Human Dignity as the Foundation for the Democratic Rule of Law

2018 ◽  
Author(s):  
Sonja C. Grover
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
Human Life ◽  
Academic Community ◽  
Court Case ◽  
Human Beings ◽  
Legal Personality ◽  
Democratic Rule ◽  
Judicial Reasoning

The notion of human dignity has in recent years come under attack from sectors of the interdisciplinary and legal academic community as vacuous and of little or no utility in judicial reasoning. This author holds instead that human dignity is the sine qua non of all human life and correlated with certain inviolable human rights that speak to human beings as other than property, as having legal personality and the right to be heard. The notion of human dignity then serves, it is argued here, as essential guidance in judicial reasoning on issues of individual and group fundamental human rights. Neglect in honouring the principle of respect for human dignity in judicial decision-making serves to erode the democratic rule of law and the interests of justice as will be illustrated through examination in particular of the U.S. Supreme Court case of J.C. Hernandez et al v. J. Mesa Jr.

scholarly journals PERLINDUNGAN NEGARA TERHADAP HAK KEBEBASAN PRIBADI DALAM PERSPEKTIF HAK ASASI MANUSIA

2019 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Ahmad Nikhrawi Hamdie
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
State Government ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Human Life ◽  
The State ◽  
Human Beings ◽  
Life On Earth

The concept of human rights is a long-standing thing in human life on earth. The study of human rights in the form of thought has existed since the time of the Greeks. In Indonesia Law No. 39 of 1999 on Human Rights states that human rights are a set of rights that are inherent in the nature and existence of human beings as creatures of God Almighty and is a gift that is obliged to be respected, upheld and protected by the State, government and every person for the honor and protection of human dignity and dignity. The freedom of personal belonging to it which represents independence presupposes public opinion without interference, obstacles, interference and pressure. In practice there are still rulers who do not provide a good room for the delivery of this right. Enforcement of the rules of freedom of expression is still a struggle so that the goal can be achieved.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals The Protection of Human Dignity in Hungarian Media Regulation

2013 ◽  
Vol 14 (7) ◽  
pp. 823-843
Author(s):  
András Koltay
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Human Life ◽  
Human Existence ◽  
Media Regulation ◽  
The Law

Human existence and dignity, just like human unity itself, are not actually rights. The essence of humanity, as regards the law, is inaccessible. Because of this, human life and dignity are included in the catalogue of human rights and in modern constitutions as the sources of rights, as inviolable values beyond the law. The law must guarantee that these inviolable values are respected and protected.

Human Rights

Philosophy ◽  
2013 ◽  
Author(s):  
John-Stewart Gordon
Keyword(s):  
Human Rights ◽  
Common Ground ◽  
Due Process ◽  
Human Life ◽  
Practical Importance ◽  
Moral Rights ◽  
Legal Rights ◽  
Human Beings ◽  
Moral Norms ◽  
Widespread Agreement

There is an enormous range of contemporary and rapidly expanding literature on human rights that pervades almost every area of human life. This entry cannot do justice to all of these areas and would inevitably fail to cover all aspects of the philosophy of human rights. Here, the goal is more modest: offering a primary overview of the thorny literature and many vital human rights issues that can become increasingly complex and muddled. The concept of human rights, however, came to particular prominence in the 20th century after World War II, due to the atrocities (e.g., genocide against the Jews) committed by the Nazis. Since then, the idea of human rights has become profoundly influential in many different fields such as ethics, applied ethics, political philosophy, political sciences, law, international law, medicine, and public health. This has led to the formation of a new area in philosophy called “the philosophy of human rights.” The very idea of human rights, however, is older and can be traced back to early religious ideas and the notion of natural rights in Antiquity and the Middle Ages. Generally speaking, human rights are primarily universal moral norms that bind all people in all places at all times independently of any legal recognition. Whether there is a widespread agreement that all human beings have human rights simply because they are human beings is a matter of debate. However, there is currently no common ground with regard to the moral and legal justification or the ontological and epistemological status of human rights. Human rights are primarily universal moral rights and, secondly, international legal rights observed and enforced by nation-states. Despite major caveats concerning the theoretical foundations of human rights, most scholars nonetheless hold the view that there is a vital consensus on the practical importance of human rights. The Universal Declaration of Human Rights (1948) (cited under Modern Documents), is the most important human rights document and contains at least seven groups of basic rights: security rights, due process rights, liberty rights, political rights, equality rights, social welfare rights, and group rights.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

