Taking older people's rights seriously: the role of international law

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Food Sovereignty and the Recognition of New Rights for Peasants at the UN: A Critical Overview of La Via Campesina's Rights Claims over the Last 20 Years

Abstract

This article explores how human rights framing by the transnational agrarian movement La Via Campesina (LVC) has evolved over the last 20 years. It discusses how the movement has worked towards institutionalizing new categories of rights, such as the ‘right to food sovereignty’ and the ‘rights of peasants’, thereby contributing to the creation of new human rights standards at the United Nations (UN). It also critically addresses some of the challenges the movement has been confronted with when framing its demands in terms of rights. Its overall argument is that LVC has managed to tap the potential of the rhetoric of rights to find common ground, thanks to its innovative use of non-codified rights. This has enabled activists to ‘localize’ human rights and make them meaningful to their various contexts. However, it contends that further advancing the movement's goals will require serious consideration of some of the key limits of the human rights framework.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

Are we doing enough? Stigma,discrimination and human rights violations of people living with schizophrenia in India: Implications for social work practice

ABSTRACT

In India, the human rights of people living with mental illness (PLMI) are poorly articulated and hence less researched. Using in-depth and focus group interviews, this study explores multiple perspectives on stigma, discrimination, and human rights violations of people living with schizophrenia (PLS) within their web of relationships in the city of Mumbai, India. Thematic analysis shows that abusive experiences at home, stigma associated with mental health services and barriers to meaningful employment contribute to human rights violations. Implications for strengthening the role of mental health professionals including social workers to promote, protect and actualize the rights of PLS are stressed.     

Becoming aware of the grand social challenges: how an international and interdisciplinary educational context may broaden students’ perspectives on human rights and public health

ABSTRACT

The understanding of contemporary social problems and challenges in an international and national perspective is a significant issue for social work because of globalisation and social problems are too complex to handle by single actors themselves. The need for interdisciplinary and interprofessional collaboration is important. This paper focuses on experiences from an Erasmus Intensive Programme with the title Human Rights, Public Health and Social Service Challenges on Local Government in the Nordic-Baltic Sea Area. Social work students from different countries interacted with students from other disciplines such as political science, psychology and economy to discuss common challenges and solutions in this field. The analysis of the findings shows students reflect upon human rights issues as universal rights and how challenges presented by contextual differences in preconditions for everyday life between the countries, are reflected from different disciplines/professional perspectives. The paper argues that international and interdisciplinary programmes, where students get the opportunity to meet and to work with overarching and transnational issues, have a great potential for engaging students in global development in a rapidly changing world.     

Economic Rights,Economic Myths,and Economic Realities

Summary

Although the myth is that gay and lesbian people, especially gay men, are affluent and are faring well in the workplace, research shows that they in fact experience wage discrimination and lack many other fundamental rights related to employment. This article reviews the literature addressing gay, lesbian, bisexual, and transgend-ered people as workers, showing the ways in which their economic rights are still compromised in the United States today. The social work profession must understand these realities and seek ways to address them.     

Comprehensive Sexuality Education as a Means of Promoting Sexual Health

ABSTRACT

Various international declarations have called for universal access to comprehensive sexuality education. This article looks at why comprehensive sexuality education is most effective in promoting sexual health and why it should be framed in terms of health, values, development and rights. The lack of recognition of young people as sexual beings and the return of abstinence-only sexuality education are two main challenges for rights-based, comprehensive sexuality education. To address these challenges, stronger international responses are needed to make sexuality education a comprehensive initiative supported by all, both in the community and at the international level. In order to move the agenda forward for better sexuality education, a positive approach that accepts sexual desire and pleasure as essential components of young people's sexuality should be the next step.     

Do disabled people need a stronger social model: a social model of human rights?

Abstract

We introduce the social model of disability by reflecting on its origins and legacy, with particular reference to the work of the Union of the Physically Impaired against Segregation. We argue that there has been a gradual rolling back of the rights and entitlements associated with the social model of disability. Yet no alternative for the social model has been proposed in response to such threats to disabled people’s human rights. Disabled people need a stronger social model that acts as a means to a society which enables and ensures their rights; the right to live a dignified life, as well as to live in an environment that enables people to flourish with disability.     

Embracing the new disability rights paradigm: the importance of the Convention on the Rights of Persons with Disabilities

In 2008 the United Nations Convention on the Rights of Persons with Disabilities (CRPD) commenced operation. The CRPD has created a dynamic new disability rights paradigm that empowers disability people’s organizations and creates a new paradigm for disability scholars. This paper analyses the impact of the CRPD and provides practical guidance as to how this convention can be used to drive change. Prior to this convention, persons with disabilities were protected by a range of general human rights conventions. Despite receiving nominal protection under general human rights conventions, persons with disabilities have had many of their human rights denied to them. The CRPD goes further than merely re-stating rights. It creates a new rights discourse, empowers civil society and renders human rights more obtainable for person with disabilities than any time in history.     

Child Marriage Laws around the World: Minimum Marriage Age,Legal Exceptions,and Gender Disparities

ABSTRACT

The marriage of children below 18 is widely recognized in international human rights agreements as a discriminatory global practice that hinders the development and well-being of hundreds of millions of girls. Using a new global policy database, we analyze national legislation regarding minimum marriage age, exceptions permitting marriage at earlier ages, and gender disparities in laws. While our longitudinal data indicate improvements in frequencies of countries with legal provisions that prohibit marriage below the age of 18, important gaps remain in eliminating legal exceptions and gender discrimination.     

