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International Covenant On Economic, Social And Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and the right to health, the right to education, and the right to an adequate standard of living. As of July 2020, the Covenant has 171 parties. A further four countries, including the United States, have signed but not ratified the Covenant. The ICESCR (and its Optional Protocol) is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and second Optional Protocols. The Covenant is monitored by t ...
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United Nations General Assembly Resolution
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly. General Assembly resolutions usually require a simple majority (50 percent of all votes plus one) to pass. However, if the General Assembly determines that the issue is an "important question" by a simple majority vote, then a two-thirds majority is required; "important questions" are those that deal significantly with the maintenance of international peace and security, admission of new members to the United Nations, suspension of the rights and privileges of membership, the expulsion of members, operation of the trusteeship system, or budgetary questions. Although General Assembly resolutions are generally non-binding towards member states, internal resolutions may be binding on the operation of the General Assembly itself, for example with regard to budgetary and procedural matters. Notable General Assembly resolutions *1946 ...
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First Optional Protocol To The International Covenant On Civil And Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16/12/1966, and entered into force on 23/03/1976. As of January 2023, it had 117 state parties and 35 signatories. Two of the ratifying states (Jamaica and Trinidad and Tobago) have denounced the protocol. Summary The Optional Protocol establishes an individual complaints mechanism for the ICCPR similar to those of the Optional Protocol to the Convention on the Rights of Persons with Disabilities and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. Parties agree to recognise the competence of the UN Human Rights Committee (HRC) to consider complaints from individuals who claim their rights under the Covenant have been violated. Several complainants must have exhausted ...
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Right To Housing
The right to housing (occasionally right to shelter) is the economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights. The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy. The UN Human Settlement Programme which promotes the right to housing in cooperation with the Office of the High Commissioner for Human Right is a reaffirmation of the 1996 Istanbul agreement and Habitat Agenda. It is known as UN-HABITAT, which is t ...
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Right To Food
The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity and malnutrition.: "What is the right to food?" The right to food does not imply that governments have an obligation to hand out free food to everyone who wants it, or a right to be fed. However, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.: "Right to Food." The right is derived from the International Covenant on Economic, Social and Cultural Rights which has 170 state parties as of April 2020. States that sign the covenant agree to take steps to the m ...
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Parental Leave
Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for small children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law. Unpaid parental or family leave is provided when an employer is required to hold an employee's job while that employee is taking leave. Paid parental or family leave provides paid time off work to care for or make arrangements for the welfare of a child or dependent family member. The three most common models of funding are government-mandated social insurance/social security (where employees, employers, or taxpayers in general contribute to a ...
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Social Insurance
Social insurance is a form of social welfare that provides insurance against economic risks. The insurance may be provided publicly or through the subsidizing of private insurance. In contrast to other forms of social assistance, individuals' claims are partly dependent on their contributions, which can be considered insurance premiums to create a common fund out of which the individuals are then paid benefits in the future. Types of social insurance include: * Public health insurance * Social Security * Public Unemployment Insurance * Public auto insurance * Universal parental leave Features * The contributions of individuals is nominal and never goes beyond what they can afford * the benefits, eligibility requirements and other aspects of the program are defined by statute; * explicit provision is made to account for the income and expenses (often through a trust fund); * it is funded by taxes or premiums paid by (or on behalf of) participants (but additional sources of ...
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Social Security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance programs which provide support only to those who have previously contributed (e.g. most pension systems), as opposed to ''social assistance'' programs which provide support on the basis of need alone (e.g. most disability benefits). The International Labour Organization defines social security as covering support for those in old age, support for the maintenance of children, medical treatment, parental and sick leave, unemployment and disability benefits, and support for sufferers of occupational injury. More broadly, welfare may also encompass efforts to provide a basic level of well-being through free or subsidized ''social services'' such as healthcare, education, infrastructure, vocational training, and public ...
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UN General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Currently in its 77th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter. The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the UN secretary-general, receiving reports from other parts of the UN system, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ wherein all member states have equal representation. The General Assembly meets under its president or the UN secretary-general in annual sessions at the General Assembly Building, within the UN headquarters in New York City. The main part of th ...
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Self-determination
The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It states that peoples, based on respect for the principle of equal rights and fair equality of opportunity, have the right to freely choose their sovereignty and international political status with no interference. The concept was first expressed in the 1860s, and spread rapidly thereafter. During and after World War I, the principle was encouraged by both Soviet Premier Vladimir Lenin and United States President Woodrow Wilson. Having announced his Fourteen Points on 8 January 1918, on 11 February 1918 Wilson stated: "National aspirations must be respected; people may now be dominated and governed only by their own consent. 'Self determination' is not a mere phrase; it is an imperative principle of action." During World War II, the princ ...
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Positive Right
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a ''negative right to x'' against Clay, if and only if Clay is ''prohibited'' to act upon Adrian in some way regarding ''x''. In contrast, Adrian has a ''positive right to x'' against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding ''x''. A case in point, if Adrian has a ''negative right to life'' against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a ''positive right to life'' against Clay, then Clay is required to act as necessary to preserve the life of Adrian. ''Negative rights'' may include civil and political rights such as freedom of speech, life, private property, freedo ...
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Negative Right
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a ''negative right to x'' against Clay, if and only if Clay is ''prohibited'' to act upon Adrian in some way regarding ''x''. In contrast, Adrian has a ''positive right to x'' against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding ''x''. A case in point, if Adrian has a ''negative right to life'' against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a ''positive right to life'' against Clay, then Clay is required to act as necessary to preserve the life of Adrian. ''Negative rights'' may include civil and political rights such as freedom of speech, life, private property, freedo ...
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United Nations Economic And Social Council
The United Nations Economic and Social Council (ECOSOC; french: links=no, Conseil économique et social des Nations unies, ) is one of the six principal organs of the United Nations, responsible for coordinating the economic and social fields of the organization, specifically in regards to the fifteen specialised agencies, the eight functional commissions, and the five regional commissions under its jurisdiction. ECOSOC serves as the central forum for discussing international economic and social issues, and formulating policy recommendations addressed to member states and the United Nations System. It has 54 members. In addition to a rotating membership of 54 UN member states, over 1,600 nongovernmental organizations have consultative status with the Council to participate in the work of the United Nations. ECOSOC holds one four-week session each year in July, and since 1998 has also held an annual meeting in April with finance ministers of heading key committees of the Worl ...
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