Human Rights

  • May 2020
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HUMAN RIGHTS The right to counsel Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel (i.e. lawyers), and if he cannot afford his own lawyer, requiring that the government should appoint one for him, or pay his legal expenses. However, this has not history. In the United States, while the right to counsel in trials by the federal government was recognized by the US Bill of Rights, the affirmation that this right extended to cases tried by state courts (i.e. most criminal trials, including for crimes such as murder in most cases) came much later. While some state supreme courts affirmed this right during the 19th century, it was only in the 1963 decision Gideon v. Wainwright that the American Supreme Court affirmed the right for defendants to have counsel in felony trials.rically always been the case in all countries.

Right to Health The Right to Health was affirmed at the international level in the Universal Declaration of Human Rights, Article 25 in 1948. The article states that "Everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family...". The Preamble to the WHO constitution also affirms that it is one of the fundamental rights of every human being to enjoy "the highest attainable standard of health". Inherent in the right to health is the right to the underlying conditions of health as well as medical care. The United Nations expanded upon the "Right to Health" in Article 12 of the International Covenant in Economic, Social and Cultural Rights in 1966. Not only did this document guarantee the "right of everyone to the enjoyment of the highest attainable standard of health", but it also specifically called for the "provision for the reductions of . . . infant mortality and for the healthy development of the child; the improvement of all aspects of environmental and industrial hygiene; the prevention, treatment and control of epidemic, endemic, occupational, and other diseases; and the creation of conditions which could assure to all medical service and medical attention in the event of sickness." In 2000, the United Nations further expanded upon the "Right to Health" with General Comment No. 14. This more lengthy document expanded upon the original ideas from 1966 by exploring the historical context of this right, further defining the meaning of an adequate health care system, detailing obligations of states and ngo’s, defining violations, and discussing the basics of implementation

The right of children protection Children's rights are the perceived human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child. Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing. "A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." According to Cornell University, a child is a person, not a subperson, and the parent has absolute interest and possession of the child, but this is very much an American view. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. There are no definitions of other terms used to describe young people such as "adolescents", "teenagers," or "youth" in international law.[6]

Right to education The right to education is recognised as a human right by the United Nations[1] and is understood to establish an entitlement to free, compulsory primary education for all children, an obligation to develop secondary education accessible to all children, as well as equitable access to higher education, and a responsibility to provide basic education for individuals who have not completed primary education. In addition to these access to education provisions the right to education encompasses also the obligation to eliminate discrimination at all levels of the educational system, to set minimum standards and to improve quality.[2] The right to education is enshrined in Article 26 of the Universal Declaration of Human Rights and Article 14 of the International Covenant on Economic, Social and Cultural Rights.[3][4] The right to education has also been reaffirmed in the 1960 UNESCO Convention against Discrimination in Education, 1st Protocol of ECHR and the 1981 Convention on the Elimination of All Forms of Discrimination Against Women.[5] The right to education may also include the right to freedom of education.

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