equity. This chapter provides two broad definitions of social injustice. It gives examples of social injustice, both within the United States and internationally. It describes adverse health effects related to social injustice. And it outlines ways in which health professionals and others can work to minimize social injustice and its adverse health consequences. Text boxes describe concepts of social justice, as well as the relationship between science and social justice. The Appendix to the chapter contains the Universal Declaration of Human Rights.

scholarly journals Universality

2010 ◽  
Vol 3 (1) ◽  
pp. 15-25
Author(s):  
Irene Watson
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Court Decisions ◽  
Colonial History ◽  
Aboriginal Community ◽  
Aboriginal Culture ◽  
Court Proceedings ◽  
Aboriginal Law ◽  
Mainstream Society ◽  
The Impact

This article explores the problem of universality and the historical exclusion and translation of Aboriginal perspectives within the context of human rights and social justice. Opinions based upon Aboriginal world views have been largely excluded from Australian mainstream society, and are generally absent for example in court decisions which refer to Aboriginal law, culture, and Aboriginality. In some instances anthropological evidence is given during court proceedings, but that evidence is still treated by Euro-centric perceptions. Translation is sometimes attempted, but it occurs across the expanse of a colonial history and as if Aboriginal culture was embedded and unaffected by the workings of colonialism. In the light of this, there is a need for an analysis of the impact of colonialism and its entrenched powers. But questions arise: to what extent can effective translations occur? How might they be determined, and what might they mean? And it is sure that the exclusion of Aboriginal community voices negates the possibility or capacity for any reliable translation of Aboriginal perspectives.

The Sociology of Punishment and the Effects of Imprisonment on Families

2018 ◽  
Author(s):  
Rachel Condry ◽  
Peter Scharff Smith
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Criminal Justice ◽  
Social Inequality ◽  
Policy Measures ◽  
Sociology Of Punishment ◽  
The Impact ◽  
Criminology And Criminal Justice

This chapter considers the impact of criminal justice and particularly prison upon the families of offenders and the ways in which they are drawn into the realm of punishment. It explores how imprisonment creates, reproduces, and reinforces patterns of social inequality. The chapter shows how prisoners’ families occupy an odd position of an increasing visibility in the academic realm. Much earlier work on prisoners’ families was concerned with identifying the difficulties they faced and how this might be addressed through policy measures. In more recent years, however, studies have begun to explore deeper theoretical, legal, and sociological questions which have important implications for criminology and criminal justice, the sociology of punishment, human rights, and the broader study of social justice.

scholarly journals Amerykańska polityka praw człowieka wobec Argentyny w czasie „brudnej wojny” 1976-1983

Politeja ◽  
2019 ◽  
Vol 16 (2(59)) ◽  
pp. 299-325
Author(s):  
Magdalena Lisińska
Keyword(s):  
Human Rights ◽  
The United States ◽  
Complete Analysis ◽  
The Political ◽  
Military Dictatorship ◽  
Dirty War ◽  
State Terror ◽  
Bilateral Relations ◽  
American States ◽  
The Impact

The U.S. Human Rights Policy Towards Argentina During the “Dirty War” 1976-1983 The paper aims to provide an analysis of the question of violations of human rights during the last military dictatorship in Argentina (1976-1983) and the impact of this problem on bilateral relations with the United States. The article will focus mostly on the presidency of James “Jimmy” Earl Carter. The political line adopted by him, known as “the Carter doctrine” or “human rights policy” was the basis of restrictive attitude towards the Argentine dictators. In order to provide a complete analysis, the topic of the paper was treated broadly, covering not only bilateral, American-Argentine issues, but also multilateral forms of exerting pressure on Argentina, mainly at the United Nations and Organization of American States. The article also provides an analysis of the human rights policy itself, as well as of the state terror introduced by the Argentine military, known as the “Dirty War””.

scholarly journals Is the Inter-American Human Rights System Biased? A Quantitative Analysis of Regional Human Rights Litigation in the Americas

2017 ◽  
Vol 17 (1) ◽  
pp. 51-81 ◽  
Author(s):  
Simon Zschirnt
Keyword(s):  
United States ◽  
Human Rights ◽  
Quantitative Analysis ◽  
The United States ◽  
Cultural Bias ◽  
Anglophone Caribbean ◽  
American States ◽  
Different Types ◽  
Neoliberal Ideology ◽  
Relevant Factors

SummaryAlthough the Organization of American States’ Inter-American human rights system has played a key role in the advancement of human rights, its work has recently become controversial. Some leftist governments have alleged bias, criticizing the system as a politicized one that prioritizes certain rights over others and embodies a neoliberal ideology that reflects disproportionate US influence. The system has also faced perceptions of cultural bias from Anglophone Caribbean states. This article tests the veracity of these allegations using statistical analysis of Inter-American Commission on Human Rights decisions. It finds that, even when controlling for a range of relevant factors, there have been significant differences in the Commission’s receptiveness to different types of claims of human rights violations. However, the Commission’s decisions have not exhibited any political or cultural biases. Also, to the extent there has been bias involving the United States, it has arguably been bias against the United States.

The right to an affordable, secure and decent home for all

Housing Shock ◽  
2020 ◽  
pp. 217-236
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
European Law ◽  
Psychological Approach ◽  
Human Right ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
The Impact

This chapter outlines the centrality of housing as a home for human dignity and wellbeing, using a social justice, human rights and psychological approach to housing. It details the impact of homelessness and housing insecurity on child and family wellbeing. It explains how and why housing is a human right in international law, including the UN definition of adequate housing, and the right to housing in European law and European countries. It details the new housing movement, The Shift and housing strategies based on human rights, key principles of a human rights-based housing strategy. It then outlines the status of right to housing in Ireland, its absence in law, and recent debates around its inclusion in the Constitution. It details the case for why the Right to Housing should be included in Irish law and the Constitution.

The historical development of the concept of rights

2020 ◽  
pp. 15-26
Author(s):  
Peter Herrmann ◽  
Féilim Ó hAdhmaill
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Historical Development ◽  
Critical Perspective ◽  
International Human Rights ◽  
Universal Human Rights ◽  
Micro Level ◽  
International Human ◽  
The Impact

Chapter 1 provides a critical perspective on the historical development of concepts of human rights. It interrogates the concept of universal human rights, the processes that led to their development and the factors which influence both the development and implementation of international human rights mechanisms. It recognises the contribution of philosophical ideas about humanity, equality, democracy, social justice, etc., as well as the impact of human ‘agency’. It argues that such developments do not take place in a vacuum. Social, economic, ideological, cultural, geo-political considerations and the power to do something about them, all ensure that universal human rights are a contested site both at macro-level in their conceptualisation and the development international human rights oversight mechanisms, but also at micro-level when it comes to the enforceability and realisability of rights on the ground.

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