European Regional Master Degree in Human Rights and Democracy
Coercive Laws as a Result of Stigma and Discrimination Blowing up the Right to Health to Inject Drug Users
Cluster Leader Prof: Amarjit SINGH
April 29, 2005
Number of pages: 16
Table of contents
1. ESCR - a universal challenge4
1.1. Historical overview on the origin of Economical and Social Rights4 1.2. Basic principles of affiliation and differentiation of the ESCR and CPR covenants5 1.3. ESCR as full human rights6
2. Right to health as a human right and its challenges8
2.1. Right to health as presented on the Covenant on ESCR8
2.2. Sources of coercive laws as the obstacles for a right-based approach of implementation of ESCR10 3. Coercive laws on health field as the main tool for violation of human rights for the vulnerable group such as (IDU)11 3.1. Violation of the right to health. v. sensitive vulnerable groups (IDU)12 3.2. New forms “modern slavery” as result of stigma and discrimination toward IDU14 Conclusion15
The Economical Social and Cultural Rights Covenant is a very useful International document of the twentieth century contribution, making it possible for all members of society to enjoy satisfactory conditions of life. The entitlement of these complex and indivisible predictable rights is of undisputable relevance in today civilization furthermore seeing their translation on the local legislations of different states parties or not in the covenant. However, out there are other international documents which try to regulate specific spheres of human lives like drug issues, which contradict in some of their provisions with the ESCR terms, and are expressed through the language of coercive laws which unconditionally drive on violation of specific rights in international and national level, such as right to health and its sub-provision - access to services for drug dependence for a particular vulnerable group as IDU-s are. Periodic implication of stigma and discrimination incorporated within the laws toward drug control issues present the view of some modern forms of slavery in today contemporary society. All the above mention argument will be supported and elaborated in the lines below of this paper - starting first with a short historical background and analytical approach concerning the Covenant on ESCR -followed by the position of the right to health in the international provisions and its coexistence and contradictions with its coworkers on other international documents concerning a specific group, IDUs, - finalized with a bunch of inappropriate violations and their socio-political outcomes as result of stigmatized and discriminated global and home practices directing injecting drug users issues. The most useful references’ source used for completing this paper are taken from potential internet websites such as; International Harm Reduction Development, CEE Harm Reduction Network, etc, as well as articles from authors such as Eide, Asbjorn et.al.Kluwer, and reader’s articles from Steiner, H.J. and P. Alston and Craven, M.C.R, and other international documents such as UDHR and CESCR.
1. ESCR - a universal challenge
The Universal Declaration on Human Rights adapted by the General Assembly in 1948, which remains an important “standard of reference” in the development of national and international human rights norms, recognized two sets of human rights embodied in the two separate covenants which establish legal obligation to which state may bind themselves, such as: 1- International Covenant on Civil and Political Rights 2- International Covenant on Economical Social and Cultural Rights, both adapted on 1966. But there is a long and an ideological battleground till the deserved end of having such International Human Rights Documents, which relation and interdependence is undetectable alike their...
...Review the U.S. Equal Employment Opportunity Commissions website, specifically the section regarding laws as they apply to small businesses. Is there anything on this site that surprised you? Why are small businesses treated differently than large businesses? Why would laws differentiate between the two?
After viewing the Equal Employment Opportunity Office (EEOC) website, the main thing that surprised me was that businesses that employ less than 15 employees are not covered by the EEOC’s laws. I also see little explanation to why they define 15 employees as a small business and why there is such a large difference between the treatment of small and large businesses, and why they should be lawfully different.
There are obviously some reasons behind this; the main difference is the lack resources that smaller businesses have to be able to comply with discriminationlaws.
Smaller business may have difficulty diversifying their work force due to many reasons such as, having a small family business, not being able to always hire the best candidate for every job meaning they often have to resort to hiring people from the same region, therefore not being able to hire people that are from different classes/backgrounds making to it difficult to get people of all classes indiscriminately.
Another reason is that smaller companies lack the ability to hire indiscriminately is the lack of free cash to...
Interview with Aleza Joshstradamus
The purpose of this interview that I've done is to examine the overall view of a young adult of today and her experience with illicit and deviant drugs. A once reserved and modest Mormon girl, I interviewed Aleza Joshstradamus, a long time friend whom I grew up within the Mormon church on her world of drug exploration. Throughout the interview, I conversed with her on topics of like her perception and attitude of drugs, along with her opinion on certain drug policy of today.
Before Aleza took a step into the world of drugs and alcohol, she was and still is today an active member of the Mormon church. In today’s society, more than three-fourths of American adolescents say that religion plays an important part in their lives. In study after study, these young people who report more involved with religion (they attend Sunday services and say their religion influences how they make decisions) are less likely to partake in deviance and illicit drug use (Hart & Ksir 14). However, in this case, my interviewee is the expectation. After her first experimentation with alcohol, her community in the church soon found out via the word of her ex-boyfriend and soon was seen as a fallen and misguided soul. Although, the negativity viewed by her church ward did not cripple her faith in her religion, she claims, “My faith in God is strong. I...
...brief – BTEC (NQF)
Individual Rights in Health and Social Care
Hand in deadline
BTEC First Diploma in Health and Social Care
Unit 8: Individual Rights in Health and Social Care
Learning aims covered
Learning Aim A: Investigate the rights of individuals using health and social care services
Learning Aim B: Examine the responsibilities of employers and employees in upholding service users’ rights in health and social care
You are about to go on work experience at a training centre for young adults with learning disabilities. Some of the young adults also have mental ill health and require medication.