Exploring Attitudes Toward Older Workers Among Australian Employers

Abstract

Research suggests that negative stereotyping is at the heart of age discrimination in not hiring older workers. As the aging of the population creates pressures to maintain older adults in the work force, it is important to gain knowledge of such stereotyping. A random sample of 128 hiring decision-makers across Australian industries responded to a questionnaire that was specifically developed to assess attitudes toward older workers. Results showed systematic negative stereotyping: Respondents indicated that they were unlikely to hire older workers. The likelihood of hiring significantly correlated with employers' attitudes. Specific attributes for which older workers were seen as inferior compared to younger workers included trainability, adaptability, creativity, and interest in new technology. The findings could inform policymakers and be utilized to develop interventions aimed to reduce hiring discrimination.     

Human Rights in the 20th Century

Summary

This article seeks to answer the question raised in its title. To that end, the evolution of the United Nations Universal Declaration of Human Rights is discussed in the context of lesbian and gay rights, internationally and in the United States. The political and psychosocial dynamics of homophobic hatred are addressed, including the correlation of human rights abuses to heterosexism and the denigration of the feminine. The article discusses institutionalized gay oppression that serves to deny human rights, demonizing gay and lesbian people to such a degree that hate crimes become feasible. Finally, the importance of the globalization of non-governmental organizations on behalf of LGBT human rights advocacy is stressed.     

Social Security in Asia and the Pacific

Abstract

In terms of numbers of people, the global challenges facing social security systems are largely Asian. Because of rapid population aging in Asia, while it accounted for 28% of the world's population aged 60 and older in 1985, that percentage will more than double to 58% in 2050. Provident funds are a prominent feature of retirement income systems in the region-Asia and the Pacific contain the majority of the world's countries with provident funds. These programs typically provide lump-sum benefits, and thus, do not provide annuity protection against outliving one's resources. Because of the influence of Confucian philosophy with its emphasis on family responsibility for elders, countries in the region have been relatively slow in developing social security programs. China does not have a social security program for workers who do not work for the government or in government-owned enterprises.     

A Human Rights Approach to Stopping Homophobic Bullying in Schools

SAMMARY

This article examines the development of Winnipeg School Division's groundbreaking program to oppose homophobic bullying by making that struggle synonymous with the defense of human rights. The analysis draws on interviews with key players in the development of the program, committee minutes, newspaper accounts, workshop evaluations and court rulings. The Division's approach involves a range of actions, the mainstay of which is compulsory workshops for all employees, and is supported by various initiatives undertaken by stakeholders outside the Division. The article assesses the strategic merits of the Division's human rights approach to stopping homophobic bullying and argues that curriculum development is still required to achieve the full potential of that approach.     

Subject to a new law: historicizing rights and resistance in Maya anti-mining activism

ABSTRACT

Since 2004, the Marlin Mine, located in North-west Guatemala, has produced conflict between Goldcorp, the Guatemalan state and the primarily indigenous Mayan communities affected by the mine. This conflict has generated local anti-mining movements that organized community consultations which, grounded in indigenous rights law and Mayan decision-making practices, allow affected communities to decide whether or not to permit mining in the region. While communities resoundingly rejected open-pit mining, and while this decision received international support, the Marlin Mine continues operations. Drawing on field research and new developments in philosophies of rights, this paper makes two related arguments. First, Mayan anti-mining resistance must be situated within a broader colonial history defined by exploitation and primitive accumulation. Second, Mayan activism challenges current conceptions of the relationship between rights, cultural identity and political agency; most significantly, Mayans do not only claim rights on the basis of identity, they enact and politicize the form in which these rights potentially take place.     

Organization and Delivery of Long-Term Care in Singapore

Summary

This paper focuses on the Singaporean model of long-term care for older people. With only about 2% of the older population living in institutions, the mainstay of long-term care is community care. The reader is provided an overview of the Singaporean services, including case management, followed by a discussion of the current issues and future challenges. In keeping with the prospect of a rapidly aging population profile, the Singapore government plays a leading role in framing policy and planning for future needs of this sector of the population.     

Who Is Responsible for This?

ABSTRACT

In the context of providing health and human services for older individuals, modern American culture often depends on formally asserting and battling over a clashing array of rights among respective combatants as a first resort at problem-solving. A substantial impediment exists in our cultural environment that discourages families and professionals, and the agencies that employ them, from recognizing and respecting the rights of older persons in a less adversarial and more subtle, sensitive, and flexible manner. This article discusses this barrier, illustrating it in several aging-related settings, and suggests a paradigm for addressing the situation. Then, several current challenges to the rethinking of rights and responsibilities in geriatric and gerontological practice are acknowledged.     

Female genital mutilation and human rights

Abstract

This article evaluates five different discourses on female genital mutilation for affinities with the language of international instruments codifying human rights: an activist physician's fieldwork journal; two novels, one a Lebanese-American's lyrical work largely indebted to a human rights perspective and, in contrast, a Kenyan publicist's fiction which mutes that approach; an American activist's auto-ethnography; paintings by Nigerian artists in an exhibition travelling in Germany; and a letter to the editor of an African American magazine. I read these varied lexica in light of recent literature on female genital surgery that tends to oppose academics, mainly anthropologists captive to their training, to activists impatient with post-modern wavering who claim that global instruments for women's human rights should be enforced to stop genital torture. Creative writing is instrumental in presenting a clear moral imperative confronted by the complexities of human lives.     

Elders and the Courts

Abstract

This article examines how trial courts should address complex issues of an aging society. More older people, living longer, will enter courthouses with underlying problems that will impede effective access and court processes and will require judges to enhance linkages with community health, mental health, and social services providers. The article analyzes how court systems perceive these issues and explores how they have begun to address them. It concludes with an argument in support of innovative new approaches to assist courts in responding to emerging issues of older adults.