Appointment With Destiny

2006 ◽  
Vol 18 (1) ◽  
pp. 113-120
Author(s):  
Mihajlo Mihajlov ◽  
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
Civil War ◽  
Ethnic Conflict ◽  
Rule Of Law ◽  
Human Dignity ◽  
The Rule Of Law ◽  
The Balkans ◽  
Independent Path ◽  
Political Persuasion

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.

scholarly journals KANT ON HUMAN DIGNITY: A CRITICAL APPROACH -- KANT E A DIGNIDADE HUMANA: UMA INTERPRETAÇÃO CRÍTICA

2016 ◽  
Vol 17 (2) ◽  
pp. 493-512
Author(s):  
Antonio Pele
Keyword(s):  
Rule Of Law ◽  
Moral Philosophy ◽  
Human Dignity ◽  
Categorical Imperative ◽  
Human Beings ◽  
Critical Approach ◽  
Political Field ◽  
The Rule Of Law ◽  
Guiding Principle ◽  
Basic Characteristics

In this article, I intend to reframe and qualify Kant’s moral philosophy for the understanding human dignity. Some Kant’s formulas seem to grant to the human being an inherent and absolute worthiness, when they are read (often) in a very decontextualized way. To achieve this objective, I identify the basic characteristics we commonly attribute to the contemporary model of human dignity. This model has some expressions in the axiological field (inherent and absolute worth), and, at the same time, in the legal-political field (cornerstone of human rights and guiding principle of the Rule of law). I intend to see if we can find some of these latter characteristics in the mentioned usages that Kant gives to the term “dignity” and of formulas supposedly connected (“end in itself”, “autonomy”, “humanity”). When contextualizing these expressions, either in the motivations or in the results of Kant’s philosophy, I arrived to the conclusion that Kant was less concerned with the intrinsic worthiness of the human beings, than with establishing the authority of morality.Keywords: Categorical imperative. Human dignity. Humanity. Kant. Rights. 

scholarly journals El reconocimiento de la dignidad humana ante los avances de la genética

2012 ◽  
Author(s):  
Gisela Giner Rommel
Keyword(s):  
Human Dignity ◽  
Scientific Explanation ◽  
Human Life ◽  
Scientific Progress ◽  
Human Condition ◽  
Philosophical Tradition ◽  
Human Beings ◽  
Human Reality ◽  
The Face ◽  
One Step

