• Title/Summary/Keyword: Rights

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The Construction and Characters of the Welfare Rights (복지권의 구성과 성격)

  • Ahn, Chi-Min
    • Korean Journal of Social Welfare
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    • v.55
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    • pp.5-25
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    • 2003
  • This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.

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Introduction of Human Rights Arguments in ISDS Proceeding (ISDS 절차에서의 인권의 권리 주장)

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.85-114
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    • 2022
  • When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

A comparative study on child rights through the application of a child rights index ('아동권리지수' 적용을 통한 아동권리 비교 연구)

  • Lee, Bong Joo;Shin, Won Young
    • Journal of the Korean Society of Child Welfare
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    • no.58
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    • pp.171-203
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    • 2017
  • There has been a growing number of research about children's development indicators and child well-being indicators. After the Convention on the Rights of the Child (CRC) and concluding observations on the second report of Korea, the effort to monitor and measure children's rights and the use of child rights indicators has increased within policy and academic research. However, few indicators provide a realization of children's rights. The purpose of this paper was to analyze children's own perceptions of their rights and to develop a children's rights index to measure children's rights. In this study, a children's rights index was developed from 38 indicators categorized into nine components and four domains (survival rights, development rights, protection rights, and participation rights) to measure children's rights. Data were gathered from 17,000 elementary and middle school children and their parents in 16 cities. The survey revealed significant differences in the children's rights index by region and age group. There was also a correlation between the economic circumstances of both households and communities and the children's rights index. In the light of the findings, it is suggested that there is a need to increase public investment on children and to raise awareness of children's rights in order to improve children's rights and to decrease disparity.

"Narrating Rights: Literary Texts and Human, Nonhuman, and Inhuman Demands"

  • Kim, Youngmin
    • Journal of English Language & Literature
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    • v.64 no.3
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    • pp.483-530
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    • 2018
  • Unpacking and dispersing rights of various kinds formerly enjoyed by a selected few has been the constant motivation behind the democratization and modernization of human society. Human rights and later civil rights have continuously been constituted and reconstituted in response to the demands of the laboring class, slaves, women, subalterns, animals, and things, expanding beyond the boundaries of class, race, nation, sexuality, gender, species and organism. Calling attention to the ways in which literary and cultural texts have narrated rights so as to inscribe these human, nonhuman, and inhuman demands. Narrating rights offer opportunities to interrogate the lasting contributions of English language and literature to questioning, reforming, and practicing rights. The interrogation is particularly pertinent in this age in which revised and dispersed rights are creating new conflicts, requiring them to be narrated differently and imaginatively so as to allow all the parties in conflict to participate in working out the conflicts. With the 2017 theme of "Literature and Human Rights," JELL editorial collective hope to explore the relationship between literature and human rights in its multiple simultaneous, and plural manifestations in an open platform. "Narrating Rights" is a double-edged task that, on one hand, reflects the singular life conditions or contexts of a human, inhuman or nonhuman being and, on the other hand, aspires to the perpetual process of rights' universal application. Eleven out of all the keynote speakers at the 2017 ELLAK Convention were invited to this roundtable on Literature and Human Rights. The following transcription includes the dialogues of the eleven discussants.

Human Rights Sensitivity of Undergraduates in Social Welfare Classes : Focused on Adult Learner in On-line University (사회복지과목 이수 대학생의 인권감수성에 대한 탐색적 연구 : 원격대학 성인학습자를 중심으로)

  • Park, Hyungwon
    • The Journal of the Korea Contents Association
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    • v.13 no.8
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    • pp.191-200
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    • 2013
  • This study set out to explore the human rights sensitivity of undergraduates who were in the social welfare classes with regards to socio-demographic factors, education experiences in human rights. 251 students' data were collected and analyzed with frequency, ANOVA. Analysis revealed that students' human rights sensitivity level was 2.70(moderate) and the respondents showed high level of sensitivity in work rights of emigration workers and education rights of handicapped children. Among demographic variables, human rights sensitivity was significantly different from major and experiences of attending a social welfare ethics. The students who majored social welfare and who had attended a social welfare ethics showed high human rights sensitivity. There were differences in human rights sensitivity level according to each episode. These findings highlight that in the education of social worker as a human rights professionals it would be necessary to respect students' rights in the classes and to provide student customized human rights education. It was suggested that learning human rights dilemma cases and self reflection processes in classes would be necessary to effective human rights education.

Effectiveness in the Converged relationship between human rights sensitivity and patient rights awareness through nursing students' human rights sensitivity improvement education (간호대학생의 인권감수성 향상교육을 통한 인권감수성과 환자권리 인식의 융합적 관계에서 효과성)

  • Burm, Eunae;Chun, YeolEo;Choi, Ae-Sook;Gu, Jeung-Ah
    • Journal of the Korea Convergence Society
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    • v.11 no.11
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    • pp.81-88
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    • 2020
  • In this study, an attempt was made to prepare an effective human rights sensitivity education plan for nursing students. This study was before and after a non-equal control group that identified human rights sensitivity and patient rights awareness. As a result of the study, the human rights sensitivity of the subjects averaged 40.22 out of 90 points. The effect on human rights sensitivity through case-based human rights sensitivity education showed that students who received training to improve case-based human rights sensitivity improved human rights sensitivity and patient rights awareness than those who did not(t=2.765,p=.006, t=-5.768,p=.000). As a result of this study, it is considered that the foundation of the curriculum to improve the human rights sensitivity of nursing students should be prepared. We propose a later study on the relationship between clinical practice and human rights sensitivity.

