scholarly journals Shaming school children: A violation of fundamental rights?

2019 ◽  
Vol 17 (1) ◽  
pp. 62-81 ◽  
Author(s):  
Joan F. Goodman ◽  
Britiny Iris Cook
Keyword(s):  
Human Rights ◽  
School Children ◽  
Human Dignity ◽  
Fundamental Rights ◽  
The Self ◽  
The Other ◽  
Charter Management Organizations

Children in schools are often shamed, at times intentionally, sometimes inadvertently. The question we pose is whether this practice violates their fundamental human rights, in particular that of freedom. Arguably, because of their limited capacities and dependent status what children require is protection rather than rights. Yet, children are not just a collection of needs requiring care; they are also apprentices to adulthood holding ‘rights-in-trust’. We confront the conflict through the following: (1) clarify the slippery term shame and its corollaries humiliation, embarrassment, and guilt; (2) illustrate school shaming practices with a focus on No Excuses charter management organizations; (3) review empirical and theoretical appraisals of shaming; (4) suggest that the concept of human dignity, upon which human rights rest, creates a moral barrier limiting the permissibility of shaming; (5) it follows schools should foster children’s dual rights, welfare, and freedom/autonomy, with a consciousness of freedom as the eventual and pre-eminent goal; (6) in conclusion, shame – a disparagement of the other by a person in authority that is both intended and received as such – is almost never justified as a disciplinary technique. It shrinks the self and immobilizes action. Discipline through guilt inducement is far preferable because its target is an act, not the person, and it motivates reparation. Schools are therefore obliged to abolish shaming practices, in so far as they can, and search for disciplinary alternatives; we offer an approach.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

scholarly journals Penal Measures and Policies Governing the Phenomenon of Human Trafficking with a Look at International Documents

2016 ◽  
Vol 9 (6) ◽  
pp. 68
Author(s):  
Ahmad Purebrahim ◽  
Iraj Goldozian
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Social Life ◽  
Human Growth ◽  
Fundamental Rights ◽  
Human Society ◽  
Social Situations ◽  
Theological Virtues ◽  
Important Position ◽  
International Instruments

Human dignity, and respect and commitment to it, is considered as one of fundamental principles of divine religions and international instruments on human rights. Benefit from valuable moral and theological virtues in order to provide of human growth and development exclusively is in the light of fundamental rights and the principle of preserving human dignity. Accordingly, today the concept of human rights and commitment to follow it in the international and national legal systems has a very important position. Rejection of all forms of exploitation humiliation and torture is one of the first underlying layer of human rights which known as negative human rights or social Don'ts. Although as the interpretation of the famous French philosopher Jean-Jacques Rousseau in the eighteenth century, human is born free but in the process of social life and adapting to social situations in different ways to be distracted from their pure nature. Countless people in the world today are subject to oppression, even are subject to varying degrees of slavery instances including humiliation and degradation and prostitution. This research attempts to analyze the irreparable consequences of this phenomenon on human society, and also to look beyond national and transnational criminal measures and policies on this phenomenon.

Solidarity

2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
Self Determination ◽  
Third Generation ◽  
Human Rights Law ◽  
Healthy Environment ◽  
Right To Development ◽  
The Right ◽  
Collective Dimension

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.

scholarly journals Problem of Statelessness in Nepal

NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Universal Principle ◽  
Legal Obligations ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

scholarly journals The refugee regime and its weaknesses. Prospects for human rights and Kant’s ethic

Human Affairs ◽  
2016 ◽  
Vol 26 (3) ◽  
Author(s):  
Josef Koudelka
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
International Agreements ◽  
The Other ◽  
European Countries ◽  
Ethical Values ◽  
Negative Consequences ◽  
Security Risks ◽  
Other Hand ◽  
Western Concept

AbstractWhen governments create refugee policies they consider several factors (security, economics, ethics, etc.). There are reasons why admitting refugees could have negative consequences (for example, security risks). On the other hand, if the recipient societies have ideals that stress the importance of helping other people, they should act according to their values. The aim of this article is to examine the concept of human dignity and show that European states should admit and help refugees because it is in accordance with their ethical values and the international agreements they have signed. This is important because when European countries hesitate to help refugees, they act not only contrary to their humane tradition, but they can harm them. The western concept of human dignity is one of the main values that stresses that each person is important—that they are equal and free.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

scholarly journals Atikel

2021 ◽  
Author(s):  
Elinda dwi sari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Present Information ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Health Rights ◽  
Basic Standards ◽  
Dignified Life

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.

Contours of Dignity

2020 ◽  
Author(s):  
Suzy Killmister
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Specific Form ◽  
The Other ◽  
Moral Significance ◽  
Social Construct ◽  
Recognition Respect ◽  
Personal Dignity ◽  
The One ◽  
The Relationship

Contours of Dignity develops a theory geared towards explaining the complex and varied role dignity plays in our moral lives. This includes the relationship between dignity and respect; the ways in which shame and humiliation can constitute dignity violations; and the relationship between dignity and human rights. Dignity, according to this theory, comes in three strands: personal dignity, social dignity, and status dignity. Each strand involves a specific form of respect. On the one hand, personal dignity involves self-respect while social and status dignity involve the respect of others. On the other hand, personal and social dignity both involve appraisal respect, while status dignity involves recognition respect. With these distinctions in hand, Contours of Dignity then explores the moral significance of dignity, offering a novel explanation of the source and scope of individuals’ claims to have their dignity respected. The book concludes with a discussion of the relationship between dignity and human rights, arguing that we should understand human dignity as a social construct, but one that nonetheless vindicates the human rights project.

The Accession of the European Union to the European Convention on Human Rights Four Years after Opinion 2/13: Should We Lose Hope?

2019 ◽  
Vol 9 (2) ◽  
pp. 222-250
Author(s):  
Anna Francesca Masiero
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
Principle Of Legality

The accession of the European Union to the European Convention on Human Rights is an issue frequently addressed by (not only internationalist) legal scholars, who stress that it would allow for an optimisation of the level of protection of fundamental rights in the European legal area. After reviewing the historical stages of accession, this paper focuses on the second opinion of the Court of Justice regarding it (Opinion 2/13 of 2014). Therein, accession is presented as an unattainable goal, probably because of the refusal of the Court of Justice to submit to the other European court, the Strasbourg Court of Human Rights. Subsequently, the paper reviews the possible effects of accession on the current legal scenario with special attention to the Italian legal system. Finally, it aims at figuring out how accession could affect criminal matters: in particular, by means of an example concerning the principle of legality, the purpose is to demonstrate how accession could lead to an improvement of the criminal guarantees of the European legal area.

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