scholarly journals WHO AM I? WHO ARE YOU? WHO ARE WE? LAW, RELIGION, AND APPROACHES TO AN ETHIC OF MIGRATION

2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard
Keyword(s):  
Human Rights ◽  
Political Identity ◽  
The State ◽  
Political Community ◽  
Universal Declaration ◽  
Nation State ◽  
Political Space ◽  
The Family ◽  
The World ◽  
The Subject

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”

The Right to Leave and the Right to Return: A Declaration Adopted by the Uppsala Colloquium, Sweden, June 21, 1972

1973 ◽  
Vol 7 (1) ◽  
pp. 62-66
Keyword(s):  
New York ◽  
Human Rights ◽  
Universal Declaration ◽  
International Institute ◽  
Law Faculty ◽  
The World ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Policies And Practices

A Declaration Adopted by the Uppsala Collogium, Sweden, June 21, 1972. In June 1972, in Uppsala, Sweden, legal and human rights experts from 25 countries joined in a colloquium to examine the meaning and implications of Article 13 (2) of the Universal Declaration of Human Rights, which states: “Everyone has the right to leave any country, including his own, and to return to his country.” Brought together under the auspices of the Law Faculty of Uppsala University, the Renέ Cassin International Institute for Human Rights, in France, and the Jacob Blaustein Institute for the Advancement of Human Rights, in New York, the participants reviewed current policies and practices around the world related to the right to leave and to return. Taking as their springboard a group of draft principles approved in 1963 by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, they adopted a Declaration on the subject.

scholarly journals LESBIAN, GAY, BISEKSUAL, DAN TRANSGENDER (LGBT) DAN HAK ASASI MANUSIA (HAM)

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Yeni Sri Lestari
Keyword(s):  
United States ◽  
Human Rights ◽  
Freedom Of Expression ◽  
The United States ◽  
The State ◽  
Universal Declaration ◽  
The World ◽  
Democratic System ◽  
Muslim Majority ◽  
Islamic Values

AbstractThe success of one country's democratic system is characterized by the increasing subsistence of freedoms owned by citizens such as freedom of expression, association to other individual freedoms as stated in the respective constitutions of a country. Notwithstanding the Universal Declaration of Human Rights (DUHAM), policies on human rights began to thrive in the world as the main pillar of democracy, one of which speaks of the recognition of LGBT rights. LGBT phenomena that hit most of the world are often viewed from two contradictory perspectives, those who legalize and which do not legalize (illegal). This study found that although both the United States and Indonesia share the principles of democracy in the life of the state, the Muslim majority of Indonesia views LGBT as a violation of Islamic values and norms, but the recognition of human rights is still appreciated only by the behavior of LGBT as an act of social aberrations. Keyword: LGBT, HAM, Amerika dan Indonesia

scholarly journals Human dignity in the light of the Constitution, human rights and bioethics

2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Solidarity ◽  
Human Beings ◽  
The Social ◽  
The World ◽  
The Right

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  

scholarly journals Criminal law protection of witnesses and victims (comparative analysis experience)

2021 ◽  
Vol 2021 (3) ◽  
pp. 82-87
Author(s):  
Sergey Denisov ◽  
Tat'yana Kirsanova
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Criminal Law ◽  
Legal Protection ◽  
The State ◽  
The World ◽  
The Subject ◽  
Legislative Model

This article deals with the process of criminal law protection of witnesses and victims. The legislation of the state establishes certain normative acts regulating this branch of law. It is necessary to clearly and strictly observe all measures. The world experience of this issue was also studied, where the Human Rights Convention was used. It is worth noting that each country has its own procedures and legislation, the experience of criminal legal protection is very different from the Russian legislative model of criminal legal protection of witnesses and victims. The purpose of the study is to study the criminal law protection of witnesses and victims. Main results of the study: 1. Criminal-legal protection in Russia is considered; 2. The world experience of protection of victims and witnesses has been studied; 3. The normative-legal acts in this area have been analyzed. The object of the study is witnesses and victims. The subject of the study is the main measures of criminal law to ensure the protection of citizens. The degree of development of this issue is very extensive. This study was carried out by such scientistsas I. L. Kozochkipa, A. Petrovsky, Kvashis V. E., Zaitsev O. A., Aparova T. V. and others. The research of foreign scientists, such as: Waller I.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Human Rights, Global Ethics, and the Ordinary Virtues

2017 ◽  
Vol 31 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Michael Ignatieff
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Equal Opportunity ◽  
Universal Declaration ◽  
Global Ethics ◽  
Citizen Action ◽  
Individual Person ◽  
The World ◽  
Universal Human Rights ◽  
The Individual

In a 1958 speech at the United Nations, Eleanor Roosevelt took stock of the progress that human rights had made since the proclamation of the Universal Declaration of Human Rights ten years before. Mrs. Roosevelt had chaired the UN committee that drafted the Universal Declaration and had hoped that, in time, it would become “the international Magna Carta of all men everywhere.” Her answer to the question of how to measure human rights progress has become one of the most frequently quoted remarks of the former First Lady: Where, after all, do universal human rights begin? In small places, close to home—so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.

