The concept of human rights: doctrinal approaches

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

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Komu służy prawo? Libertariańska koncepcja Alberta Jaya Nocka

Studia Iuridica Lublinensia ◽

10.17951/sil.2021.30.4.225-239 ◽

2021 ◽

Vol 30 (4) ◽

pp. 225

Author(s):

Olgierd Górecki

Keyword(s):

Natural Law ◽

First Generation ◽

The State ◽

Positive Law ◽

The Government ◽

The Concept Of Law ◽

Object Of Study ◽

The Individual ◽

The Relationship ◽

Concept Of Law

Albert Jay Nock (1870–1945) was a prominent opinion journalist of the first half of the 20th century, considered a representative of the first generation of libertarianism. The article is aimed at finding an answer to the question: Whom – according to Nock – does law serve? A key element of the problem is the internal dichotomy of the concept of law, which not only can be seen through the prism of the positivist-legal paradigm, but also constitutes the pillar of the jusnaturalistic concept. To properly arrange the object of study, the thesis was used according to which in Nock’s doctrine the existence of radically different assessment of the nature of man and his individual goals from the nature of the functioning of the State allows us to demonstrate the dichotomy of two opposing legal orders that serve the welfare of different entities (the individual and the State). To systematize the argument, the concept of the individual and his relations with the State was first presented, and then the dichotomy of the government and the State was discussed, which ultimately finally allowed to analyze the relationship between natural law and positive law.

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Endangering the principle of secularity with new legal solutions in the Republic of Serbia

Socioloski pregled ◽

10.5937/socpreg55-32762 ◽

2021 ◽

Vol 55 (3) ◽

pp. 751-770

Author(s):

Miljan Lazović ◽

Dušan Ilić

Keyword(s):

Human Rights ◽

Minority Rights ◽

The State ◽

Religious Communities ◽

The Republic ◽

The Government ◽

The One ◽

The Right ◽

The Relationship ◽

The Church

In this paper, the authors deal with the analysis of new antidiscrimination legal solutions proposed by the Ministry of Human and Minority Rights and Social Dialogue of the Government of the Republic of Serbia, which would redefine the relations between the state and the church. The focus of the research will be especially on those solutions that could threaten, on the one hand, the principle of secularity, and on the other hand, some of the fundamental human rights, such as the right to freedom of thought, conscience and religion. The solutions proposed by the amendments to the Law on Prohibition of Discrimination, it seems, could be problematic from the standpoint of guaranteeing certain fundamental human rights and freedoms, but also the autonomy of churches and religious communities. Some of the proposals made by the Ministry could be seen as an attempt to return the verbal offence to the Serbian legal system. Accordingly, the authors will try to re-examine the possible impact of changes in antidiscrimination legislation on the relationship between the state and the church, but also on the possible suppression of religious rights and freedoms in the Republic of Serbia in the coming period.

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THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

EurasianUnionScientists ◽

10.31618/esu.2413-9335.2020.1.79.1032 ◽

2020 ◽

Vol 1 (10(79)) ◽

pp. 12-18

Author(s):

G. Bubyreva

Keyword(s):

Russian Federation ◽

The State ◽

Educational Process ◽

Wide Range ◽

The Family ◽

The Russian Federation ◽

The Government ◽

The Individual ◽

The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process. The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

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Chapter Twenty-Four. Harmonising The Individual Protection Regime: Some Reflections On The Relationship Between Human Rights And International Humanitarian Law In The Light Of The Right To Life

The Diversity of International Law ◽

10.1163/ej.9789004180390.i-676.145 ◽

2010 ◽

pp. 399-418

Keyword(s):

Human Rights ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Right To Life ◽

Individual Protection ◽

The Individual ◽

The Right ◽

The Relationship

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THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

Jurnal Ilmiah Kajian Keimigrasian ◽

10.52617/jikk.v1i2.33 ◽

2018 ◽

Vol 1 (2) ◽

pp. 169-178

Author(s):

Muhammad Azzam Alfarizi

Keyword(s):

Public Policy ◽

Human Rights ◽

Service Needs ◽

Human Beings ◽

The Third ◽

The Core ◽

The Government ◽

The Individual ◽

The Right ◽

Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values which are the core values of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values are in line with the values contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.

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Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

Al-Milal: Journal of Religion and Thought ◽

10.46600/almilal.v2i1.68 ◽

2020 ◽

Vol 2 (1) ◽

pp. 121-141

Author(s):

Osama Sami AL-Nsour

Keyword(s):

The State ◽

The Past ◽

Islamic Thought ◽

State And Society ◽

The Government ◽

The One ◽

The Individual ◽

Islamic Civilization ◽

Political Economic ◽

The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

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The Politics of Paternalism

Government Paternalism ◽

10.23943/princeton/9780691164373.003.0009 ◽

2015 ◽

Author(s):

Julian Le Grand ◽

Bill New

Keyword(s):

Well Being ◽

The State ◽

The Government ◽

The Individual ◽

The Right ◽

Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

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Basic Income as a Human Right?

Tax, Inequality, and Human Rights ◽

10.1093/oso/9780190882228.003.0025 ◽

2019 ◽

pp. 541-552

Author(s):

Daniel J. Hemel

Keyword(s):

Human Rights ◽

Public Goods ◽

The State ◽

Human Being ◽

Basic Income ◽

Human Right ◽

Global Commons ◽

The Public ◽

The Individual ◽

The Relationship

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.

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The Circulation of Value in Civil Society and the State

Hegel's Value ◽

10.1093/oso/9780197532539.003.0007 ◽

2021 ◽

pp. 222-275

Author(s):

Dean Moyar

Keyword(s):

Civil Society ◽

Living Organism ◽

The State ◽

Executive Power ◽

System P ◽

Full Structure ◽

The Government ◽

The Individual ◽

The Right

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

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An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

10.26686/wgtn.16947322 ◽

2021 ◽

Author(s):

◽

Mark Prebble

Keyword(s):

New Zealand ◽

Policy Development ◽

Personal Information ◽

Integrated Approach ◽

Well Being ◽

The State ◽

Philosophical Foundations ◽

The Government ◽

The Individual ◽

The Right

This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.

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