Chapter IX. Individual Rights And Common Good: Henry Of Ghent And The Scholastic Origins Of Human Rights

2010 ◽  
pp. 243-258 ◽  
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Individual Rights ◽  
Henry Of Ghent

The Stakes of Decolonization, 1945–1960

2017 ◽  
Author(s):  
Talbot C. Imlay
Keyword(s):  
Human Rights ◽  
Majority Rule ◽  
Minority Rights ◽  
The Political ◽  
Nation State ◽  
Individual Rights ◽  
Political Implications ◽  
Common Position ◽  
Human Individual ◽  
Post War

In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.

Is the assessment under Article 8 ECHR for migrants justifiable?

2021 ◽  
pp. 1023263X2110614
Author(s):  
Jennie Edlund ◽  
Václav Stehlík
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
European Convention ◽  
Individual Rights ◽  
Foreign Nationals ◽  
European Court ◽  
The Family ◽  
The Individual ◽  
The Way

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.

scholarly journals Khlaifia and Others v. Italy

2018 ◽  
Vol 112 (2) ◽  
pp. 274-280
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
Individual Rights ◽  
Detention Centers ◽  
European Court ◽  
Grand Chamber ◽  
The Individual ◽  
The Arab Spring ◽  
Domestic Law

In Khlaifia and Others v. Italy, the Grand Chamber of the European Court of Human Rights (Grand Chamber or Court) released a landmark opinion with broad implications for how states must respect the individual rights of migrants. In the judgment, issued on December 15, 2016, the Court held that Italy's treatment of migrants after the Arab Spring violated the requirement of the European Convention on Human Rights (ECHR) that migrants receive procedural guarantees that enable them to challenge their detention and expulsion. The Court also held that Italy's treatment of migrants in detention centers did not violate the ECHR's prohibition on cruel and inhuman treatment, in part due to the emergency circumstances involved. The Court further held that Italy's return of migrants to Tunisia did not violate the prohibition on collective expulsion in Article 4 of Protocol 4 of the ECHR. Enforcement of the judgment would require many European states to provide a clear basis in domestic law for the detention of migrants and asylum-seekers. Given the global diffusion of state practices involving migrants, and other states’ desires to restrict migration, this case has broad implications for delineating the obligations of states to migrants and the rights of migrants within receiving countries.

Rights

2011 ◽  
Author(s):  
Kenneth Pennington
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Legal Positivism ◽  
Individual Rights ◽  
Legal Systems ◽  
Human Beings ◽  
Group Rights ◽  
Constitutional Jurisprudence ◽  
Theological Thought

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.

scholarly journals Neokantismo, valores e razão discursiva: aproximações da metodologia jurídica com a axiologia política kantiana

2016 ◽  
Vol 1 (1) ◽  
pp. 92-108
Author(s):  
Newton de Oliveira Lima
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Common Good ◽  
Core Values ◽  
Legal Knowledge ◽  
Procedural Rationality ◽  
Linguistic Methodology ◽  
Philosophical School ◽  
Pragmatic Turn ◽  
Legal Methodology

The neokantianism as a philosophical school of thought of Law developed as legal knowledge method that searched for a phenomenological intuition prescribe legal values . The linguistic- pragmatic turn in philosophy in the mid- twentieth century led to the replacement of the legal neokantianism by a linguistic methodology on the Law within a justifying discourse procedure of human rights as core values (liberty, equality, common good) and a procedural rationality who returns to Kant as a defense of State of Law. We will seek to map the discourse and Kantian justification of Law from the thought of Ricardo Terra and its approach to legal values as linguistic objects, paving the way for a new legal methodology based on constructed values arguably and according to the principles of kantian reason.

scholarly journals RELEVANSI HAK KEKAYAAN INTELEKTUAL DENGAN HAK ASASI MANUSIA GENERASI KEDUA

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Ni Ketut Supasti
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Key Words ◽  
Second Generation ◽  
Individual Rights ◽  
Key Words Human ◽  
Human Right ◽  
Potential Conflict ◽  
Literary Works

It is likely not easy to categorize IPR as human right. Based on the human right test and positivism approach, can be categorized into three schemes. : First, IPR is not human rights but it is under purely the dimension of law.  Second, some aspects of IPR have potential conflict with human rights. Third, IPR is human rights by emphasizing property rights and individual rights. The relevancy between IPR and the second generation of human rights can be considered based on Article 27.2 UDHR, Article 15 ICESCR and it General Comment No. 17 that  emphases the recognition and protection of art and literary works.  Key words: human right, IPR, relevancy, second generation

Reconciling Liberalism and Communitarianism

1999 ◽  
pp. 142-168
Author(s):  
Beth J. Singer
Keyword(s):  
Social Norms ◽  
Personal Identity ◽  
Common Good ◽  
Individual Rights ◽  
The Common Good ◽  
Community Rights ◽  
The Common ◽  
Individual And Community Rights

This chapter explores the debate between liberalism and communitarianism. It shows that placing a high value on individuals and their rights does not entail sacrificing the common good or the good of the community. To begin with, both personal identity and individual rights are inseparably linked to membership in communities. Individuality and community are mutually constitutive, and the generation of social norms by persons in community with one another is the precondition and the source of all the rights that are actually operative in society. Furthermore, being reciprocal—consisting in mutually recognized entitlements and obligations to respect them—rights are not adversarial. They do not divide people from one another, nor do they set them against governments or states. At least in principle, then, individual and community rights are compatible.

Fundamental Rights Protection between Strasbourg and Luxembourg

2018 ◽  
Author(s):  
Katalin Ligeti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Grand Chamber

Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.

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