Foreword

2001 ◽  
Vol 95 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Ruth Wedgwood ◽  
Harold K. Jacobson
Keyword(s):  
Human Rights ◽  
International Conflict ◽  
Political Identity ◽  
Marshall Plan ◽  
Political Space ◽  
Economic Community ◽  
Military Conflict ◽  
Postwar Europe ◽  
Social Balance ◽  
Human Rights Standards

The aftermath of military conflict can be an occasion for transforming politics and society. In postwar Europe, aided by the Marshall Plan, statesmen such as Jean Monnet and Konrad Adenauer rebuilt the smoking ruins of an international conflict into an economic community with a strong democratic ethos, a common political identity, and a workable social balance. The old rivalries of the continent were abated by joint-security commitments, and the sense of Europe as a political space was strengthened by the human rights standards of the Helsinki process.

scholarly journals U-22 Comparison of Common Human Rights with the UN Universal Declaration of Human Rights in the Context of the Farewell Sermon

2020 ◽  
Vol 4 (2) ◽  
pp. 335-350
Author(s):  
Abdul Razaq ◽  
Muhammad Usman Khalid
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
General Assembly ◽  
Member States ◽  
The World ◽  
United Nations Charter ◽  
United Nation ◽  
As If

The last Hajj performed by the Messenger of Allah is called the Farewell Hajj in two respects. One is that you did the last Hajj and also with reference to the fact that the Holy Prophet himself said in this sermon: O people! By God, I don't know if I will be able to meet you in this place after today. You specifically said, "Ask me questions, learn and ask what you have to ask." I may not be able to meet you like this later this year.It was as if the Holy Prophet himself was saying goodbye. On this occasion, this Hajj is called the Farewell Hajj.The United Nation General Assembly, approved the: "Universal Declaration of Human Rights" on Dec. 1948. Following this historic achievement, the Assembly urged all its member states to make the announcement public and participate in its dissemination. The purpose of this manifesto was to protect basic human rights throughout the world and to find solutions to various problems facing nations. The rights granted to man under the United Nations Charter, established in the twentieth century, were granted to him by Islam fourteen hundred years ago.The 30 articles of the UN Charter define basic human rights in various ways. These provisions relate to social, religious and human rights. When we compare the Farewell Sermon of the Holy Prophet with this Manifesto, where many similarities come to the fore, the differences are also noticeable.

scholarly journals Criterios definidores y conceptuales del enfoque basado en derechos humanos: de la teoría a la práctica

2017 ◽  
pp. 43-86
Author(s):  
Alfonso CHACÓN MATA
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Public Administration ◽  
Public Policies ◽  
The State ◽  
The Public ◽  
First Order ◽  
Derechos Humanos ◽  
The Subject ◽  
Human Rights Based Approach

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.

scholarly journals Towards an Islamic Enlightenment

2014 ◽  
Vol 31 (1) ◽  
pp. 97-100
Author(s):  
Caroline Tee
Keyword(s):  
New York ◽  
Political History ◽  
The State ◽  
Stanford University ◽  
The World ◽  
The Subject ◽  
Holistic Analysis ◽  
Syracuse University ◽  
The Masses ◽  
Gulen Movement

M. Hakan Yavuz was one of the early contributors to the literature on theGülen movement, co-editing a major volume on the subject with John Espositoin 2003 (Hakan Yavuz and John Esposito, Turkish Islam and the SecularState: The Gülen Movement [Syracuse University Press: 2003]). In the interveningdecade the movement has grown considerably in size and influenceboth within Turkey and beyond, and has emerged as a major source of interestand apparently perennial controversy. Towards an Islamic Enlightenment istherefore a timely if ambitious book, for it sets out to provide a comprehensiveaccount of the movement. The author opens with an analysis of FethullahGülen’s theological teachings and then explores the movement’s structure andorganization, as well as its emergence and development in the context of Turkishsocial, religious, and political history. No other scholar has attempted sucha holistic analysis, for others tend to focus on just one of its many areas of influence,namely, education (Bekim Agai, Zwischen Netzwerk und Diskurs -Das Bildungsnetzwerk um Fethullah Gülen (geb. 1938): Die flexible Umsetzungmodernen islamischen Gedankengutes [EB-Verlag, 2004]), politics(Berna Turam, Between Islam and the State: The Politics of Engagement[Stanford University Press: 2007]), and economic enterprise (Joshua D. Hendrick,Gülen: The Ambiguous Politics of Market Islam in Turkey and the World[New York Press: 2013]).Yavuz lays out his thesis of “Islamic Enlightenment” in the introductionby drawing a paradigmatic distinction between the Muslim intellectual tradition’sliteralist/fundamentalists and modernist/reformists. He acknowledgesthe impact of Enlightenment ideas on the major thinkers in the latter category,but notes that those ideas have historically remained the preserve of the Muslimelite and never “penetrated the masses” (p. 6). According to Yavuz, the ...

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