We all have rights
As part of your preparation for work experience, you have decided to produce an information pack on the rights of the young adults who attend the centre. Your information pack should contain:
a summary of the rights of the individuals who use the centre
an explanation of how the rights of individuals can be upheld within the centre; you should refer to three examples here
an assessment of the benefits and potential difficulties of upholding the rights of...
...Mental HealthStigma, Discrimination and Prejudice
Professor Mark Harris
Social Problems 2023
To Fight Stigmas, Start with Treatment
Last fall, British television broadcast a reality program called “How Mad Are You?” The plot was simple: 10 volunteers lived together for a week in a house in the countryside and took part in a series of challenges. The amazing thing was that there were no prizes at the end of the challenges. There was a very interesting concept to the reality show. Five of the volunteers had a history of a serious mental illness, like obsessive compulsive disorder and bipolar disorder, and the other five volunteers did not have any mental illness. The challenges that were meant to elicit latent symptoms included mucking out a cowshed, performing stand-up comedy and taking psychological tests. At the end of the week there was a panel of experts that watched hours of video tape. The panel consisted of 3 people: a psychiatrist, a psychologist, and a psychiatric nurse. The real concept of the show was to see if the panel of professionals could distinguish between who had mental illness and who didn’t. After watching hours of videotape, the experts correctly identified only two of the five people with a history of mental illness. Also they misidentified two of the healthy people as having mental illness. The point that was made is that...
...The stigma of Drugs
DRUG ADDICTION - is a chronic disease affecting the brain, and just about everyone is different. Drugs affect different people in different ways. One person can take and abuse drugs, yet never become addicted, while another merely has one experience and is immediately hooked.
Drug addiction is characterized by a person having to use the drug(s) repeatedly, regardless of the damage it does to:
- Their health
- Their family
- Their career
- Their relationships with friends and the community
Addiction is not limited to drugs and alcohol. People can be addicted to many things, such as food, gambling, shopping, or most anything that gets in the way of a healthy lifestyle. When things get out of hand, and people behave compulsively, regardless of the consequences.
When the person is no longer in charge of their life, regardless of the triggering mechanism, they are addicted. The addiction can take over a person’s entire life.
According to the National Institute on Drug Abuse, drug abuse and addiction are a significant societal burden; the total societal cost is more than half a trillion dollars yearly. Often people characterize drug addiction as a weakness in the user; however, it is a severe brain disease that is difficult to overcome....
HealthLaw: Regulation and Compliance
June 2, 2014
HealthLaw: Regulation and Compliance
Healthcare has brought on rapid changes for all specialties, addressing proficiencies established by medical facilities in caring for increasingly complex patients in this changing environment. Employees are constantly confronted with legal and ethical dilemmas in clinical decision making; in addition those professionals need to be aware of the way in which the law regulates their professional careers. Legal and ethical issues have been an increased concern when having to produce important decision in their clinical careers. Furthermore, all healthcare professionals are individually accountable through the law to their patients (McHale & Tingle, 2009). Medical professionals can be sued directly by their patients due to their neglect making him or her responsible; furthermore government has been addressing many of the perceived needs of the employee by involving the employer through laws since 1964.
Employment Legal Issue
St John’s Hospital; a seven hospital system has agreed to settle a class action lawsuit for $13.6 million that alleged hospitals in the Detroit, Michigan area have conspired to keep wages for nurses artificially low (Greene, 2009).
This lawsuit was transpired based...
EU Law -The fundamental principles as set out in the Charter of Fundamental Rights.
1. A historical development of these Fundamental Rights
The European Union Charter of Fundamental Rights sets out in a single document a range of essential civil, political and social rights protected in the EU. The Charter consists of rights and freedoms divided into six sections: Dignity, Freedom, Solidarity, Equality, Citizens’ rights and Justice. The European Parliament, Commission and Council officially announced the Charter in Nice in December 2000, and at the time had no legal effect.
Within the EU the rights of all citizens were established at varying times, ways and forms. The EU therefore sought to clarify these fundamental rights applicable to the EU in a more accessible form and bring them together into a single document. The Charter is the first EU document to unite and proclaim all the fundamental rights and values citizens of the EU should be permitted. It does not create new rights but instead gathers the current rights that were formerly found in an assortment of legislative sources such as in national EU laws and international conventions from the Council of Europe. The Charter applies to the EU institutions and bodies created under secondary legislation...
...Discuss the various grounds upon which the Court can order that a company be wound up compulsorily.
B.H McPherson defines winding-up as a process whereby the assets of a company are collected and realised, the resulting proceeds are applied in discharging all its debts and liabilities, and any balance which remained after paying the cost and expense of winding-up is distributed among the members according to their rights and interests or otherwise dealt with as the constitution of the company directs.
S213 of the 1963 Act sections a - f specify the grounds for petitioning for a compulsory winding up. The main grounds include companies that have special resolutions, failure to commence business within a defined time limit, lack of members and oppressive operation of the powers of directors.
The most frequently relied upon ground for petitioning to have a company wound-up is S213(e) of the Companies Act 1963, namely that the company is “unable to pay its debts”. The mere existence of a debt however is no guarantee that the court will make a winding – up order. Another interesting ground is where the court considers it "just and equitable to do so" under s213(f). These two areas will be the main areas of focus considered.
S213(e) - Inability to pay debts
The grounds upon which a creditor can petition for winding-up of a company are set out in S.213...