Factors Influencing Mental Care Facility Workers' Rights Guarantee for People with Mental Disorder (정신요양시설 종사자의 정신장애인에 대한 권리보장 영향요인)

  • Kim, Kyung-Mi;Lee, Jeong-Sook
    • Journal of the Korea Convergence Society
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    • v.12 no.6
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    • pp.241-248
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    • 2021
  • The purpose of this study was to investigate the factors affecting the rights guarantee of people with mental illness among mental care facility workers. The subjects of this study were 132 mental care facility workers, and the research tools were rights and protection-related characteristics, rights recognition, and rights guarantee. The data were analyzed with descriptive statistics, t-test, one-way ANOVA, Pearson's correlation coefficients, and multiple linear regression using the SPSS/WIN 24.0 program. The result showed that the difference in rights guarantee relating to general characteristics were significant differences in religion. There were significant positive correlations among rights recognition and rights guarantee. The factors influencing the rights guarantee were rights recognition, recognizing the need to advocate rights, and religion. Based on the research results, it is necessary to improve recognition and actively advocate rights through continuous education in order to strengthen the rights guarantee of people with mental illness. Enhancement of rights guarantee will help people with mental disorder recover.

A Study on Specialized Human Rights Education for Practicing Aviation Security Personnel's Human Rights Perspective (항공보안요원 인권관점 실천을 위한 특화된 인권교육에 관한 연구)

  • Young-Chun Kim;Min-Woo Park;Wontae Park
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.30 no.4
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    • pp.117-131
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    • 2022
  • Human rights education is to acquire understanding and knowledge about human rights, to develop values, attitudes and character that respect human rights, to develop the ability to overcome human rights violations and discriminatory acts, and to protect and promote the human rights of others. In order to prevent human rights violations of the transportation vulnerable, such as the disabled, it is necessary to develop specialized human rights education plans for aviation security personnel to practice human rights perspectives. Therefore, in accordance with the 「National Civil Aviation Security Education and Training Guidelines」, specialized human rights education should be included in the initial aviation security education and regular education courses. The point is that there is a need to reexamine the aviation security education program for aviation security personnel based on the essential knowledge and educational contents for aviation security personnel to perform security screening tasks in the aviation security education course. When this happens, various efforts must be made to improve the human rights of the transportation vulnerable, such as the disabled, during the security screening process, so that human rights violations will be significantly reduced. In particular, it is necessary to enhance the ability to detect dangerous terrorist items such as weapons or explosives that can be used for illegal sabotage through practical security screening training. For aviation security and aircraft safety, efforts to improve the quality of aviation security personnel training, such as human rights training, must be continuously made while thoroughly preparing for terrorism in advance.

Study on the improvement of the technical issues and multicultural education from the perspective of human rights (인권의 관점에서 다문화 교육의 문제점과 개선방향에 관한 기술적 연구)

  • Shin, Kyoung-Jou;Shin, Myoung-Chul
    • Journal of Industrial Convergence
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    • v.12 no.2
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    • pp.54-62
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    • 2014
  • The significance of the research is to leverage on the policy makers and school education, and research in terms of human rights issues and for the improvement of multicultural education by seeking an effective training plan with the purpose of the present study it. The efforts to address human rights issues through real multicultural care center starts with the question of human rights education in multicultural education methodology that can protect the human rights of migrant workers, immigrant youth in a multicultural society such situation in Korea by. Accordingly we suggest that it is appropriate to human rights education in the moral multicultural care center for human rights education. Cant because the regular students on the basis of morality that respects the human rights of migrant workers, immigrant adolescents 'human rights' training done 'pursue human rights' migrant worker, immigrant youth in their own rights, as well as multicultural education is through morality The Seen to suggest ways through the development of multicultural education issues and the results of these studies.

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The effects of mothers' perception of children's rights on children's happiness in early childhood (유아기 자녀를 둔 어머니의 아동권리 인식이 자녀의 행복감에 미치는 영향)

  • Choi, Junghwa;Kim, Jeongwha
    • Korean Journal of Childcare and Education
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    • v.17 no.6
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    • pp.133-148
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    • 2021
  • Objective: This study is to confirm the effect of mothers' perception of children's rights on the happiness of infants under the UN Convention on the Rights of the Child. Methods: This study was conducted on 383 mothers with children aged 3 to 5 attending daycare centers in Jeollanam-do, South Korea. Results: First, the difference in perception of children's rights according to the mother's general background did not show a significant difference in the mother's perception of children's rights, and the child's sense of happiness showed a statistically significant difference in the mother's education and child's gender. Second, there was a positive correlation between the mother's perception of child rights and the child's sense of happiness. Third, the effect of mothers' perception of child rights on children's happiness was significant, and in the sub-factors, it was found that the perception of participation rights had a significant effect on children's happiness. Conclusion/Implications: In this study, it was confirmed that mothers' perception of children's rights is important in promoting the happiness of early childhood children. Through this study, we would like to raise the need for parental education based on education on children's rights for mothers' awareness and practice of children's rights.