The Rule of Law in Human Rights: For the Purpose of Safeguarding Human Dignity

Author(s):  
Jianwen Zhao ◽  
Qian Sun ◽  
Renwen Liu ◽  
Huawen Liu ◽  
Yiming Wang
2006 ◽  
Vol 18 (1) ◽  
pp. 113-120
Author(s):  
Mihajlo Mihajlov ◽  

Apart from Mukovan Djilas, Mihajlo Mihajlov is considered as the most famous dissident in the Balkans--a former prisoner-of-conscience in Tito's Yugoslavia. This brief but comprehensive, autobiographical retrospective recounts some major hilights in Mihajlov's odyssey ushered in by his intellectual travelogue, Moscow Sunmer 1964, first published in full in The New Leader. Mihajlov became an embarrassment not only to Josip Broz Tito and the Soviet leaders, but also to those in die West who landed Tito's "independent path to socialism." Yet others correctly perceived Mihajlov's quest for freedom of thought, speech, press, association, religious, philosophical and political persuasion as a classic benchmark of basic human rights and freedoms characterizing open, pluralistic, democratic polities. Indeed, the Westem press contributed to the pressure of world public opinion, which helped free Mihajlov, and, as he claims, even kept him alive. In a region divided by inter-ethnic conflict and civil war, Mihajlov's struggle for the rule of law and human dignity epitomizes hopes for a better future.


2019 ◽  
Vol 18 (3) ◽  
pp. 341-358 ◽  
Author(s):  
Moema Bragança Bittencourt ◽  
Maria Inês Amaro

This article seeks to explore the conception of human dignity prevailing among social workers in Lisbon through a qualitative-type study. This departs from analysis of the concepts of humanity and the rule of law as guarantees for exercising social work in order to locate the concept of human dignity as a historical, social and cultural construct. The qualitative analysis of the data collected by interviews demonstrates that social workers, while not having a deep-reaching conceptual understanding of this theme, prioritize a Kantian conception of human dignity, perceiving this as an absolute value.


2014 ◽  
Vol 1 (33) ◽  
pp. 99
Author(s):  
Antonio Bar Cendón

La UE se fundamenta en un conjunto de valores que son enunciados en el Art. 2 del TUE de manera explícita: el respeto de la dignidad humana, la libertad, la democracia, la igualdad, el Estado de Derecho y el respeto de los derechos humanos. Valores que el mismo precepto considera que son comunes a todos los Estados miembros. Hasta ahora, la protección de estos valores fundamentales se encuentra en el mecanismo previsto en el Art. 7 del TUE. La existencia de este mecanismo no ha logrado, sin embargo, evitar la vulneración de los valores fundamentales de la UE por parte de varios de sus Estados miembros. En este sentido, este trabajo propone la formulación de un nuevo mecanismo —«mecanismo de Copenhague»— que sea capaz de hacer un seguimiento permanente de la actuación de los Estados para evitar que se produzcan esas vulneraciones, pero que sea capaz también de imponer las sanciones más graves a las vulneraciones de estos valores fundamentales, incluida la expulsión de la UE.The UE is founded on a set of values which are mentioned in an explicit manner in Art. 2 of the TEU: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Values which the same article states that are common to the Member States. Until now, the protection of these fundamental values is based on the mechanism foreseen in Art. 7 of the TEU. The existence of this mechanism though has not prevented the violation of these fundamental values by several of the Member States from taking place. This is why this article proposes the establishing of a new mechanism - the «Copenhagen mechanism» - which would be able to monitor the performance of the Member States on a permanent basis in order to prevent the violations from taking place, but which would also be able to impose the most serious penalties to the most serious violations of these fundamental values, including the expulsion of the UE.


Author(s):  
Marcus Klamert ◽  
Dimitry Kochenov

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.


2019 ◽  
Vol 3 (2) ◽  
pp. 164
Author(s):  
Mashari Mashari

<p>Indonesia as a state of law, which in the implementation of state power is carried out<br />under the rule of law. The logical consequence, the entire system of administration of state<br />administration must be based on the constitution.<br />1<br /> Every implementation of state or government <br />power is always built by and based on the principles and provisions of the constitution.<br />The Indonesian Constitution states that the human rights of all citizens must not be<br />violated and must be fulfilled. The provisions of Article 1 paragraph (1) of Law Number 39 of<br />1999 concerning Human Rights, which basically says that human rights are rights that are<br />inherent and inherent in every person as God's creatures. As rights inherent in every human<br />person, human rights are gifts that must be respected, upheld, guaranteed and protected by the<br />state, law and government, for the glory and protection of human dignity.</p>


Author(s):  
Harish Narasappa

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.


ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.


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