Crime Against Humanity: A Defence of the “Subsidiarity” View

2013 ◽  
Vol 26 (1) ◽  
pp. 229-241 ◽  
Author(s):  
Richard Vernon
Keyword(s):  
Human Rights ◽  
State Crime ◽  
Moral Justification ◽  
The Core ◽  
Moral Basis ◽  
Territorial Control ◽  
Larry May

“Subsidiarity” views of crime against humanity propose that state crime is at the core of the idea, thus necessitating a further level of authority. That proposal can be given a strong moral justification in terms of the enormous risks that arise from a state’s authority and territorial control. Discussions of crime against humanity by Larry May and Norman Geras, however, offer different views of the idea, May proposing that it be seen as group-based crime (in one or both of two senses), Geras proposing that it be seen as a serious violation of human rights. Those views are questioned on the basis of their fit with either the nature of the crimes involved or the moral basis of their condemnation, and the subsidiarity view is restated.

The Intersection of Security and Justice in Global Governance

2018 ◽  
Author(s):  
William Durch ◽  
Joris Larik ◽  
Richard Ponzio
Keyword(s):  
Human Rights ◽  
Conceptual Framework ◽  
Global Governance ◽  
Human Dignity ◽  
Structural Violence ◽  
Essential Elements ◽  
International Level ◽  
The Core ◽  
Personal Community

Security and justice are both essential elements in humanity’s quest not only to survive but to thrive with dignity; neither is sustainable alone. Security is merely the appearance of order in a framework of structural violence unless tempered or leavened by concepts of justice that include human rights, human dignity, and other normative limits on the use of power. The pursuit of justice, whether at the personal, community, national, or international level can be crippled if not matched, in turn, by means to sustain security at each level. This complementarity of security and justice—despite their inherent tensions—is the core conceptual framework of the book. Achieving “just security,” we argue, is essential to the success of any global governance enterprise or architecture.

Introduction

2018 ◽  
Author(s):  
Jonas Tallberg ◽  
Karin Bäckstrand ◽  
Jan Aart Scholte
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Conceptual Framework ◽  
Global Governance ◽  
Comprehensive Treatment ◽  
Human Rights Abuses ◽  
Sociological Approach ◽  
The Core ◽  
Governance Institutions

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.

Uma Justificação Coerentista dos Direitos Humanos em Rawls

2010 ◽  
Vol 18 (36) ◽  
pp. 109-125
Author(s):  
Denis Coitinho Silveira ◽  
Keyword(s):  
Human Rights ◽  
Main Idea ◽  
Moral Justification ◽  
Public Justification ◽  
Law Of Peoples ◽  
Theory Of Justice ◽  
Pragmatic Function ◽  
Primary Goods ◽  
The Law ◽  
Political Foundation

The aim of this paper is to identify how the ethical-political foundation of human rights in John Rawls’s theory of justice makes use of a coherentist model of moral justification in which cognitivism, liberalism, pluralism, non-foundationalism, and mitigated intuititionism stand out, leading to a pragmatic model of foundation with public justification in The Law of Peoples (LP). The main idea is to think about the reasonableness of the universal defence of human rights as primary goods with the aspects foliows: its political nature, not metaphysical; its theoretical coherentist model, non-foundationalist; its pragmatic function and its public justification.

scholarly journals "Heart-Rending Ambivalence": Jacques Maritain and the Complexity of Postwar Catholic Philosemitism

2012 ◽  
Vol 6 (1) ◽  
Author(s):  
Richard Francis Crane
Keyword(s):  
Human Rights ◽  
Saint Thomas Aquinas ◽  
Thomas Aquinas ◽  
Jewish Question ◽  
Paul Claudel ◽  
Jacques Maritain ◽  
The Core ◽  
Anti Jewish ◽  
Francois Mauriac

Philosopher Jacques Maritain (1882-1973) embraced a quest for sanctity at the core of his vocation as a French Catholic intellectual. Known as an exponent of the teachings of Saint Thomas Aquinas, he also devoted considerable energies to the promotion of democracy and human rights, as well as the combat against antisemitism. Maritain has been lauded for his sometimes courageous attempts to eradicate anti-Jewish prejudice from the Christian conscience, though some prevailing interpretations oversimplify this thinker's motivations and ideas. Keeping in mind the historically-contingent and often ambivalent nature of philosemitism, this article analyzes Maritain's postwar writings on the Jewish Question and his interactions with Popes Pius XII and Paul VI, Anglican theologian James Parkes, Jewish historians Leon Poliakov and Jules Isaac, and fellow Catholic writers Paul Claudel and Francois Mauriac.

