The Right to Leave and the Right to Return: A Declaration Adopted by the Uppsala Colloquium, Sweden, June 21, 1972

1973 ◽  
Vol 7 (1) ◽  
pp. 62-66

A Declaration Adopted by the Uppsala Collogium, Sweden, June 21, 1972. In June 1972, in Uppsala, Sweden, legal and human rights experts from 25 countries joined in a colloquium to examine the meaning and implications of Article 13 (2) of the Universal Declaration of Human Rights, which states: “Everyone has the right to leave any country, including his own, and to return to his country.” Brought together under the auspices of the Law Faculty of Uppsala University, the Renέ Cassin International Institute for Human Rights, in France, and the Jacob Blaustein Institute for the Advancement of Human Rights, in New York, the participants reviewed current policies and practices around the world related to the right to leave and to return. Taking as their springboard a group of draft principles approved in 1963 by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, they adopted a Declaration on the subject.

2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.


2018 ◽  
Vol 47 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Emma Stone Mackinnon

This article argues that the Universal Declaration of Human Rights (UDHR), by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I consider the drafting of the UDHR, using as an entry point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights.


2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 95-112
Author(s):  
Dr. Burhan Uddin ◽  
Arsala Khan ◽  
Abdur Rahim Khan

The history of slavery is very old. In which three types are very famous. Sell a freelance person, making slavery to a person resulting in a loss, and the prisoners arrested in the war were enslaved. Islam eliminated the first two types and the third case as an option left. On December 10th, 1948 UN passed the Universal Declaration of Human Rights, which includes the right to human rights with other rights. Any type of slavery was prohibited. In the light of this universal charter, objections to Islam's concept of slavery began to be raised. What is the validity of the objections in the light of the Universal Declaration of Human Rights 1948  raised against the Islamic concept of slavery? the methodology adopted for this research is to examine the contents of the Universal Declaration of Human Rights from an Islamic point of view. In the same way, a true Islamic, rational and logical examination of the concept of slavery of Islam has been presented. There is also a wise law about slaves in the universal system that Islam has given to the world. Slavery in the name is left, otherwise, all their rights are in no way less than free human beings.   In case of any kind of abuse, they could have approached the Islamic court and got justice.


2008 ◽  
Vol 2 (2) ◽  
pp. 13-21
Author(s):  
Jef Van Langendonck

This article initially dwells on the concept of social security's historical development. It starts with the characteristics and the spirit behind the inclusion of such right in the Universal Declaration of Human Rights. It then discusses the now ancient paradigm set by the I.L.O and the neo-liberal approach by the World Bank, pointing both theories merits as well as unmasking their flaws. It concludes by offering a new concept of international social security via the collaboration between nations, grounded mainly on the solidarity principle.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 149-154
Author(s):  
Giorgia Bevilacqua

The Universal Declaration of Human Rights was proclaimed on 10 December, 1948, in order to offer a common standard of achievements in the context of fundamental human rights all peoples and all nations of the word. Of the rights universally recognized in the Declaration, the right to life presented a special significance in response to the atrocities and barbarous acts which preceded its proclamation: the right to life is irreversible and essential to the enjoyment of any other rights. In addition to the Universal Declaration, the right to life is stipulated in several multilateral treaties that confirm the relevance of the right to life for the entire international community. And even though none of these treaties includes the right to life at sea, the UN Convention on the Law of the Sea sets out the duty to rescue people in distress at sea. In light of the persistent migratory crisis in the Mediterranean, as well as of the tendency to manage migration through activities of securitization, this paper aims to share some reflections on the current meaning of the obligations undertaken by the majority of States in the last 70 years in relation to the right to life.


2020 ◽  
Vol 50 (1) ◽  
pp. 1
Author(s):  
Siska Elvandari

One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are considered to have been born when interest is desired. However, in fact the guarantee and protection of the right to live and maintain life has been neglected in line with the legalization of abortion against victims of rape crimes stated in Law Number 36 Year 2009 concerning health. The legalization of abortion against victims of rape crimes certainly has drawn polemics in various circles, namely between pro life and pro choice groups.


Author(s):  
Érika Do Amaral Véras ◽  
Romulo Rhemo Palitot Braga

No Brasil, assim como em diversos países do mundo, principalmente os países em desenvolvimento, o abortamento representa um grave problema de saúde pública, justiça social e direitos humanos, tornando o aspecto penal apenas um detalhe. Este estudo pretende conceder uma visão geral sob a temática do aborto, trazendo as principais mudanças sobre o assunto ao longo do tempo e, em especial, o atual posicionamento do Poder Judiciário brasileiro. Para tanto, o método de abordagem escolhido para elaboração do presente artigo foi o dedutivo, o método de procedimento foi o histórico e a técnica de pesquisa a bibliográfica.  WOMAN AND THE RIGHT TO THE OWN BODY: THE GUARDIANSHIP OF ABORTIONABSTRACT In Brazil, as well as in several countries of the world, especially developing countries, abortion represents a serious problem of public health, social justice and human rights, making the criminal aspect only a detail. This study intends to give an overview on abortion, bringing the main changes on the subject over time and, in particular, the current position of the Brazilian Judiciary. For this, the method of approach chosen for the elaboration of the present article was the deductive, the method of procedure was the historical and the research technique the bibliographic. KEYWORDS Abortion; Crime; Right.


2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


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