10 fev. PDF | On Sep 1, , Ricardo Ernesto Vasquez Beltrão and others published Cidadania e Direitos Humanos. ALVES, Roseli Teresinha Michaloski. Direitos humanos das mulheres: considerações em torno da conquista da cidadania feminina. Disponível em: < http://. Educação para a cultura da paz, os direitos humanos, a cidadania, da paz, os direitos humanos, a cidadania, a democracia e a integração meteolille.info
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Centro de Integração da Cidadania (CIC): uma experiência inovadora de A não-violência e os direitos humanosmore meteolille.infoe. Direitos humanos: novas dimensões e desafios. Corporate author: UNESCO Office Brasilia , Brazil. Ministry of Justice Special Secretary of Human Rights . Violências e direitos humanos: espaços da educação. Corporate author: Catholic University of Brasilia . Person as author: Caliman, Geraldo . ISBN.
The financial crisis and health care systems in Europe: Trends in health sector reforms in Germany, the United Kingdom, and Spain. Refugee Populations and Health features three analyses that address the social injustices and inequalities in health perpetrated by political, economic, and cultural practices of domination and exploitation of territories and immigrant groups 5 5.
Goulart BG. Multiculturality skills, health care and communication disorders. Castiglione DP. Border policies and health of refugee populations.
Pacheco-Coral AP. Statelessness, exodus, and health: The three articles refer us to the frame of reference proposed by Mann and collaborators in the s 8 8. As explained earlier, the activity one develops on the promotion and protection of human rights is what makes them human rights defenders. Once one finds himself or herself threatened or vulnerable as a consequence of the activities for the promotion and protection of human rights, then there is a legal ground to demand protection from the State, which has the obligation to protect all 91 ibid n 2.
Nonetheless, as explained earlier, although human rights defenders are entitled to enjoy fundamental rights under state protection, their special situation94 has called for the adoption of specific documents designed for their protection.
The crux of the dilemma is that there is no instrument produced by the Organization of American States OAS that specifically regulates the rights of human rights defenders. In any case, it is generally accepted, however, that the various dispositions present in OAS instruments for human rights protection are fully capable of guaranteeing the required legal conditions for human rights defenders95 to demand State effective protection in order to safely continue their work for the protection and promotion of human rights in the Americas.
See also ibid n 6. It represents the legal rupture with the authoritarian regime As it could be expected, it was designed to protect primordially the human rights and fundamental freedoms of everyone under the Brazilian jurisdiction. In this sense, it is the core legal instrument for demanding the access and full enjoyment of fundamental human rights domestically.
However, in reality, it is more than that. It is, in fact, a socio-political instrument with which human rights defenders can demand the protection and promotion of human rights in Brazil. Article 5, Paragraph 1, determines that the provisions referring to fundamental rights and guarantees have immediate application within the Brazilian legal system. This means human rights matters must have prevalence over any other matter in Brazilian constitutional law, which, consequently, impacts the making and further application of infra-constitutional legislation.
The provisions that define the fundamentals rights and guarantees have immediate application. The rights and guarantees expressed in this Constitution do not exclude others deriving from the regime and from the principles adopted by it, or from the international treaties in which the Federative Republic of Brazil is a party. In other words, Brazil must respect, protect and fulfil human rights, and also protect human rights defenders and their work in the promotion and protection of human rights locally, regionally and globally.
Table 1 depicts this below. Human Rights. Human Rights Defenders, Constitution. CEDAW ratified in CAT ratified in Infra-constitutional CRC ratified in CCPR acceded in CRPD ratified in CED ratified in The debate concerns, thus, the obligation of the Brazilian State to assure the necessary conditions in order for everyone under its jurisdiction to enjoy their fundamental human rights.
According to the Constitution — and international and regional human rights instruments ratified by Brazil —, the Brazilian State must guarantee not only the right to life itself, but also and above all, the right to a life with dignity. Moreover, the constitutional principles contained in the Constitution have been set to guarantee the full equivalent to Constitutional Amendments. See also Sarlet Particularly concerning rights that impact human rights defenders and their work, the Constitution guarantees — at least formally — not only the aforementioned right to life with dignity, but also the right to personal integrity and freedom; the right to organize peaceful meetings or gatherings; the right to association; the right to freedom of expression; the right to access public information habeas data ; the right to privacy and to the protection of honour and dignity; the right to a due process of law; the right to access to justice and legal aid; and among other legal guarantees.
The Federative Republic of Brazil, formed by the indissoluble union of the states and municipalities and of the Federal District, is a legal democratic state and is founded on: I - sovereignty; II - citizenship; III - the dignity of the human person; IV - the social values of labour and of the free enterprise; V - political pluralism.
The fundamental objectives of the Federative Republic of Brazil are: The gap between what the constitutional law expresses and its applicability in reality remains enormous. The problem concerns to the fact this legal instrument has significant potential limitations in regard to its broad applicability. It has also provided an overview of the UN and OAS human rights systems as well as the Brazilian legal system, and conducted an analysis of the presented legal frameworks as applied to the protection of human rights defenders in global, regional and Brazilian jurisdictions.
Table 2 describes depicts it below. Available in English at: Once ratified by States and internalized into their respective domestic jurisdictions, these international and regional human rights instruments provide the legal ground to demand States to fulfil their negative and positive obligations towards human rights and human rights defenders.
As it seems, the current specific international human rights instrument available, that is, the UN Declaration on Human Rights Defenders, might not be strong enough — once it is soft law non-binding , not hard law binding — to make States take concrete measures to protect human rights defenders. What does this mean exactly?
It means soft law can be turned into a reference point from which transnational and domestic human rights advocacy networks can exert pressure on States and bring about human rights change. In other words, occasionally soft law can influence policy change domestically.
Although soft law is non-binding, it provides principles and guidance for social movements, transnational and national human rights advocacy networks and UN and inter-American bodies in order for them to exert pressure on national states and bring about policy change.
It seems to be the case of Brazil, which created the Brazilian Programme for the Protection of Human Rights Defenders due to internal and international pressures based on a human rights discourse on the grounds of the UN Declaration on Human Rights Defenders. A specific international human rights instrument could contribute even more to the protection of human rights defenders.
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