Conclusions: grounds for hope

2018 ◽  
Author(s):  
Suzanne Cahill
Keyword(s):  
Human Rights ◽  
Research Evidence ◽  
Dementia Care ◽  
Care Policy ◽  
Policy And Practice ◽  
Policy Initiatives ◽  
The Core ◽  
People With Dementia ◽  
Policy Objectives ◽  
Rights Issues

This chapter will be used to highlight the key contribution this book makes to the field of dementia care policy and practice, as well as identifying some of its limitations. Returning to the core themes consolidated in the UN Convention and introduced in chapter three namely equality autonomy participation and solidarity and based on the topics reviewed in earlier chapters, the chapter points to the gaps that exist between the rhetoric of policy initiatives and the reality of peoples’ everyday lives and the further gap that can exist between policy objectives and research evidence. The chapter argues for a need for much more budgetary and political attention to be focused on dementia and for future iterations of dementia strategies to take cognizance of human rights issues. Human rights legislation rather than being seen as punitive and burdensome should be viewed as a critical framework for guiding all levels of action with people with dementia and their family members.

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

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.  

scholarly journals The Statist Approach to the Philosophy of Immigration and the Problem of Statelessness

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Stephen E Mathis
Keyword(s):  
Human Rights ◽  
Immigration Policies ◽  
The Core ◽  
The Right

The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.

scholarly journals Peranan Pendidikan Kewarganegaraan sebagai pilar pendidikan hak asasi manusia

2006 ◽  
Vol 3 (1) ◽  
Author(s):  
Warsono Warsono
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Fundamental Problem ◽  
The State ◽  
Human Right ◽  
Civics Education ◽  
The Core ◽  
Democratic State ◽  
Democratic Principle

Human Rights are a fundamental problem in every country. especially in the developing countries such as Indonesia. Even though, the state had given protection of human right for everybody, but in Indonesia there are many breakdowns of it. As a democratic state, Indonesia has to regard human right. It is because the human rights were the core of democratic principle. So, the human rights must be trained in the school for every student. By using this way, everybody can know what their rights and obligations very well Civics education can be a vehicle for this goal, because it's one of lessons that talk about human rights and be learned in all school.

Triage

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
Legal Reform ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Effective Implementation ◽  
The Core ◽  
International Human ◽  
Core Idea ◽  
Human Rights Norms

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.

The Former Secretary General of the Council of Europe Confronting Russia’s Annexation of the Crimea and Turkey’s State of Emergency

2021 ◽  
pp. 1-33
Author(s):  
Esra Demir-Gürsel
Keyword(s):  
Human Rights ◽  
Secretary General ◽  
Policy Preferences ◽  
Council Of Europe ◽  
State Of Emergency ◽  
The Core ◽  
European Court ◽  
Political Expediency ◽  
The Crimea ◽  
The Postponement

Abstract This article investigates the influence of the former Secretary General of the Council of Europe (CoE), Thorbjørn Jagland, on the responses of other CoE bodies to the systemic breaches of the core principles of other CoE bodies to the systemic breaches of the core principles of the CoE in the context of two critical events: Russia’s annexation of the Crimea in 2014 and Turkey’s state of emergency that followed the attempted coup in 2016. Specifically, it examines the influence of the Secretary General’s policy preferences on the Parliamentary Assembly of the CoE and the European Court of Human Rights. The article argues that Jagland’s policy preferences in the context of these two events prioritised political expediency to the detriment of the CoE’s normative mission. The article finds that the Secretary General played a crucial role in facilitating the reversal of the sanctions imposed by the Assembly against Russia and the postponement of the processing of Turkey’s post-coup cases by the Court.

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