Drøftelse vedrørende anerkendelsesproceduren

1979 ◽  
Vol 48 (1-4) ◽  
pp. 171-172
Keyword(s):  
Human Rights ◽  
Executive Committee ◽  
The Other ◽  
Minor Importance ◽  
Legal Counsel ◽  
Refugee Status ◽  
Refugee Law ◽  
Legal Position ◽  
The One ◽  
Definition Of

AbstractThe extra territorial effect of the recognition as a refugee was discussed at length. On the one hand it was pointed out that the UNHCR Executive Committee had decided that other countries should recognize a refugee status which has been awarded once. As a consequence, states would be more restrictive to grant A status than B status. On the other hand, it was stressed that the refugee is primarily interested in receiving protection from one country, and the extra territorial effect is of relatively minor importance. Actual difference in the recognition practice of different countries also works against attaching too much importance to the extra territorial effect. It was suggested that the extra territorial effect could work by way of a rule of presumption so that a refugee status awarded in one country implies a presumption (which can be broken) that other countries will recognize this status. The closer resemblance between the national and the international definition of refugees, the greater the extra territorial effect. It was said that a number of the problems in Swedish refugee law which Nobel had pointed out would be solved by the new aliens bill. It was mentioned and criticized that the refugee definition contained in the bill is much more limited than the existing legislation and falls back on the level of the 1951 Concention. Particularly concerning the legal position in Denmark it was pointed out that pre-screening at the border is a serious problem which needs research. Another problem is the lack of explicit grounds for rejection, in particular in doubtful cases. Legal counsel might help to solve this problem to some extent. The most serious problem is, however, the lack of the possibility of appeal. It was suggested to establish a tribunal to decide problems of asylum in a Nordic context inter alia to deal with problems of the first country of asylum rule. It was also suggested to establish a European tribunal to decide problems of asylum resembling the European Commission on Human Rights. Arguments in favour of and against establishing independent national tribunals to decide asylum questions were put forward. It was suggested that the present Danish arrangement whereby the Danish refugee Council is heard in all doubtful or negative cases affords a much better possibility for a humanitarian input into the decision.

On the Concept of Freedom in the West

2020 ◽  
pp. 37-42
Author(s):  
Rached Ghannouchi
Keyword(s):  
Human Rights ◽  
The Other ◽  
Free Agent ◽  
The West ◽  
Power Domination ◽  
New Class ◽  
Determining Factors ◽  
The One ◽  
Definition Of ◽  
The Church

This chapter examines the Western concept of freedom. It links this concept to human rights and expounds on its history in the West. Here, the origin of the various declarations of human rights is associated with the historical rise of the bourgeoisie and, fundamentally, with the struggle that took place between the new class of merchants and industry leaders on the one hand and the kings, feudal lords, and the church on the other. In fact, the chapter argues that to conceive of the free agent as a person without any outside pressure underlines a negative and mechanical definition of individual freedoms. It asserts that the balance of powers—political power, domination, and wealth—are the true determining factors of rights and freedoms in the West. Despite these, the chapter stresses that the development of human rights is indeed significant; it is only that such a legacy fails to shine through from within Western political and economic structures as well as the international arena.

27. International refugee law

2017 ◽  
Author(s):  
Alice Edwards
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law ◽  
Definition Of ◽  
The Relationship

This chapter first explains the purpose and scope of international refugee law. It then identifies the five fundamental elements of the Refugee Convention, and discusses other important parameters of international refugee law more broadly. The chapter explores the relationship between international refugee law and human rights law at the macro-level. It analyses specific aspects of refugee law—namely, the definition of a refugee, the prohibition of refoulement, refugee rights, and the ending of refugee status and solutions—and analyses how international human rights law informs them.

Óscar Romero and the Politics of Sainthood

2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson
Keyword(s):  
Human Rights ◽  
Civil War ◽  
El Salvador ◽  
The Other ◽  
Post Colonial ◽  
Holy See ◽  
The Poor ◽  
The Face ◽  
Crisis Of Modernity ◽  
The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick
Keyword(s):  
Human Rights ◽  
First Century ◽  
The Other ◽  
Moral Code ◽  
Bill Of Rights ◽  
Islamic Ethics ◽  
Specific Content ◽  
Societal Needs ◽  
The One ◽  
The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

Empire after Liberalism: The Transatlantic Right and Identitarian War

2021 ◽  
pp. 1-26
Author(s):  
CHRISTOPHER VIALS
Keyword(s):  
Human Rights ◽  
American Studies ◽  
White Male ◽  
First Century ◽  
The Other ◽  
Graphic Novel ◽  
Carl Schmitt ◽  
Source Text ◽  
Far Right ◽  
The One

American studies has developed excellent critiques of post-1945 imperial modes that are grounded in human rights and Enlightenment liberalism. But to fully gauge US violence in the twenty-first century, we also need to more closely consider antiliberal cultural logics. This essay traces an emergent mode of white nationalist militarism that it calls Identitarian war. It consists, on the one hand, of a formal ideology informed by Identitarian ethno-pluralism and Carl Schmitt, and, on the other, an openly violent white male “structure of feeling” embodied by the film and graphic novel 300, a key source text for the transatlantic far right.

