Drug control, human rights, and the right to the highest attainable standard of health: a reply to Saul Takahashi

A recent article in this journal challenged claims that a human rights framework should be applied to drug control. This article questions the author’s assertions and reframes them in the context of socio-legal drug scholarship, aiming to build on the discourse concerning human rights and drug use. It is submitted that a rights-based approach is a necessary, indeed obligatory, ethical and legal framework through which to address drug use and that international human rights law provides the proper scope for determining where interferences with individual human rights might be justified on certain, limited grounds.

Human rights and mortgage repossession: beyond property law using Article 8

Following the Supreme Court decisions in Manchester CC v Pinnock and Hounslow CC v Powell, this article examines the possible impact of Article 8 of the European Convention on Human Rights and Fundamental Freedoms upon protection of the home in creditor repossession proceedings. The central argument advanced is that, although occupiers may not all be protected through property law, they may enjoy an independent right to respect for their home under Article 8, which should be acknowledged in the legal frameworks governing creditor's enforcement rights against the home. The article suggests that the most common creditor enforcement route, through mortgage repossession proceedings, falls short in this regard. It takes as its primary focus the treatment of children in such proceedings to provide an example of the potential for a human rights-based property protection heralded by these two Supreme Court decisions.

Human rights and the treatment of sex offenders

Human rights create a protective zone around persons and allow them the opportunity to further their own valued personal projects without interference from others. All human beings hold human rights and that includes sex offenders, although some of their freedom rights may be legitimately curtailed by the State. In this paper we apply the concept of human rights to sex offenders. First we briefly analyze the concept of human rights, their structure, and justification. Second, we apply our own model of human rights to the assessment and treatment of sex offenders. We conclude that a significant advantage of a human rights approach is that it is able to integrate the value and capability aspects of offender treatment.

Human rights and the right to development : insights into the Myanmar government's response to rights allegations

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.

Human rights and rehabilitation outcomes

Purpose. The aim of this article is to introduce rehabilitation professionals to the rapidly growing literature on human rights particularly as it relates to health and rehabilitation. The article aims to stimulate further discussion and debate concerning the place of human rights in rehabilitation practice.

Method. Some important milestones in the recent history of the human rights movement are briefly outlined, and some important terms in the rights literature are explained. The Ward and Birgden model of the structure of human rights is then described as an example of a rights perspective that might have particular relevance for health and social services and rehabilitation.

Results. A rehabilitation case study is presented as an example of how the Ward and Birgden model could have practical relevance when deciding on the most important outcomes for an individual in rehabilitation.

Conclusion. Human rights are playing an increasing role in the struggle to improve health and healthcare globally. They also have important implications for rehabilitation practitioners and researchers and should form the core of any ethical framework for rehabilitation. It might even be argued that rights and dignity are themselves valued outcomes for rehabilitation.

Human rights and dignity in offender rehabilitation

The concept of human rights is a moral (and legal) one that that is intended to safeguard provision of the social, economic, environmental, and psychological goods necessary for a dignified human life. Over the last 3 years, several papers on the implications of rights-based thinking for the assessment and treatment of offenders have appeared. In this paper, I draw from this work—in particular, the conceptual model developed by Ward and Birgden (2007)—and examine its practice recommendations and implications. First, I analyze the concept of dignity and its role in human rights thinking. Then the Ward and Birgden model of human rights is outlined and ethically justified. Finally, I discuss some of the major assessment and treatment consequences of this human rights approach.

Human rights and correctional clinical practice

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.

Human rights and trafficking in persons in the Americas: summary and highlights of the Hemispheric Conference on International Migration

Includes bibliography