THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS - A CONTEMPORARY PERSPECTIVE

2020 ◽  
pp. 81-92
Author(s):  
Jedrzej Skrzypczak
2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


2018 ◽  
Vol 47 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Emma Stone Mackinnon

This article argues that the Universal Declaration of Human Rights (UDHR), by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I consider the drafting of the UDHR, using as an entry point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights.


Author(s):  
Carozza Paolo G

This article examines the issue of human dignity in relation to human rights. It analyses the functions and principle of human dignity and its use in the Universal Declaration of Human Rights and other international instruments. It suggests that human dignity seems to help justify expansive interpretations of human rights and strengthens the centrality and importance of the right in question and limiting possible exceptions or limitations to that right. This article also contends that the difficulty of reaching greater consensus on the meaning and implications of human dignity in international human rights law may be attributed to the fact that it refers to both a foundational premise of human rights and to a principle that affect interpretation and application of specific human rights.


1999 ◽  
Vol 48 (1) ◽  
pp. 49-59
Author(s):  
Willem J. Eijk

Notwithstanding its impressive achievements in combating crimes against humanity, the Universal Declaration of Human Rights offers no sufficient basis for medical ethics. It does not provide a clear definition of the human being who is subject of human rights, thus giving room for philosophical anthropologies according to which fetuses or neonates are no human persons yet or at most ‘marginal persons’. Because the Declaration likewise fails to define the concept of right, it can be interpreted from the perspective of classical theories of right as well as from that of the ‘choice theory of right’. If, as the last states, the right to life would include the right to dispose of it, the Declaration could serve to defend euthanasia, assisted suicide and manipulative medical and surgical interventions as well.


2018 ◽  
pp. 43-60
Author(s):  
GERMANA AGUIAR RIBEIRO DO NASCIMENTO

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.


2009 ◽  
Vol 15 (1) ◽  
pp. 5-8
Author(s):  
David Robie

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart informa tion and ideas through any media and regardless of frontiers.- Article 19, Universal Declaration of Human Rights When military strongman Commodore Voreqe Bainimarama staged his creeping coup d’état on 5 December 2006—Fiji’s fourth in two decades—he was quick to declare: ‘We will uphold media freedom’ (cited in Foster, 2007). Barely two and a half years later, when he finished off the job with a putsch—dubbed ‘coup 4.5’ by some—and after having expelled three publishers, two New Zealand diplomats and five journalists over the intervening period, he told Radio New Zealand freedom of speech ‘causes trouble’ and must be curbed to allow the military government do its work (Bainimarama: Free speech ‘causes trouble’, 15 April 2009).


2021 ◽  
Vol 3 (1) ◽  
pp. 33-58
Author(s):  
Darren Ekema Ewumbue Monono

The right to nationality, enshrined in art 15 of the Universal Declaration on Human Rights, is absent in the 1981 African Charter on Human and Peoples’ Rights, known as the Banjul Charter. On-going efforts by African institutions to address this gap, with a view to eradicating statelessness in the continent have, however, focused on the right to nationality as an individual right. This has undermined the spirit of the Banjul Charter, which consecrates peoples’ rights as an African specificity. This article highlights the Banjul-led African human rights system and its specificities of human rights, particularly with regard to collective community and peoples’ rights. Based on the recognition and communitarian theories, it examines different concepts related to collective rights and highlights the manifestation of peoples’ rights in African case law. It then analyses the nexus between peoples’ rights to nationality and statelessness in the continent. It concludes that the eradication of statelessness by 2024 in Africa cannot be effective unless the focus is on peoples’ collective rights to nationality.


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