scholarly journals Silencing Their Critics: How Government Restrictions Against Civil Society Affect International ‘Naming and Shaming’

2020 ◽  
pp. 1-22 ◽  
Author(s):  
Hannah Smidt ◽  
Dominic Perera ◽  
Neil J. Mitchell ◽  
Kristin M. Bakke
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civil Society Organizations ◽  
The Other ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The One ◽  
Naming And Shaming ◽  
Flow Of Information ◽  
Cross National

Abstract International ‘naming and shaming’ campaigns rely on domestic civil society organizations (CSOs) for information on local human rights conditions. To stop this flow of information, some governments restrict CSOs, for example by limiting their access to funding. Do such restrictions reduce international naming and shaming campaigns that rely on information from domestic CSOs? This article argues that on the one hand, restrictions may reduce CSOs’ ability and motives to monitor local abuses. On the other hand, these organizations may mobilize against restrictions and find new ways of delivering information on human rights violations to international publics. Using a cross-national dataset and in-depth evidence from Egypt, the study finds that low numbers of restrictions trigger shaming by international non-governmental organizations. Yet once governments impose multiple types of restrictions, it becomes harder for CSOs to adapt, resulting in fewer international shaming campaigns.

Human Rights between Jurisprudence and Social Science

2015 ◽  
Vol 28 (2) ◽  
pp. 255-266 ◽  
Author(s):  
ALEXANDRA HUNEEUS
Keyword(s):  
Human Rights ◽  
Social Science ◽  
Human Nature ◽  
The Other ◽  
Human Rights Law ◽  
Social Science Theory ◽  
Science Theory ◽  
The One

AbstractThis article argues that human rights law – which mediates between claims about universal human nature, on the one hand, and hard-fought political battles, on the other – is in particular need of a richer exchange between jurisprudential approaches and social science theory and methods. Using the example of the Inter-American Human Rights System, the article calls for more human rights scholarship with a new realist sensibility. It demonstrates in what ways legal and social science scholarship on human rights law both stand to improve through sustained, thoughtful exchange.

scholarly journals The European Union's policy on human rights and Chinese sovereignism: The case of Xinjiang

2021 ◽  
Vol 73 (1) ◽  
pp. 58-86
Author(s):  
Dragan Trailovic
Keyword(s):  
Human Rights ◽  
Individual Case ◽  
The Other ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The One ◽  
Xinjiang Uyghur Autonomous Region ◽  
Rights Issues ◽  
The Eu

The article explores the European Union's approach to human rights issues in China through the processes of bilateral and multilateral dialogue on human rights between the EU and the People's Republic of China, on the one hand. On the other hand, the paper deals with the analysis of the EU's human rights policy in the specific case of the Xinjiang Uyghur Autonomous Region, which is examined through normative and political activities of the EU, its institutions and individual member states. Besides, the paper examines China's response to the European Union's human rights approaches, in general, but also when it comes to the specific case of UAR Xinjiang. ?his is done through a review of China's discourse and behaviour within the EU-China Human Rights Dialogue framework, but also at the UN level and within the framework of bilateral relations with individual member states. The paper aims to show whether and how the characteristics of the EU's general approach to human rights in China are reflected in the individual case of Xinjiang. Particular attention shall be given to the differentiation of member states in terms of their approach to human rights issues in China, which is conditioned by the discrepancy between their political values, normative interests and ideational factors, on the one hand, and material factors and economic interests, on the other. Also, the paper aims to show the important features of the different views of the European Union and the Chinese state on the very role of Human Rights Dialogue, as well as their different understandings of the concept of human rights itself. The study concluded that the characteristics of the Union's general approach to human rights in China, as well as the different perceptions of human rights issues between China and the EU, were manifested in the same way in the case of UAR Xinjiang.

scholarly journals Emotionally evaluative attitude of parents in the high conflict families to each other and the child

2016 ◽  
Vol 6 (4) ◽  
pp. 126-141
Author(s):  
S.S. Kulakov
Keyword(s):  
Negative Attitude ◽  
Semantic Differential ◽  
The Other ◽  
Dysfunctional Families ◽  
Psychiatric Examination ◽  
High Conflict ◽  
The One ◽  
Definition Of ◽  
The Relationship ◽  
Conflictual Relationship

The increasing number of dysfunctional families causes an increase in the number of civil litigation on the education of the child, where the relationship between the persons are highly conflictual. The actual task is study the one of components in the structure of the psychological relationship - emotional and semantic constructs underlying semantic perception of each other and the child's parents. Examination of 42 testees (parents) from harmonious families and 54 testees (parents) during the forensic psychological and psychiatric examination (regarding the definition of child`s residence or the order of meetings for the child and the parent who don`t live with it) by methods "Geometric test of relations" and "Semantic Differential" showed that in families where is highly conflictual relationship, there is positive assessments of herself and her child, while assessment of the spouse (wife) characterized inversion. This negative attitude toward the spouse (wife) is not the other parent's negative characteristics. It is the ignoring the other parent's positive characteristics. The positive acceptance of all family members was revealed in harmonious families.

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