Normative Pluralism

2016 ◽  
Vol 13 (4) ◽  
pp. 382-399 ◽  
Author(s):  
Mónica Gómez Salazar

This article suggests that an epistemological and ontological pluralist perspective may enable human beings to cooperate each other and live with less injustice. Intercultural cooperation may help for a reformulation of the Human rights in order to consider aspects of different ways of life like the variations of moral, political and judicial norms. I expound that Liberal pluralism does not respond adequately to present day multiculturalism. Additionally, I explain that Human rights are not inclusive norms for all ways of life. I definitely sustain that some communities do not have to agree to live in the same moral world as others, but, that it is indeed necessary to know each other’s differences so as to be able to respect them.

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.


Author(s):  
Lutz Leisering

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.


Author(s):  
Priscilla Paola Severo ◽  
Leonardo B. Furstenau ◽  
Michele Kremer Sott ◽  
Danielli Cossul ◽  
Mariluza Sott Bender ◽  
...  

The study of human rights (HR) is vital in order to enhance the development of human beings, but this field of study still needs to be better depicted and understood because violations of its core principles still frequently occur worldwide. In this study, our goal was to perform a bibliometric performance and network analysis (BPNA) to investigate the strategic themes, thematic evolution structure, and trends of HR found in the Web of Science (WoS) database from 1990 to June 2020. To do this, we included 25,542 articles in the SciMAT software for bibliometric analysis. The strategic diagram produced shows 23 themes, 12 of which are motor themes, the most important of which are discussed in this article. The thematic evolution structure presented the 21 most relevant themes of the 2011–2020 period. Our findings show that HR research is directly related to health issues, such as mental health, HIV, and reproductive health. We believe that the presented results and HR panorama presented have the potential to be used as a basis on which researchers in future works may enhance their decision making related to this field of study.


2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.


Author(s):  
John Vorhaus

Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.


2015 ◽  
Vol 3 (2) ◽  
pp. 100
Author(s):  
Paulette Andrea Henry

<p>The understanding of human rights are important to social work education and practice especially since the global definition of social work highlights the dual role of social work as a practice based profession and academic discipline emphasizing the principles of social justice, human rights, collective responsibility and respect for diversity. Concomitantly, social work education must ensure that students know and understand human rights laws especially since human rights are inherent to all human beings and are often expressed and guaranteed by international law which Governments are expected to uphold. Social workers have a commitment as duty bearers in supporting governments in the upholding of those agreements pertinent to the wellbeing of the people. Using the University of Guyana as a frame of reference this paper examined students’ knowledge on international agreements prior to leaving the University since these laws not only speak to nation states but to universal practices and many social work issues transcend borders. This paper utilized a mixed method approach to ascertain students’ awareness of international human rights laws and their perceptions on the applicability to practice. The findings show that there is limited knowledge amongst social work students on human rights covenants and conventions. This assessment is instructive to social work educators locally and internationally pointing to the need for integration into the curricula. It is imperative that generalist practitioners leave the University with a clear understanding of these laws as many practice issues are transnational. There will be the need for international social work to be a taught course for undergraduates training to become generalist practitioners.</p>


Author(s):  
Kenneth Pennington

One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems. Universality is the most basic and difficult. If human rights are only a product of Western ideas of justice, they cannot have universality. In an age that is dominated by conceptions of law embracing some form of legal positivism, many scholars recognize only individual rights that have been established by the constitutional jurisprudence of individual countries or their legal systems. Historically, the emergence of rights in European jurisprudence is intimately connected with the terms ius naturale and lex naturalis in Western jurisprudence and theological thought. Human beings may never agree on universal rules of a natural law, but they might agree on universal precepts that shape the penumbra of rights surrounding natural rights.


2010 ◽  
Vol 40 (4) ◽  
pp. 440
Author(s):  
Uswatun Hasanah

AbstrakIn Islamic law, there are principles of equality among all human beings,including equality between men and women. To manifest the principles ofequality, proper understanding of Islamic law and human rights is needed.Human rights, including women's rights are often mentioned in al-Qur'anand al-Hadits. Islam comes to bring fresh air for women because God'srevelation descended to Prophet Muhammad talks much about women, bothabout their rights and obligations. Although Islam has been present for morethan fourteen centuries ago, but the provisions contained in al-Qur 'an andthe al-Hadith, as sources of Islamic law have not been realized properly inIslamic society, even until today there are still practices in Islamiccommunities that put Muslims women not as they should. Although therewere not many, but the condition can lead to incorrect understanding ofIslam in society that Islam less aware ofwomen's rights. Infact, Islam givesgreat attention and gives a respectable position for women. In order that thewomen's rights can be implemented appropriately, every Muslim shouldunderstand Islamic law well and correctly, so they can realize their rightsand obligations as servants of God, as members of society and citizens.Human rights and women issues should be perceived as a problem faced notby women only, but also by all people in society. Awareness about women'srights in Islam cannot establish by itself but must be cultivated through acorrect dissemination of correct understanding to the community,particularly Muslims, both men and women.


2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  


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