Human rights and the public sphere

1998 ◽  
Vol 5 (1-2) ◽  
pp. 165-180 ◽  
Author(s):  
ANDREW JAKUBOWICZ
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
The Public ◽  
The Public Sphere

scholarly journals SIGNIFIKANSI DAKWAH INKLUSIF NURCHOLISH MADJID BAGI MASYARAKAT INDONESIA

2016 ◽  
Vol 7 (1) ◽  
pp. 41-66
Author(s):  
Zaprulkhan Zaprulkhan
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Social Ethics ◽  
The Public ◽  
Religious Truth ◽  
Truth Claims ◽  
Race Ethnicity ◽  
Religious Disagreement ◽  
The Public Sphere ◽  
Islamic Values

Articulation of religion in the public sphere of Indonesia is still much to be exclusive and puritan, unilateral in monopolizing the truth claims of religious truth, and intolerance towards various religious disagreement. Whereas in the context of a pluralistic Indonesian nation, whether of race, ethnicity, culture, class, and religion, religious messages should be delivered by inclusive proselytizing. Anyone who would articulate religious discourses in the public sphere of Indonesia, should ideally be through inclusive proselytizing. In the context of inclusive proselytizing, Islamic values such as justice (al-'adl), human rights, freedom (Hurriyah), democracy (Shura), universal benevolence (Khoir), egalitarian (Musawah), tolerance (tasamuh), balance ( tawazun), social ethics (morals), universal humanity (an-nas), as well as peace and safety contained in the doctrine of principle Islam but those are inclusive. Inclusive priciples could embrace all people regardless of race, culture, race, class, and even religion. This article is going to discuss the significance of Nurcholish Madjid‟s inclusive proselytizing for pluralistic Indonesian society.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

scholarly journals Evangelicals at the Inter-American Court of Human Rights

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 360-364
Author(s):  
Rene Urueña
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Public Sphere ◽  
Religious Movements ◽  
Equal Rights ◽  
Same Sex ◽  
Top Down ◽  
The Public ◽  
The World ◽  
The Public Sphere

Christian Evangelicals are a growing political force in Latin America. Most recently, they have engaged the Inter-American Court of Human Rights to challenge basic LGBTI achievements, such as same-sex marriage and other demands for equal rights. Several commentators thus speak of an imminent showdown between human rights protections and Christian Evangelism in the region, which would mirror similar conflicts elsewhere in the world. This essay challenges this narrative and warns against a top-down “secular fundamentalism,” which may alienate a significant part of the region's population and create deep resentment against the Court. As it turns forty, the Court faces a “spiritual” crisis: conservative religious movements have become one of its key interlocutors, with demands and expectations that compete with (but could also complement) those of other regional social movements. Difficult as it may be, the Court needs to be bold in creating argumentative spaces that allow for the Evangelical experience to exist in the public sphere in Latin America, in a context of respect for human rights in general, and for LGBTI rights in particular.

Feminist reconstructions of universalism and the discourse of human rights

2009 ◽  
Vol 5 (1) ◽  
pp. 87-92 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Social Theory ◽  
Critical Review ◽  
The Public ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Universal Principles ◽  
The Public Sphere

In recent years, universal principles and, in turn, the universalistic discourse of human rights, have fallen under critical review by feminist scholars. This is part of a more general suspicion of a search for universalism and abstraction in law: feminist legal scholars have highlighted and critiqued the gendered dimension of such an approach.1Particular concepts fundamental to political, legal and social theory such as justice,2equality,3freedom4and rights5have been under the spotlight to see if their structure leads to detrimental consequences for women. Criticisms of rights have taken a variety of forms with rights being seen as too individualistic, reinforcing existing power imbalances, failing to account for women’s experiences and focusing too much on the public sphere.

scholarly journals Dakwah Mengenai Hak Asasi Manusia (HAM) Di Indonesia Dalam Konsep Maslahah Mursalah

2020 ◽  
Vol 6 (2) ◽  
pp. 176
Author(s):  
Rojabi Azhargany
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Good Governance ◽  
Democratic Governance ◽  
The Public ◽  
Basic Rights ◽  
The Public Sphere ◽  
Basic Ideas ◽  
Islamic Values

Da'wah regarding Islamic values needs to be done in the community. Including, preaching about the Islamic values contained in the views that are being discussed in the public sphere, including about Human Rights (HAM). Democratic governance requires the existence of good governance, human rights and democracy. Obtaining the standards of democratic governance is needed  by  Indonesia to be internationally  accepted.  Nonetheless, Indonesia's record on human rights  leads to the understanding  that  this country has to pay highly attention  on human rights. Five basic rights in maqashid sharia (kulliyatul khoms) as important basic ideas to be elaborated into values ​​that are included in the effort to realize good governance. Keywords:  Da’wah, good  governance, human  rights, kulliyatul khoms

The Madres Appear on the Public Plaza de Mayo in Argentina: Towards Human Rights as a Key for a Public eology that Carries on the Liberation Heritage

