This article aims to present an analysis of the evolution and contributions developed and integrated into the corpus of Earth Jurisprudence from practice in seven (7) South American countries where 135 records were found between 2005 and 2023. The case study was carried out using the methodological approach of the qualitative approach, the hermeneutic method, and the documentary review technique. The unit of analysis was based on the recognition of rights to nature, the data and information organized according to legal/political provisions, the state, the actor that initiated the action, and the ecological actor involved. Among the most outstanding findings, it is evident that a large number of records are concentrated in Ecuador and Colombia. The first correlates with the constitutionalization of the rights of nature and coincides with the second as they have been part of the stream known as new Latin American constitutionalism. In addition, a notable jurisprudential development recognizes nature as a subject of rights and declares it a victim of the armed conflict. Bolivia, which also joined this emerging denomination, has a different tendency than it had in its beginnings, not as the two countries mentioned above have done. Brazil stands out for its considerable increase in such legislative recognition. Argentina has a stronger emphasis on animal law. Peru has an incipient contribution to some regulatory implementation. Finally, Chile, the most laggard, tries it with a new constitution that recognizes these rights without having the approval at the ballot box. It is concluded the need to elevate the rights of nature and animals to constitutional status, claiming indigenous and ancestral cosmogonies regionally since it includes a legal stability that would facilitate the work of judicial and legislative actors and decision-makers for developing public policies, which would contribute to the practical development of the new Latin American constitutionalism and the Earth Jurisprudence.
Manual scavenging refers to the practice of manually cleaning, carrying, disposing or handling human excreta from dry latrines and sewers. It is one of the most dehumanizing and deplorable practices that violate basic human rights and dignity. This practice is linked to India’s caste system where so-called lower castes are expected to perform this job. Despite being outlawed in 1993, manual scavenging continues to exist in India due to socio-economic discrimination and lack of rehabilitation of manual scavengers. This paper attempts to provide an in-depth understanding. The harsh realities by qualitative systemic review of manual scavenging in India and how it negatively impacts human rights. It reviews relevant literature on the prevalence, causes, adverse effects, and laws against manual scavenging. The results indicate that manual scavenging is still practiced across many states in India. Manual scavengers face grave health hazards and socio-economic hardships. The laws against manual scavenging have failed to abolish this practice due to administrative apathy, lack of rehabilitation support for liberated scavengers, and continued prevalence of dry latrines necessitating manual disposal of excreta. The paper emphasizes the need for more concerted efforts by the government and civil society to end manual scavenging to uphold human rights, dignity, and justice for all. There is an urgent need for extensive awareness campaigns, social support, and proper rehabilitation of liberated scavengers into alternative professions.
The article undertakes an exploration into the rather unexpected progressiveness exhibited by courts across the globe in bestowing protection upon LGBTQ rights. A three-pronged study, which encompasses an examination of the theoretical rationales, empirical investigations, and doctrinal underpinnings of the augmentation of LGBTQ rights in diverse locales, is executed. It is hypothesized that a prima facie paradox emerges, whereby LGBTQ rights have been safeguarded and advanced in an extraordinary fashion, while concurrently, a discernible general trend of deviation from liberal constitutionalism, rights safeguarding mechanisms, and the rule of law is observable in other arenas. This article scrutinizes this contention and discovers that it is substantiated by case law from various regions. Critical theory and Butler’s theory of performativity potentially offer the most cogent explanations for this paradox. They have led to the social embrace of LGBTQ rights, while simultaneously, the enactment or amplification of these rights even in illiberal states furnishes an effortless ‘triumph’ for illiberal political actors, which can be employed as a countermeasure against assaults on their liberal and democratic reputations.
This study aims to identify gaps in Indonesia’s national social health insurance scheme (Jaminan Kesehatan Nasional or JKN) in meeting the right to health for disabled persons in the country and to propose strategies to mitigate the gaps. This study employed descriptive qualitative methodologies. A questionnaire survey and structured interviews were undertaken from the period of October to December 2021, with a purposive sample of 317 disabled persons at their working age. Data collection also included on-site observations to sample of healthcare providers in six provinces and focused group discussions with key stakeholders. This study found that JKN is the primary source of hope for disabled persons. Nevertheless, approximately ten percent of disabled persons have been omitted from the scheme. Moreover, respondents of the survey expressed notably lower satisfaction level compared to the national average. Meanwhile, 25% of them also reported that JKN did not cover certain disability-specific benefits. The findings suggest that the national social health insurance scheme is not well prepared to offer disability-inclusive services. Thereby, policymakers should implement various interventions to improve the admission processes for disabled persons and to develop a system to identify disabled members based on their specific disabilities. Additionally, stipulating standards for disability-friendly minimum services for healthcare providers and incorporating the standards into the credentialing systems, providing regular training on disability-friendly services for healthcare personnel, also enhancing benefits coverage for disabled members in the Indonesian Case Base Groups (INA-CBGs) are the necessary strategies to mitigate the gaps.
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