Speaking Rights to Theory

2007 ◽  
Vol 32 (4) ◽  
pp. 393-417
Author(s):  
P. A Hayman

The status of constructivism as an open and accommodating intellectual approach is at odds with its aim of becoming the most appropriate site for a theory-practice synthesis. As an exemplar of the social concern that forms the ontology of constructivism, human rights is well placed to provide the context of a critique. More often than not, human rights are taken to be an unreliable variable within differently conceived international political schema. It is now an appropriate time to look again at the opportunities that human rights offers in establishing the cohesion of constructivism. Challenging the limitations of preconceived notions of social knowledge, the focus of the article will be on the human-rights side of the equation; namely, its features as a universal and its manifestation as a power, and what they tell us about the requirements for “becoming theory.”

Author(s):  
Gordon Pearson

Democratic commitments to progress for all have long been made. The necessary aims must include responsibility for environmental stewardship to ensure that a sustainable planet earth is passed down to succeeding generations. Commitments are also made to achieving universal human rights to freedom from the five giant evils of society: squalor, ignorance, want, idleness and disease. All people must also enjoy equal opportunities irrespective of race, gender, religion or belief, age, disability or sexual orientation, and societies must achieve some measure of social balance. Politicians have long made such heroic statements of intent, but actual achievement has fallen far short of those commitments. They can only be achieved by the effective operation of all three layers of the real economy, nominated here as the social-infrastructural, progressive-competitive and technological-revolutionary layers. Each layer is briefly outlined, together with the essential roles they must play in economic progression without destruction. Recognition of the interdependence of all humanity and the early stirrings of a rising rebellion against the status quo are noted.


2021 ◽  
Vol 19 (2) ◽  
pp. 157-171
Author(s):  
Rohinah Rohinah ◽  
Nisfi Anisah

Status Janda dapat menyebabkan subordinasi dan marginalisasi. Hal ini Nampak jelas pada perempuan yang sering mengalami pengucilan sosial dan perampasan ekonomi. Janda bukan hanya nasib kurang beruntung, miskin, dan orangtua tunggal akan tetapi sikap didiskriminasi adalah pemicu dari hilangnya hak ekspresi. Status janda juga menjadi sasaran kecurigaan dan tuduhan kejahatan moral. Paper ini bertujuan mengetahui spirit pendirian komunitas persaudaraan Janda-Janda Indonesia (PJJI) Armalah Yogyakarta serta program kegiatan dan program pendampingan atau advokasi. Hal tersebut mengeksplorasi kemungkinan agensi perempuan dan destigmatisasi dalam mobilisasi jejaring sosial pada penekanan nilai kehormatan sosial sebagai seorang ibu. Paper menunjukkan tata cara kerja PJJI Armalah yang fokus pada Janda dalam hak keadilan yang berlandaskan spirit cinta kasih dan persamaan kesejahteraan dalam nilai Pancasila. Hal ini mendorong para janda dalam sikap berani dan mandiri dalam kebenaran.[A widow condition talks the subordination and marginalization on Social frame. The Woman in status is especially evident in seeing the experience of social exclusion and economic deprivation. Widows are not only unlucky, poor, and single parents, but the attitude of being discriminated against is the trigger for the loss of the right to expression. The status of the widow was also putting to suspicion and allegations of moral crimes. This paper aims to find out the spirit of the establishment of the organization's human rights on persaudaraan Janda-Janda Indonesia (PJJI) Armalah Yogyakarta. It is as well as activities in advocacy programs. It explores the possibility of female agency and destigmatization in the social framework for the Social honor value as women and mothers. The paper shows the work procedures of PJJI Armalah which focuses on widows in the right of justice based on the spirit of love and equality. It puts welfare in the values of Pancasila. The idea encourages widows to be courageous and independent in righteousness.] 


Author(s):  
A. N. Il’in

In the West, there is a total substitution of concepts, expressed in the idea of tolerance, according to which humanism manifests itself in respect for any system of values. The criteria for good and evil are neutralized, and the Weld of what is permitted is expanded. Values and life practices that were traditionally considered unacceptable and marginal in the culture receive the status of normal and even necessary. When the boundaries of tolerance are not defined, the idea itself becomes dehumanizing. But the dehumanizing meaning of the ongoing cultural transformations is hidden behind emotionally attractive names like human rights and democracy. Socially harmful ideology and the life practices it absolutizes are given a lot of emotionally euphonious names, which are simulacra that hide the true essence of the phenomena being signified. Ne protection of minority rights under the banner of democracy and human rights is usually an attack on the rights of the majority, and human rights are wrongly identified with the rights of the minority. The absolutization of the rights of social minorities (and the most radical ones in relation to traditional culture) is at the same time an infringement of the rights of the majority. The social majority becomes oppressed. Ne idea of tolerance implanted anti-democratic, without taking into account the views of the public. In the West, it is necessary to show tolerance both to different practices and points of view, and to the very fact of planting this tolerant line. That is, a mandatory tolerance for tolerance is instilled. The common idea of postmodern relativization of values is not entirely correct. The sick, the evil, and the unreasonable are given more right to exist than the healthy, the good, and the reasonable. But instead of equating the worthy and the unworthy, a “sociocultural inflection” is carried out towards the unworthy. Criticism of homosexuality is presented as reprehensible intolerant homophobia, and parents who are negative about gay propaganda risk becoming clients for juvenile services. Even schools began to reorient themselves under the apologia of sexual perversion, which is a reversal to the de-intellectualization and dehumanization of children’s minds. Trends that are referred to as ways to protect human rights, freedom, and democracy actually lead to social dehumanization.


