'Human Rights', 'Religion' and the 'Secular': Variant Configurations of Religion(s), State(s) and Society(ies)

2006 ◽  
Vol 1 (1) ◽  
pp. 17-39 ◽  
Author(s):  
Paul Weller
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Historical Development ◽  
Historical Perspective ◽  
Religious Plurality ◽  
The Future ◽  
The Usa ◽  
The Right ◽  
The Relationship

AbstractDiscussions about the relationship between 'religion' and 'human rights' often focus on the problems that arise from 'religion'. Within a European historical perspective this is understandable since one of the most important aspects of the historical development of the 'human rights' tradition in the Europe has been the struggle for the right not to believe.However, the concept of the 'secular' is also not unproblematic. Thus this article explores the contested relationship between 'human rights' and 'religion' by bringing into focus also the relatively hidden factor of the 'secular'. This is done by exploring the forms of secularity exemplified in the traditions and approaches that are found in the USA, France, Turkey, the Netherlands and India. Finally, reference is made to traditional Islamic models for integrating cultural and religious plurality, before concluding with some discussion of the thought of Marc Luyckx in relation to the future of Europe.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

scholarly journals Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
World Peace ◽  
Special Rapporteur ◽  
International Level ◽  
Minority Religions ◽  
Religious Intolerance ◽  
The Right ◽  
The Relationship

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

scholarly journals RELASI AGAMA DAN NEGARA

2017 ◽  
Vol 10 (2) ◽  
pp. 1-21
Author(s):  
Edi Gunawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Human Beings ◽  
Literature Study ◽  
Islamic Thought ◽  
Religion And State ◽  
The Right ◽  
State Relations ◽  
The Relationship ◽  
Descriptive Method

This paper examines religious and state relations of Islamic thought perspective. This study aims to describe how the relationship between religion and state in the view of Islam. The method used in obtaining data is descriptive method through literature study. The results of the study show that among Muslim figures or thinkers such as Nurcholish Madjid and Abdur Rahman Wahid agree that there is a constructive relationship between state and religion which by revivalists separates it. Some of the indicators are: (1) Islam gives the principles of the formation of a state with the concept of khalīfah ,dawlah, or hukūmah, (2) Islam emphasizes the democratic values of truth and justice, and (3) Islam upholds Human Rights by stating that the basic rights that human beings bring ever since they are born are the right of religious freedom. Therefore, Islam essentially emphasizes the importance of human rights to be upheld in a state, because human rights are rights that should not be disturbed and deprived from the person who has the right.

scholarly journals Constitutional Dilemma of Pakistan: 1947 -1956

2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari
Keyword(s):  
Human Rights ◽  
Political Leadership ◽  
Deep Insight ◽  
Constitutional Development ◽  
The World ◽  
Refugee Problem ◽  
The Right ◽  
The Given ◽  
The Relationship ◽  
Insight Into

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.

18. The right to self-determination

2019 ◽  
pp. 330-347
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

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