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  1. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).Deepa Kansra & Mallika Ramachandran - manuscript
    Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing with the (...)
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  2. Harnessing the Potential of Disability Law (A Disability Studies Perspective).Deepa Kansra & Sanjivini Raina - forthcoming - In Edited Book.
    Disability laws are crucial in ensuring a life of dignity for persons with disability. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...)
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  3. The Convention on the Rights of the Person in Outer Space. Cometan - 2022 - Preston, UK: Astronist Institution.
    The Convention of the Rights of the Person in Outer Space, more informally known as the Space Rights Convention, is a human rights and animal rights document that outlines basic principles, rights and freedoms bestowed to different categories of species in outer space which including on extraterrestrial bodies (both planetary and sub-planetary), synthetic bodies (e.g. space stations), as well as on spacecraft (both commissioned and uncommissioned) travelling through space itself (which is often referred to in the Convention as the interspace (...)
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  4. 2022 Global Religious Recognition Report. Cometan - 2022 - Preston, UK: The Religious Recognition Project.
    Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a new (...)
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  5. Is Law Spiritual?Deepa Kansra - 2022 - In Raman Mittal & Seema Singh (eds.), Law and Spirituality: Exploring the Bonds. Delhi: Mohan Law House. pp. 59-66.
    Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...)
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  6. Monitoring Peace and Security Mandates for Human Rights.Deepa Kansra - 2022 - Artha: The Sri Ram Economics Journal 1 (1):188-192.
    The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence ... (...)
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  7. Taking Account of Psychological Harm.Deepa Kansra - 2022 - Psychology Today.
    Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by human rights principles. One finds (...)
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  8. Fine-Tuning Human Rights for Spiritual Well-Being.Deepa Kansra - 2022 - Psychology Today.
    There are many reasons to suggest that human rights have a spiritual flavor. Grounded in the understanding that individuals and communities have spiritual interests, the idea of human rights has been called upon time and again to protect and provide for them. This development has raised questions about what spiritual interests are and what role human rights can play in this regard. On a cursory glance, linking human rights to spirituality benefits three right-holders: individuals, communities, and humanity as a whole. (...)
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  9. The Asymmetries of Disability Rights Protection in the Inter-American System.Ottavio Quirico & Pablo Cristóbal Jiménez Lobeira - 2022 - In Inclusive Sustainability: Harmonising Disability Law and Policy. Singapore: Springer. pp. 303.
    This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules,3 the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...)
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  10. The Institutional Dictionary of Freedom of Religion or Belief.[author unknown] - 2021 - Preston, UK: Astral Publishing.
    This Dictionary of Freedom of Religion or Belief is published by the Astronist Institution through its imprint press Astral Publishing and will stand as the third entry in the Institutional Reference Works series. This Dictionary of Freedom of Religion or Belief provides a vast selection of terms covering all areas of religious liberty advocacy, the history of freedom of religion, human rights violations effecting religious freedom, current affairs and the mechanisms that the United Nations and other key organisations have put (...)
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  11. The Promises of Standing Rock: Three Approaches to Human Rights.Benjamin Davis - 2021 - Humanity 12 (2):205-225.
    Any appeal to a right raises the question of a corresponding duty. If one bears a right, then who bears the duty to respect, protect, and enforce that right? In this essay, I contend that human rights claims need not be oriented to or reliant on the state. I start from and conclude with lessons from the 2016 protests at Standing Rock. Standing Rock, I argue, exemplifies critical theory that organizes communities through the language of human rights.
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  12. Conceptual and Institutional Considerations in the Regulation of Technology for Human Rights.Deepa Kansra - 2021 - Indraprastha Technology Law Journal 1 (XIII):13-30.
    Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers a (...)
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  13. The Harmonization of Domestic and International Human Rights Standards on Criminalization of Rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  14. Ein Gesellschaftsvertrag Für Alle. Die Universalität der Menschenrechte Nach Olympe de Gouges.Elisa Orrù - 2021 - Allgemeine Zeitschrift für Philosophie 46 (2):183-206.