Author(s):  
Nadezhda N. Fedotova ◽  

The article highlights several areas that pose challenges for social science today. One of the challenges is the study of culture. The evolution of interest in culture in the social sciences is traced through an appeal to the role of culture in eco­nomics, which was an ideal type of ignoring culture for the most part of the 20th century. A paradigmatic shift towards interest in the study of culture at the turn of the 20th and the 21st centuries temporarily expelled society from the main forces that determine human behavior. This approach is no less reductionist than the previous expulsion of culture. The growing attention to the role of culture somewhat obscures the discussion of the problems caused by the spread of global capitalism and the development of digital technologies. Several other challenges stem from the changes in the internal and external contexts of social knowledge production. In our opinion, the idea of human rights is becoming a new significant context both for discussing the challenges of digitalization, and external challenges to science. The author maintains the right to one’s own knowledge and public expression of judgment, to some extent reduces the grow­ing restrictions in other areas of the human rights exercise.


2015 ◽  
Vol 8 (2) ◽  
Author(s):  
Dr Archna Katoch

The purpose of this paper is to determine the social status of women and "focus on gender disparities in India. It examines the effectiveness of constitutional laws, enactments and policies to establish the human rights and gender justice. In order to draw the inferences, different types of surveys reports and research studies showing the conditions of women have been used. Study concludes that the conditions of women have undoubtedly improved but gender injustice is still a problem that is seen all over in the society. In India the most of the laws are not effective as they are ahead of public opinion and willingness of the people to change the society and give the women the status of equality. We are still unaware and in the grip of customs and traditions which covertly discriminate against women.


1970 ◽  
pp. 53-57
Author(s):  
Azza Charara Baydoun

Women today are considered to be outside the political and administrative power structures and their participation in the decision-making process is non-existent. As far as their participation in the political life is concerned they are still on the margins. The existence of patriarchal society in Lebanon as well as the absence of governmental policies and procedures that aim at helping women and enhancing their political participation has made it very difficult for women to be accepted as leaders and to be granted votes in elections (UNIFEM, 2002).This above quote is taken from a report that was prepared to assess the progress made regarding the status of Lebanese women both on the social and governmental levels in light of the Beijing Platform for Action – the name given to the provisions of the Fourth Conference on Women held in Beijing in 1995. The above quote describes the slow progress achieved by Lebanese women in view of the ambitious goal that requires that the proportion of women occupying administrative or political positions in Lebanon should reach 30 percent of thetotal by the year 2005!


2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.


2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Jeremy Sarkin

This article explores the role of the African Commission on Human and Peoples’ Rights and the role it plays regarding human rights in individual country situations in Africa. It specifically examines the extent to which it has been able to advance a human rights agenda in countries with long-standing human rights problems. The article uses Swaziland/ eSwatini as a lens to examine the matter, because of the longstanding problems that exist in that country. This is done to indicate how the institution works over time on a country’s human rights problems. The article examines a range of institutional structural matters to establish how these issues affect the role of the Commission in its work. The article examines the way in which the Commission uses its various tools, including its communications, the state reporting processes, fact-finding visits, and resolutions, to determine whether those tools are being used effectively. The article examines how the Commission’s processes issues also affect it work. Issues examined negatively affecting the Commission are examined, including problems with the status of its resolutions and communications, limited compliance with its outcomes, and inadequate state cooperation. Reforms necessary to enhance to role and functions of the Commission are surveyed to determine how the institution could become more effective. The African Union’s (AU|) Kagame Report on AU reform is briefly reviewed to examine the limited view and focus of AU reform processes and why AU reform ought to focus on enhancing human rights compliance. The article makes various suggestions on necessary institutional reforms but also as far as the African Commission’s procedures and methods of work to allow it to have a far more effective role in the promotion and protection of human rights on the continent. It is noted that political will by the AU and African states is the largest obstacle to giving the Commission the necessary independence, support and assistance that it needs to play the role in Africa that it should.


Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


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