An Analysis of The International Covenant on Economic, Social, and Cultural Rights

Neither Jill nor Thomas suffers from any debilitating sickness that impedes their daily functioning. The couple has already produced a child with the assistance of a simple infertility treatment. Thus, the insured’s inability to reproduce without the use of the Protocol I procedure, beyond the treatment that has already been covered by Clarion, does not constitute a true illness. In this vein, Thomas’s insurance company reserved the right to refuse reimbursement for the procedure, which was deemed medically unnecessary. Before undergoing this treatment, the couple should have been advised to submit a prior authorization request by the ordering physician in order to avoid claim

“In the United States, 15 states have laws that fail to protect women with disabilities from involuntary sterilization” (Against her will). Sterilization of disabled women in the United States should not be allowed. It denies disabled women the rights of having children. It is sexist to force women to get sterilized but men do not have to get sterilized. Women should have the right to have children, no matter if they have a disability or if something is wrong with her. The United States has used forced sterilization along with other countries in North and South America, along with places such as Asia and Africa.

Be that as it may recreational clients of Uavs weighing short of what 35 kilograms — considered "model airplane" in government terms — needn 't bother with authorization from the elected division to send their remote-controlled gadgets undetermined.

Solinger’s (2015) statement provides us with a historical example of the same tactics that the state of Texas has used. Although the AMA was not attempting to protect women’s health, they framed this as their main concern (Solinger, 2015). Abortion was criminalized in the U.S. by the early 1900s, with sterilization the main form of pregnancy prevention (Solinger, 2015). Sterilization was used on those who were seen as “undesirable” or “unfit” parents, which included racial and ethnic

The case of A.C.L.U and Planned Parenthood v. Pence has brought attention to the Supreme Court with the question of which of the two is of greater importance: the duty to honor the woman’s autonomy versus the duty to respect potential life. Indiana’s governor, Mike Pence, has signed a House Enrolled Act No.1337 to amend the Indiana health code, which will go in effect on July 1 of 2016. The act affects abortions in several ways which include that doctors much provide perinatal hospice care information to women considering abortion after receiving a diagnosis of a lethal fetal anomaly, prohibits all abortions solely based on fetus’s race, color, national origin, ancestry, sex, or diagnosis of the fetus having any disability, and lastly requires the women to take responsibility financially for the disposal of the remain of any abortion or miscarriage. After the act was signed into law, A.C.L.U of Indiana and Planned Parenthood of Indiana and Kentucky sued Governor Pence on the grounds that the law was unconstitutional. The A.C.L.U and Planned Parenthood won in the district court. The case was appealed to the 7th Circuit Court of Appeals and was reversed. Today, the court responds to the petitioners’ appeal by holding that Indiana’s House Enrolled Act No.1337 is unconstitutional. This decision stems from the recognition that the law while attempting to do its duty

Discrimination – According to Showalter (2012), The guaranty of “equal protection of the laws is a pledge of the protection of equal laws”. When the law lays an unequal hand on those who have committed intrinsically the same quality of offense and sterilizes one and not the other, it has made as invidious a discrimination as if it had selected a particular race or nationality for oppressive treatment. It is also an unmistakable discrimination to sterilize those who committed larceny but provides immunity to embezzlers (p.

This would be the case as while they were unable to treat her, they did take the liberty of transferring Samantha Deo to North Beach Hospital, a facility that would treat her. This aligns with the Emergency Medical Treatment and Active Labor Act (EMTALA), which obligates hospitals to treat individuals with an emergency medical condition and if they are unable to treat the individual, stabilize them and transfer them to a facility that will treat them (Pozgar p.293). Assuming that Samantha Deo was stabilized, NNCH followed EMTALA as they fulfilled their obligation to treat and stabilize her by sending to North Beach Hospital, where she was able to get emergency care. In addition, NNCH was not obligated to treat Samantha Deo’s botched abortion, as abortion goes against the bylaws of a Catholic Hospital. No Name Catholic Hospital would be protected under the 14th Amendment, which grants equal citizenship to all persons under the law (Fitzpatrick v. Bitzer). Since the Fourteenth Amendment is in place, their religious rights not to perform treatments related to abortion. Due to the facts that No Name Catholic Hospital followed the policies of EMTALA and have their religious rights protected under the Fourteenth Amendment, they would have the least liability in the Supreme