    The importance of French revolutionary and philosopher Olympe de Gouges as a pioneer of the women’s rights movement is generally recognised today. In contrast, the significance of her thought for practical philosophy has not yet been fully appreciated. This article aims to bring out the relevance of de Gouges’ writings for practical philosophy both historically and systematically. Drawing on her 1791 text The Rights of Women, this article compares de Gouges’ depiction of gender relationships in the private and public spheres (...)
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  15. Advancing the Human Right to Science Under the International Covenant on Economic, Social and Cultural Rights.Deepa Kansra - 2020 - RMLNLU Law Review.
    At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two interventions with the objective (...)
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  16. Who Are Refugees?Matthew Lister* - 2013 - Law and Philosophy 32 (5):645-671.
    Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...)
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  17. Disability and Universal Human Rights: Legal, Ethical, and Conceptual Implications of the Convention on the Rights of Persons with Disabilities.Joel Anderson & Jos Philips - 2012 - Utrecht: Netherlands Institute of Human Rights.
    The 2008 UN Convention on the Rights of Persons with Disabilities (CRPD) provides a landmark articulation of the universality of human rights. It affirms in strong terms that all human beings have a claim to full inclusion and equal participation in society, something denied to many because of disability. The CRPD is an ambitious document with far-reaching and fundamental implications. This interdisciplinary collection of essays takes up pressing philosophical, legal, and practical issues raised by the CRPD and the ongoing process (...)
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  18. Disputing the Human Rights Discourse on Property: The Case of Development and Vulnerability in India.Deepa Kansra - 2011 - Indian Law Review 1 (3):129-146.
    Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...)
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  19. Hegel on Recognition: Moral Implications of ‘Lordship and Bondage’ Dialectic.Piotr Makowski - 2008 - Hegel Jahrbuch:119-124.
    An attempt at moral interpretation of Hegelian ‘struggle for recognition’. The Author shows how the Hegelian figures of ‘Lord’ and ‘Bondsman’ (from The Phenomenology of Spirit) can be used to explain social role and importance of the idea of tolerance in the context of (intolerant) group moralities and the universal morality. The text is built of three parts: (1) the author sketches the connection of the traditional idea of tolerance and sociological understanding of morality on the basis of Hegel’s understanding (...)
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  20. Overcoming Temptations to Violate Human Dignity in Times of Crisis: On the Possibilities for Meaningful Self-Restraint.Steven R. Ratner - 2004 - Theoretical Inquiries in Law 5 (1):81-109.
    The codification of international human rights law and international humanitarian law, and the accession to those treaties by a large majority of states, does not at first glance seem to have any significant effect upon states' behavior in situations of crisis. Any understanding of the prospects for such law in these situations requires an appraisal of both the motivations of states in concluding these treaties and the pressures on them to ignore them. This paper analyzes those motivations and temptations through (...)
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  21. Aksjologiczne podstawy Karty praw podstawowych Unii Europejskiej [Axiological Foundations of the Charter of Fundamental Rights of the European Union].Marek Piechowiak - 2003 - Studia Prawnicze 155 (1):5-29.
    Pierwszorzędnym przedmiotem badań są przyjęte w Karcie, wprost lub domyślnie, rozstrzygnięcia typu aksjologicznego. Przez „aksjologiczne podstawy” rozumiane są rozstrzygnięcia dotyczące uznania takich, a nie innych, wartości czy dóbr za przedmiot ochrony; a ponieważ chodzi o „podstawy”, przedmiotem zainteresowania są rozstrzygnięcia fundamentalne w takim sensie, że stanowią one uzasadnienie dla bardziej szczegółowych rozstrzygnięć aksjologicznych i normatywnych. Pozwala to m.in. na formułowanie wniosków co do spójności rozstrzygnięć szczegółowych. Zagadnienie aksjologicznych podstaw obejmuje także problematykę relacji między wartościami a prawami podstawowymi oraz zagadnienie ontologicznego (...)
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  22. The Right to Defend Your Rights: The 4th Branch of Government.Bacrau Andrew - manuscript