The right to adequate housing in International Human Rights Law: Polish transformation experiences

AbstractHousing rights are now one of the most fundamental social and economic human rights. It is therefore the duty of every country to implement such rights for its own citizens, irrespective of its economicdevelopment, political situation, or social conditions. Possession of appropriate living conditions determines, in fact, the possibility of using other, more advanced human rights (e.g. the right to health, right to development, right to peace, or access to culture). Realization of the right to adequate housing is increasingly problematic for developed countries. According to the United Nations, there areover 100 million homeless people worldwide and more than 1 billion inadequately housed. Poland is an example of a country particularly afflicted by housing problems after the Second World War.Experiences of Polish democratic transformation after 1989, therefore, provide interesting lessons (and warnings) for all countries wishing to deal with the social problems arising from housing difficulties.Keywords: right to adequate housing, human rights, housing rights, social transformation, transition, economic and social human rights, social issues, Poland, United Nations, communism.ResumenEl derecho a la vivienda es uno de los derechos humanos sociales y económicos más elementales. Por lo tanto, es un deber de todos los países implementar esos derechos para susciudadanos y ciudadanas, independependientmente de su desarrollo económico, situación política, o condiciones sociales. La posesión de adecuadas condiciones de vida determinala posibilidad de utilizar otros derechos humanos más avanzados (por ejemplo, derecho a la salud, derecho al desarrollo, derecho a la paz, acceso a la cultura). La realizacióndel derecho a una vivienda adecuada es cada vez más problemática para los países desarrollados. Según las Naciones Unidas, hay más de 100 millones de personas sin hogar en todo el mundo y más de 1000 millones alojadas en viviendas inadecuadas. Polonia es ejemplo de un país particularmente afectado por los problemas de vivienda después de la Segunda Guerra Mundial. Experiencias de la transformación democrática de Polonia después de 1989 ofrecen lecciones interesantes (y advertencias) para todos los países que deseen hacer frente a los problemas sociales derivados de las dificultades de vivienda.Palabras clave: derecho a la vivienda, derechos humanos, transformación social, transición, derechos económicos y sociales, cuestiones sociales, Polonia, Naciones Unidas, comunismo. 

Exploratory spatial analysis of social and environmental factors associated with the incidence of Ross River Virus in Brisbane, Australia

We used geographic information systems and a spatial analysis approach to explore the pattern of Ross River virus (RRV) incidence in Brisbane, Australia. Climate, vegetation and socioeconomic data in 2001 were obtained from the Australian Bureau of Meteorology, the Brisbane City Council and the Australian Bureau of Statistics, respectively. Information on the RRV cases was obtained from the Queensland Department of Health. Spatial and multiple negative binomial regression models were used to identify the socioeconomic and environmental determinants of RRV transmission. The results show that RRV activity was primarily concentrated in the northeastern, northwestern, and southeastern regions in Brisbane. Multiple negative binomial regression models showed that the spatial pattern of RRV disease in Brisbane seemed to be determined by a combination of local ecologic, socioeconomic, and environmental factors.

The adjustment of leadership styles in intercultural workplace – some evidences from the multinational construction companies in Hong Kong

This study investigates the existence of intercultural adjustment in the multicultural construction workplaces by examining the leadership orientations (task-/people-orientation), communication and conflict resolution skills (high/low-context culture), and power relationship styles (high/low power distance) of local Chinese and the British expatriate project managers in the multinational construction companies in Hong Kong. A sample of project managers (N = 40) and their subordinates (N = 61) were surveyed using the structured questionnaires. Statistical techniques (independent-samples t-test, and Pearson correlation analysis) were employed to evaluate the data. The results revealed a number of interesting findings. First, it was found that both project manager groups equally considered the importance of task performance and interpersonal relationship. The results of correlations analysis provide support for the linkages of the length of working abroad with the change in task/people orientation for Chinese and expatriate managers. The analysis revealed that those Chinese managers who have the longest length of time living or working in Western countries tended to measure higher on task-orientation. Similarly, those British expatriate managers who have the longest period of working in Hong Kong tended to be less task-orientated. Second, local Chinese managers were found to be more confrontational when they strongly disagree with their team members than their British expatriate counterparts. It would appear that stress from project deadline which increase the directness and terseness in communication acts, and retain the composure of project managers in dealing with the subordinates. Finally, our findings show that there is significant difference between local Chinese and British expatriate managers in their power relationship with subordinates. This implies that although the intercultural adjustment might influence perceptions of local and expatriate managers, some dominant deep-rooted cultural values and beliefs are still not easily altered. Conclusions are presented along with suggestions for future studies.

Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States

More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.

Regulating Multi-National Corporations Through State-Based Laws : Problems with Enforcing Human Rights Under The Alien Tort Statute

Under the Alien Tort Statute United States of America (“America”) Federal Courts have the jurisdiction to hear claims for civil wrongs, committed against non-American citizens, which were perpetrated outside America’s national borders. The operation of this law has confronted American Federal Courts with difficulties on how to manage conflicts between American executive foreign policy and judicial interpretations of international law. Courts began to pass judgment over conduct which was approved by foreign governments. Then in 2005 the American Supreme Court wound back the scope of the Alien Tort Statute. This article will review the problems with the expansion of the Alien Tort Statute and the reasons for its subsequent narrowing.