Liberalization and Community Ties

2021 ◽  
pp. 225-337
Author(s):  
Dieter Gosewinkel

The post-war period (Tony Judt) of citizenship, which was overshadowed by expulsions, decolonization, and the ideological division of Europe, embodied a long history of dealing politically with the consequences of war, violence, and discrimination. In the European dictatorships after 1945, integration into the community of class and the state-prescribed ideology remained decisive for political affiliation. By contrast, in Western European society, which became more open under the influence of post-colonial immigration and the sustained boom, citizenship (T. H. Marshall) evolved into the ultimate emblem of a social-welfare state, a state in which on the principles of constitutionally guaranteed and expanding civil rights political affiliation was based on consensus, participation, and consumerism. These two polar concepts of citizenship were overcome and politically overlaid by a new human rights policy that established the protection of civil rights beyond the state and contributed to the 1989 political transformation of Europe.

2021 ◽  
Vol 120 (828) ◽  
pp. 280-286
Author(s):  
Melissa L. Caldwell

Churches and other faith-based communities have taken the lead in the human rights sector in Russia. At a time when many secular activists have been harassed, imprisoned, forced into exile, and even murdered, interfaith partnerships working on civil rights for minorities and migrants have been tolerated and officially recognized. Part of a long history of civic–oriented religious activism, they benefit from their legacy as moral leaders. While some religious activists have publicly challenged the Russian state’s authority and values, most have been careful to present themselves as partners of the state, even if their beliefs are not always fully aligned.


Author(s):  
Claire Whitlinger

This chapter investigates the causal connection between the 2004 commemoration and another racially significant transformation: Mississippi Senate Bill 2718, an education bill mandating civil rights and human rights education in Mississippi schools. Providing historical perspective on the legislation—the first of its kind in the country—the chapter traces its origins to the fortieth anniversary commemoration in Philadelphia, Mississippi in 2004. After providing a brief history of school desegregation in Mississippi and previous efforts to mandate Holocaust education in the state, the chapter demonstrates how the 2004 commemoration and subsequent civil rights trial mobilized a new generation of local memory activists. When joined with institutional resources at the state-level, these developments generated the commemorative capacity for local organizers to institutionalize civil rights memory through curricular change. Thus, in contrast to other multicultural or human rights education mandates, which have typically been outgrowths of large-scale progressive social movements or the diffusion of global norms, Mississippi’s civil and human rights education bill emerged out of local commemorative efforts.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

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”.


2021 ◽  

This volume examines Arnold Gehlen’s theory of the state from his philosophy of the state in the 1920s via his political and cultural anthropology to his impressive critique of the post-war welfare state. The systematic analyses the book contains by leading scholars in the social sciences and the humanities examine the interplay between the theory and history of the state with reference to the broader context of the history of ideas. Students and researchers as well as other readers interested in this subject will find this book offers an informative overview of how one of the most wide-ranging and profound thinkers of the twentieth century understands the state. With contributions by Oliver Agard, Heike Delitz, Joachim Fischer, Andreas Höntsch, Tim Huyeng, Rastko Jovanov, Frank Kannetzky, Christine Magerski, Zeljko Radinkovic, Karl-Siegbert Rehberg and Christian Steuerwald.


Author(s):  
T. I. Otcheskaya

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.