Carrie Elizabeth Buck was the plaintiff of the United States Supreme Court Case, Buck v. Bell. At the age of 17, Carrie became pregnant as a result of being raped by the nephew of her foster parents. Carrie’s foster parents believed that the pregnancy was due to promiscuity, which led to feeblemindedness. Carrie’s foster parents committed her to the Virginia State Colony for Epileptics and Feeble-Minded shortly after getting pregnant. Following the birth of her daughter, Vivian Alice Elaine Buck was adopted by Carrie’s former foster parents and Carrie entered the colony in Lynchburg. “Shortly after Buck's commitment, Albert S. Priddy, superintendent and physician at the colony, selected her to be the subject of the test case for the constitutionality of Virginia's recently enacted involuntary sterilization statute.” The statue allowed Virginia to forcibly sterilize anyone found to be incompetent due to alcoholism, epilepsy, feeblemindedness, insanity, physical or mental disabilities, or other similar factors. “Behind the law was the eugenic assumption that these traits were hereditary and

When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence.

The Reagan Administration disagreed and argued that, “If a physician or parent chooses to withhold full treatment when the exceptions are not met, they are liable for medical neglect”, (Resnick, 2011). The Baby Doe Rules mandate followed and stated that hospitals that have access or are federally funded, the physicians have the

Economic, social and cultural rights are a set of rights that are recognized protected by international and regional human rights mechanisms. Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, and the right to science and culture. Economic, social and cultural rights also ensure everyone’s ability to participate in the cultural life of society without any discrimination. As years go by, many societies slowly grow to accept the different types of people that live within their nations and therefore it is less common to see people’s rights such as freedom and equality being abused. However, in some societies, some of these rights are still being violated against some specific groups. Providing covenant and international agreements to ensure individuals’ rights, Michael Haas in his book of International Human Rights, as well as Mark Frezzo in his book of Sociology and Human Rights: A Bill of Rights for the Twenty-First Century, provide why international human rights have increasingly risen to world prominence, what is being done about violations of human rights through human rights treaties and covenants, and more importantly, relating to this easy, what might be done to further promote the cause of international human rights so that ,Haitians as many minorities groups in the United States, may one day have their rights respected regardless of who they

You discuss the legal consequences attendant on firing or reassigning a pregnant employee; this includes possibilities such as a wrongful dismissal and an anti

Human rights are universal rights that we are entitled to. It is a freedom that is guaranteed based on the principle of respect for an individual. As mentioned in the preamble of the Universal Declaration of Human Rights, human rights are a “recognition of the inherent dignity and of the equal and inalienable rights of all member of the human family is the foundation of freedom, justice, and peace in the world” (Kent, page 80). When asked what our rights are, we tend to get different answers and meanings. Some people recite the rights that they know; but let’s face it, not everyone knows all of the rights that they truly have. The rights we have consist of many things such as the right of having an adequate food supply. The right to

Issue 1. After recognizing the seriousness and significance of Biff’s plea for help, it can be determined that human rights violations occurred in the case of Biff and the rest of the elves at the factory in the North Pole. In his letter, Biff describes being forced into labor, receiving little pay, and being confined to the factory each day. The conditions described by Biff do not reflect standard or acceptable labor practices, and it is evident that Santa Claus’s factory did not follow peremptory norms or the conditions presented in certain human rights conventions that the North Pole is a party to.

The United Nations’ Universal Declaration of Human Rights stands as the current gold standard for every individual’s rights. Focusing on culture, one may see that cultural rights are not clearly defined and are oftentimes in conflict with other types of rights. In this paper, I will first discuss the United Nations’ use of ‘cultural’ in its universal human rights in relation to the concept of cultural relativism. Then, using South African and American practices, such as virginity testing and discriminatory criminal justice system respectively, I will describe and analyze practices violate the UN’s universal human rights in addition to the practices’ use for the community or society as a whole. Lastly, I will compare the American Anthropological Association’s rights to culture to the UN’s universal human rights by analyzing the limitations of each.