2009 ◽  
Vol 3 (2) ◽  
pp. 165-187
Author(s):  
Heike Walz
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Liberation Theology ◽  
Public Discourse ◽  
Public Theology ◽  
The Public ◽  
Public Agenda ◽  
State Terrorism ◽  
History Of ◽  
The Public Sphere

AbstractThe Madres y Abuelas de Plaza de Mayo are internationally recognized for human rights work in their ongoing campaign for justice for those who disappeared during the most recent dictatorship in Argentina. ey have become the contemporary Argentine symbol for the implementation of human rights in the society. The article examines how they implicitly carry on the liberation theological heritage and have reclaimed the public sphere through: shedding light on the clandestine actions of state terrorism, turning private motherhood political and reconstructing public discourse. Despite such efforts to put memory, truth and justice on the public agenda, a history of impunity made reconciliation difficult in Argentina. The engagement of the Mothers and Grandmothers off ers clues for the continuation of liberation theology as a type of public theology, with human rights as its focus.

Between Faith and State

2019 ◽  
pp. 23-42
Author(s):  
Kathleen A. Cavanaugh
Keyword(s):  
Human Rights ◽  
Middle East ◽  
Public Sphere ◽  
International Law ◽  
Mena Region ◽  
Faith And Reason ◽  
The Public ◽  
Political Transformations ◽  
Legal Discourses ◽  
The Public Sphere

This chapter examines the politics of law that are mapped out in the various trends of analysis within both Islamic and international law. Disrupting the notion of a "fixedness" in these legal discourses and reimagining each in their political self is a critical first step in addressing the challenge--one that preoccupies much of the literature that looks at Islam and rights--as to how to open a space in the human rights project where faith and reason can be accommodated. In undertaking this task, the chapter discusses how the human rights project engages with religion in the public sphere before turning to how these concepts have been engaged where Islam and human rights intersect generally, and then specifically when applied to states in the Middle East. The second part of the chapter focuses on the plural readings of Islamic formulations of law and details the trends of analysis within political transformations that have unfolded (and continue to unfold) across the MENA region in the wake of the so-called Arab Spring.

scholarly journals Social Values in Europe.  Protecting Freedom of Thought, Conscience, Religion, Creating What?: Justice,  Sophia, Phronesis        

2021 ◽  
Author(s):  
Olga Nickole Papkova Kuyan
Keyword(s):  
Human Rights ◽  
Quantum Theory ◽  
Public Sphere ◽  
Social Values ◽  
Legal Doctrine ◽  
The Public ◽  
New Instrument ◽  
Freedom Of Thought ◽  
The Public Sphere ◽  
The Right

The multidimentional human rights catastrophe 2020-2021 is input for this writing. We see it as the culmination of arguments about regulating the social values, the right to freedom of thought, conscience and religion in Europe (art 9 ECHR) in its broader sense. We question: what are thought, conscience, religion in Europe? The paper aims at revealing how different states bound by ECHR (Italy, France, Russia) are redefining their relationship to thought, conscience and religion, under the challenge of changing minds, increasing religious activism in the public sphere, associated with the spread of new religious movements and Islam; how this process mobilizes a complex array of often unrelated official actors, but also mindful men who want to be recognized by public opinion eager to curb what is perceived as “foreign” or “extremist” expressions of thought, conscience, religion; by politicians navigating between political correctness and populism, by national and external judiciary like ECtHR; how this process is gradually producing a new and common paradigm of the relationship between states, the public sphere and thought, conscience and religion. We scrutinize (re)construction and formatting of thought, conscience and religion in the West through courts, giving the rebirthing to the Lautsi case. We intend to find which doctrine\idea has been developed by the Court in Europe. What will be with judicial decision-making in France and Europe? How to overcome the crisis? We are seeking a new instrument. We go into Mindful Politics/Judiciary, Dharma and Judiciary/Politics. We use the Complex Thinking concept and Quantum Theory, Sophism, Theology, Eastern and Ancient thoughts as Puzzles. We refer to Lady Justice-Prudentia-Sophia and Phronesis. We refer to the decoloniality to re-learn the thoughts-heritage that have been pushed aside, buried, discredited by the forces of modernity: UN Secretary-General Dag Hammarskjold, Vl.Solovjev, Ivan Ilyin. Also we use new data, such as O’Murchu Diarmuid, Doing Theology in an Evolutionary Way (2021), Rovelli Carlo, Helgoland (2020), Molari Carlo, Il cammino spirituale del cristiano (2020), Mancuso Vito, I quattro maestri (2020). Our core topic is the importance of legal ideas and legal doctrine for court decisions. Our core thought is the Russia’s experience in balancing secular and religious values and peaceful coexistence of peoples, it’s importantance for the international community. It’s part of the big research, started in 1990, continued in different ways, at UNIPV (with Prof.J.Ziller) in the framework of CICOPS, in particular. Key terms: human rights and freedom, thought, conscience, religion, pluralism, equality, secularism, neutrality, positivism, legal symbols, Lady Justice, Sophia, Prudentia, Phronesis, quantum theory, Islam, rule of law, legitimacy, historical-interpretive account of judicial politics, complexity.

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