2019 ◽  
Vol 4 (2) ◽  
Author(s):  
A.Ahsin Thohari

Abstract: Pancasila is the ideal of the state (staatsidee). It also serves as legal ideal (rechtsidee), fundamental of philosophy (philosofische grondslag), fundamental state norm (staatsfundamentalnorm), and view of life (weltanschauung). It is a flexible ideology that can be drawn, pressed, and broaden to cover almost all circumstances. The perspective and mindset forming the constitution concerning human rights, and citizen constitutional rights had changed due to the changes in worldview attitudes, internationalism, and cosmopolitanism about human and constitutional rights. The constitution in Indonesia had changed several times. However, the provision of the civil rights in the Indonesian constitutions or known as constitutional rights were not eliminated in the 1945 Constitution (since august 18th 1945), the 1949 Union Republic of Indonesia Constitution, the 1950 Temporary Constitution, the 1945 constitution (after the President Decree in July 5th,1959) and 1945 constitution after amendment. Pancasila, also known as five principles, has the function as the bedrock of Indonesia. However, as a philosophical principle, Pancasila can interpret in myriad perspective, potentially used for multiple purposes. Abstrak: Pancasila sebagai cita negara (staatsidee). Pancasila yang juga berfungsi sebagai cita hukum (rechtsidee), dasar filsafat (philosofische grondslag), norma fundamental negara (staatsfundamentalnorm), dan pandangan hidup (weltanschauung). Pancasila adalah ideologi yang bersifat fleksibel yang dapat ditarik, ditekan, dan dilebarkan untuk mencakup hampir semua keadaan. Cara pandang dan pola pikir pembentuk Undang-Undang Dasar (UUD) terhadap Hak Asasi Manusia, konstitusi, dan hak-hak konstitusional warga negara mengalami perubahan yang diakibatkan oleh perubahan sikap-sikap pandangan dunia, internasionalisme dan kosmopolitanisme tentang HAM dan hak konstitusional. Konstitusi di Indonesia telah mengalami beberapa kali perubahan, namun ketentuan-ketentuan tentang hak-hak warga negara dalam konstitusi-konstitusi Indonesia atau yang lebih dikenal dengan hak konstitusional tidak pernah hilang, baik dalam UUD 1945 yang berlaku mulai 18 Agustus 1945, Konstitusi RIS 1949, UUDS 1950, UUD 1945 setelah Dekrit Presiden tanggal 5 Juli 1959, dan UUD 1945 setelah Perubahan. Pancasila, yang juga dikenal sebagai lima prinsip, berfungsi sebagai landasan negara Indonesia. Namun, sebagai prinsip filosofis, pancasila dapat ditafsikan ke berbagai perspektif yang dapat digunakan untuk berbagai tujuan. Kata Kunci: Cita Hukum (Rechtsidee), Pancasila, Hak Konstitusional


Author(s):  
Mariana Khmyz ◽  

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.


2021 ◽  
Vol 66 (1) ◽  
pp. 83-106
Author(s):  
Theoneste Bimenyimana

"The aim of this study is to identify and critically assess the effects of appropriation of foreign political ideologies and practices in African political systems. This paper argues that there should be no leader, whatever his worth; look on his own personal problems to be exploited for the benefits of western’s Politics. Which will enable the African systems to develop, secondly, argues that Human Rights should be looked at to be an apportioned – responsibility, shared by both the former colonial powers and the current post-colonial political elites, rather than seeing Human rights promotion as yet another excuse to interfere or control other sovereign nations. The study will involve qualitative research involving reviewing other authors' literature, identifying current affairs, and critical assessing the ways in which neo-colonialism affects the different societies in transition from a colonial past to independence. The study is based on the fact that colonized countries, during the Cold War, suffered political oppression, economic exploitation, and social degradation, while alignment either with the capitalist or communist ideology failed. Currently there is a felt pressure to adopt a neoliberal ideology in order to access to have access to aid and investment. The study concludes with recommendations to third world leaders, to look at the people they lead as their responsibility, since no leader, whatever his/her worth, can replace the will of people. This results in a felt need to embrace democracy and such democratic values as: strong institutions, an independent judiciary and the separation of powers, individual and minority rights, and civil rights. Keywords: postcolonial politics, appropriation of foreign politics, human rights, principled values of democracy, the inability of African leaders "


2019 ◽  
pp. 244-263
Author(s):  
David Phillips

This chapter examines the work of E.R. Dodds during preparations for the post-war occupation of Germany. In 1940, Dodds joined Arnold Toynbee’s ‘Foreign Research and Press Service’, which had moved to Oxford, and he began to work on the history of education in Germany. Arnold’s group eventually became the Foreign Office Research Department (FORD), and Dodds produced for it lengthy memoranda to inform others working on the subject. He also lectured at many meetings and published a pamphlet, Minds in the Making, a study of the hollowness and barbarity of Nazi ideology and its effects on education. For FORD he also chaired committees on re-education and on textbook production. In 1947, he led a delegation to Germany of the Association of University Teachers, which produced a damning report on the state of German universities. He proved to be one of the most significant people involved in shaping educational policy as it developed in the British Zone of Germany.


Author(s):  
Annalisa Enrile ◽  
Dorotea Mendoza

The term human rights defenders was coined after the ratification of the United Nations Declaration of Human Rights in 1998. The term encompasses those who identify and act as advocates, activists, professionals, and workers; those who monitor and take reports; and others who work in the human rights arena. The point of unity that all human rights defenders share is that they seek to promote and protect basic civil rights. They may do this in multiple capacities, including providing legal aid, mental health services, casework, and general protection such as providing shelter or security. The work of human rights defenders is difficult and dangerous. In 2017, more than 300 human rights defenders were killed. The Philippines has a history of violations in the spheres of labor, politics, and gender rights. In 2017, there were human rights violations in the form of more than 350,000 displaced persons, more than 4,000 extrajudicial killings, overpopulated prisons, and the trafficking of thousands of women and children. The most effective way to address these violations is through transnational organizing and movement building, cultivating international alliances of women who fight abuses against human rights defenders. These organizations and coalitions operate beyond borders and create change through engagement.


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