La llamada era o siglo de la biotecnología, y con ella, una nueva realidad genética artificial, va abriéndose camino inexorablemente. La misma supone nuevas formas de dominio de la vida natural y humana sin precedentes. El hombre puede ya alterar nada menos que el curso de la evolución de las especies. Es fácil adivinar entonces por qué la genética traspasa su propio ámbito científico: se encuentra ineludiblemente cargada de dilemas éticos de toda índole, y unida al mundo filosófico y moral por su urgente necesidad de respuestas. La primera gran reflexión que la genética plantea a la ética es de tal calibre, que zozobra los cimientos de la propia tradición filosófica occidental y su concepción de la dignidad humana. Si el hallazgo del genoma humano lleva consigo una propensión de la visión de la realidad humana exclusivamente cientificista y biológica, procediendo a realizar una verdadera «sacralización de la ciencia» ¿Supone ello el derrumbe, la invalidación de la condición ética y libre del hombre? ¿Debemos renunciar a una visión del mismo como un ser digno y reducirlo a un animal más? ¿Debemos, en definitiva, dar carpetazo al humanismo, poniendo en tela de juicio la calidad moral del hombre? ¿Cerrar entonces los espacios de la ética o la filosofía, declarando que todos los aspectos que encierran la condición humana se consumen en una explicación científica? ¿Cómo afrontar otros posibles ataques a dimensiones de la dignidad humana como la libertad, la igualdad, la intimidad? ¿Precisan de disciplinas distintas, como la filosofía y el derecho, en busca de soluciones que exceden del campo científico y a los que éste no puede dar respuestas? Ante los nuevos poderes y responsabilidades que trae consigo el progreso científico, la explicación ética y la científica no deben sino reencontrarse. Apostar por el control ético del rumbo del proceso científico y tecnológico a través del paradigma de la dignidad humana se torna imprescindible. En definitiva, tratar de llevar a cabo el sueño del progreso universal, real, en el que la genética constituya un eslabón, un peldaño más en su consecución efectiva no puede darse sin intervención de la reflexión ética.This is definitely the age of biotechnology and with it comes a new artificial genetic reality. Biotechnology gives us never seen before control over plant, animal and human life. Mankind may now even be able to change the course of evolution in all living creatures, no less. That is why it is easy to understand that the science of genetics transcends its own domain; it is unavoidably confronted with ethical dilemmas of all kind and it is compelled to turn to philosophy and morality because of its need to find answers urgently. The first question raised by genetics is of such a magnitude that it overturns the basis of the Western philosophical tradition and its concept of human dignity. If the decoding of the human genome leads to an exclusively scientific and biological vision of human reality, to what you could call a «sacralisation of science», then what happens to free will, to man as an ethical being? Should we henceforth refuse to consider Man as a creature of Dignity and reduce him to just another animal? Should we, in short, abandon all humanistic idealism and question even the morality of human beings? Should we forget about ethics and philosophy and agree that all the aspects, implicit in the human condition, can find a scientific explanation? But how then should we deal with other attacks that may be made against such dimensions of human dignity as liberty, equality and privacy? Will there be no need for other disciplines, such as philosophy and law, to find solutions to problems which exceed the field of science and for which science has no answers to give?. In the face of all the new powers, potential and responsibilities brought about by scientific progress, ethics and science should not become adversaries. Ethical control over the course of scientific and technological progress based on the paradigm of human dignity is becoming essential. To summarise, it will be impossible to realise the dream of true progress, in which the science of genetics is but one step, without answering ethical questions.

scholarly journals Justiça e segurança pública desde uma perspectiva de transição

2017 ◽  
Vol 18 (2) ◽  
pp. 491-508
Author(s):  
Antonio Sérgio Escrivão Filho ◽  
Fernando Luis Coelho Antunes
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Public Institutions ◽  
Public Security ◽  
Institutional Reforms ◽  
Reconstruction Process ◽  
Democratic Rule ◽  
Delayed Reconstruction

Resumo: O Brasil passou por um processo tardio de reconstrução da sua história no que diz respeito à Justiça de transição. Entre os elementos que desde uma perspectiva conceitual compõem uma noção de Justiça de transição encontram-se os processos compreendidos pelas reformas institucionais, caracterizados pela realização de medidas voltadas à reeducação e refuncionalização das instituições públicas, a fim de reorientá-las para o cotidiano do Estado Democrático de Direito, com vistas à promoção dos direitos humanos, extirpando resquícios autoritários das estruturas normativas, institucionais e culturais do Estado. No interior desse debate, as instituições de justiça e segurança pública são comumente identificadas como alvos prioritários de processos de transição, dada a sua relação intrínseca e direta com o tratamento da violência política sistemática e a restrição de direitos e liberdades. Nesse sentido, o artigo apresenta uma discussão sobre o cenário das reformas institucionais referentes ao poder judiciário e aos sistemas de segurança pública, em um esforço analítico para contribuir com os debates realizados no contexto tardio de Justiça de transição no Brasil.Palavras-chave: Justiça de transição. Reformas institucionais. Poder Judiciário. Segurança pública. Brasil. Abstract: Brazil has passed through a delayed reconstruction process of its history, from a perspective of the so called transitional justice. Among the elements that usually make up a conceptual notion of transitional justice, it can be found the processes understood by institutional reforms, characterized by carrying out measures aimed at reeducation and refunctionalization of public institutions, in order to redirect them to the Democratic Rule of Law, and the promotion of human rights, putting away authoritarian remnants from normative, institutional and cultural public structures. Within this debate, the institutions of justice and public security are commonly identified as priority targets for transition processes, because of its intrinsic and directly relation to the treatment of systematic political violence and the restriction of rights and freedoms. In this sense, the article presents a discussion on the scenario of institutional reforms regarding the judiciary, public security in the context of the late Transitional Justice in Brazil.Keywords: Transitional justice. Institutional reforms. Judicial role. Public security. Brazil.

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