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


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Myanmar is ruled by a military government that is strongly condemned for human rights abuses. In responding to these allegations, the Myanmar government repeatedly adopt the language of Right to Development as a counter perspective and counter allegation. The Right to Development is not well reflected in the Western human rights discourse, and both its development and Myanmar's position in the Right to Development dialogue are considered. This paper looks at the differing perspective that an understanding of the official public Myanmar response to rights allegations brings to the human rights debate surrounding Myanmar, highlighting contested ideas concerning the identity of rights duty-bearers, conceptions of those duties, and allegations of double standards. While the Myanmar position that sanctions violate the Right to Development is rejected, it is suggested that this difference in perspective is a contributor to the impasse and communication gap between the West and the Myanmar regime over human rights.

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Framework for human rights protection in Australia - report of the National Human Rights Consultation Committee - the role of resolution of human rights complaints in the enforcement of human rights - use of alternative dispute resolution (ADR) - current role of the Australian Human Rights Commission (AHRC) - future role as an advocator and crusader for victims of human rights abuses - need for recognition and protection of the special status of the AHRC.

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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.