Immigration enforcement should never undermine the right to health

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence Newcastle University ePrints -eprint.ncl.ac.uk Casla K. The rights we live in: protecting the right to housing in Spain through fair trial, private and family life and non-retrogressive measures.

The right to property is part of International Human Rights Law (IHRL). However, the right is conspicuously missing from some fundamental treaties, and there are important inconsistencies in its interpretation by regional and global human rights bodies. In light of the indeterminacy and polysemy of IHRL in relation to property, this paper articulates a proposal to rethink this right taking Economic, Social and Cultural Rights (ESCR) seriously: property is a human right; it includes private property as one of its forms, but this is not the only one; property has a social function; and potential clashes between property and other rights, including ESCR, should be dealt with in accordance with the principles of proportionality and public interest.

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Bullying among peers prevents children from enjoying their human rights in schools without the threat of aggression, harassment and discrimination. However, the States’ duty to protect children from bullying remains loudly unexplored both in academia and in human rights practice. This article begins to fill a gap by articulating the States’ duty to protect children from physical, psychological or relational aggression caused by other children in an educational setting beyond a punitive or individualistic perspective. This is the first study to operationalise the States’ duty to protect children from bullying by examining the reliability of reporting mechanisms, the accuracy and disaggregation of data, and the quality of training for education professionals and future teachers in a country, in this case, Spain. The analysis relies on rigorous empirical research with focus groups and semi-structured interviews with 139 people in three Spanish regions, including parents, children, academics, bullying survivors and education professionals.