106 resultados para human rights, human dignity, constitutional rights, international human rights, legal history


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Provides a synthesis of human rights theory and human services practice and offers a rights based model to aid professional decision making and practice.

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Issues related to human rights have increasingly moved to the forefront of professional concern in recent years. Despite this, there has been minimal attention paid to exploring how changing human needs across the lifespan impact upon human rights. This paper takes a broad look at human rights issues that occur across the life course, and uses examples of life course transitions to illuminate issues related to moral rights and human rights. The examples include family formation, raising children, adolescent maturation in the context of youth offending and grandparents parenting their grandchildren. Each example explores the contestable rights and responsibilities of children, young people and adults and the ways in which these are negotiated within the context of the family.

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The formulation of human rights theory and policies represents an ethical advance and promises to supply a framework for resolving ethnic, social, and individual conflicts. Ethics is essentially a means for coordinating the conflicting interests of peoples and nations and human rights provide a strong foundation to do this in multiple domains. Our aim in this paper is to apply a human rights perspective, in association with a justifying theory and set of goods, to the correctional arena. First, we discuss the definition of human rights, their proper analysis and justification. We then apply the results of our discussion to the assessment, treatment, and monitoring of offenders. Finally, we consider the policy, research, and intervention implications of a human rights perspective for correctional practitioners.

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Human rights create a protective zone around people and allow them the opportunity to further their own valued personal projects without interference from others. In our view, the emphasis on community rights and protection may, paradoxically, reduce the effectiveness of sex offender rehabilitation by ignoring or failing to ensure that offenders' core human interests are met. In this paper we consider how rights-based values and ideas can be integrated into therapeutic work with sex offenders in a way that safeguards the interests of offenders and the community. To this end we develop a rights-based normative framework (the Offender Practice Framework: OPF) that is orientated around the three strands of justice and accountability, offender needs and risk, and the utilization of empirically supported interventions and strength-based approaches. We examine the utility of this framework for the different phases of sex offender practice.

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Restorative justice has gained significant momentum as a justice reform movement within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Although claims about the role of restorative justice in protecting human rights are repeatedly made in the restorative justice literature, they are seldom supported by empirical evidence or a thorough analysis of human rights and their justification. In this paper, we discuss how the assumptions underpinning restorative justice practices impact on offenders' human rights, and their points of convergence and divergence. We argue that while these assumptions can protect certain offender rights, they may violate others. We finish with some suggestions about how to reconcile the tensions between human rights and restorative justice, focusing in particular on the relationship between community needs and individual well-being.

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Human rights create a protective zone around persons and allow them the opportunity to further their own valued personal projects without interference from others. In this paper we apply the concept of human rights to people with an intellectual disability. First we briefly analyze the concept of human rights, their structure, and justification. Second, we directly apply our model of human rights to persons with an intellectual disability and argue that it has the resources to bridge the perceived gap between rights and needs and to offer practitioners ethically defensible practice guidance. We supplement this abstract analysis with a case example. Finally we conclude with some reflections on the future of a human rights viewpoint in the arena of intellectual disability.

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The unanticipated rise of religious diversity and the re-entry of religion to the public sphere have radically increased the need and demand for education about religions – how they contribute to social and cultural capital – and about the management of religious diversity. The global movement of people and cultures has brought religious diversity to nearly every major city. With diversity has come a renewed interest in the religious identity of others and how to incorporate religious diversity in ways that produce social cohesion. Religious diversity has also raised interest in a values discourse where once atheistic secularity prevailed, made faith-based social and health service delivery both more appealing to governments and more difficult to deliver, and has challenged societies to accommodate a wider range of religious needs and lifestyles. Policies designed to promote social justice and peace have little chance of success without taking seriously the religious dimensions to the issues involved. This context makes clear the need for opportunities to learn about the religions in a society at all levels of education – opportunities that include direct experience of the ‘other’, curricula that appreciate the worlds of faith, spirituality and religion rather than demeaning them, education that provides both historical depth and local reality. Some of this education will be in school, some in remedial work required for a generation or two of leaders who have been raised in ignorance of religion, or trained to despise it.