scholarly journals Human Rights as an Element of Mutual Recognition and Equality of Opportunity

Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 95-114
Author(s):  
Bartosz Wojciechowski
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Significant Role ◽  
Mutual Recognition ◽  
Equality Of Opportunity ◽  
Cross Cultural ◽  
Cultural Consensus ◽  
Equal Opportunities ◽  
State Institutions ◽  
The Law

The fact of multiculturalism or pluralism plays a significant role in forming the law as well as in the functioning of various state institutions, hence human rights take a lead in the protection of the rights of minorities or discriminated groups. Considering these problems in my article, I formulate the thesis that arguments for the justification of human rights should be sought in the principle of mutual recognition, which is an expression of a cross-cultural consensus, an individualistic conception of a person, and equal opportunities as universal premises for these rights. Such assumptions expressed in human rights – whether justified or even framed in an innovative way – are the main force shaping a cosmopolitan civil society.

Promoting Democracy in the Face of Autocracy

2020 ◽  
pp. 123-137
Author(s):  
Catherine E. Herrold
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Transition To Democracy ◽  
Human Rights Organizations ◽  
The Face ◽  
The Law ◽  
Egyptian Government

Chapter 5 reviews how President Abdel Fattah al-Sisi, following his installation in 2014, quickly moved to consolidate power and repress Egypt’s NGO sector. The chapter describes how in 2017 the Egyptian government ratified an even more oppressive NGO law that further restricted foreign funding, eliminated loopholes for human rights organizations, curtailed permissible activities, and instituted more severe punishments for violating the law. Rather than a transition to democracy, Egypt seemed to have settled into even deeper autocracy, as President Sisi curtailed civil society even more repressively than had Mubarak. Chapter 5 draws on data collected in 2014 and 2017 to show how development NGO and foundation leaders persevered, finding new and creative ways to continue to fight for reform.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

scholarly journals Constitutional Voice for Good Governance in Bangladesh

2014 ◽  
Vol 3 (2) ◽  
pp. 149-156
Author(s):  
Md. Ashraful Alam ◽  
Nusrat Hasina
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Welfare State ◽  
Rule Of Law ◽  
Good Governance ◽  
Jel Classification ◽  
Equal Opportunities ◽  
Equal Rights ◽  
Classification Code ◽  
The Masses

Good governance is a real drive behind a country’s development. It protects the human rights, ensures the justice, maintains law an order and provides equal opportunities to the masses. It provides the fruits of progress and development to all and sundry. Participation, transparency and rule of law, are some essentials of good governance. It is a vital aspect at all levels of society and state. It makes the system of the state effective and efficient. Good governance is not well rooted in Bangladesh due to some challenges. Civil society is trying to focus the concept for smooth development and stability of a country. Because, people of the country enjoy equal rights where there is good governance. Minorities live freely and exercise their religion. Therefore, a welfare state can only exist if there is good governance. JEL Classification Code: K1

Law and Public Reason

Hegel's Value ◽  
2021 ◽  
pp. 276-319
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Public Reason ◽  
Mutual Recognition ◽  
The State ◽  
Court System ◽  
Legislative Power ◽  
Limited Role ◽  
Standards Of Evidence ◽  
Legal Positivist ◽  
The Law

This chapter provides an account of Hegel’s conception of the law and of the law’s realization within Civil Society and the State. It is argued that Hegel is a legal positivist because he holds that right is binding only when it has been promulgated as law, and that law can be valid even if it does not measure up to the standard of right. The chapter gives an account of Hegel’s contextualism and shows that he is committed to an essential but limited role for philosophy in determining the content of the law. Ultimately Hegel’s view is best understood as a public reason conception of the rationality of law. The court system is a prototype of public reason in that its goal is to guarantee standards of evidence and publicity in a setting of mutual recognition. The chapter argues that Hegel does believe in the need for a written constitution, and that his view of the legislative power is a further elucidation of public reason based on the idea of representative interests.

scholarly journals Arendt and the Modern State: Variations on Hegel in The Origins of Totalitarianism

2004 ◽  
Vol 66 (1) ◽  
pp. 105-138 ◽  
Author(s):  
Roy T. Tsao
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Social Groups ◽  
Body Politic ◽  
The State ◽  
Modern State ◽  
Uniform Rule ◽  
State Institutions ◽  
Single Body

Hannah Arendt's The Origins of Totalitarianism (1951), unlike her later books, is centrally concerned with the nature and fate of the modern state. The book presents a series of political pathologies – antisemitism, imperialism, tribalism, and totalitarianism – that Arendt regards as the result of failures in the state's dual mission to integrate diverse social groups into a single body politic, and to uphold the uniform rule of law for all. Her underlying conception of the state bears a striking, though unacknowledged affinity to that of Hegel. Like Hegel, moreover, she argues that citizens' mutual recognition of one another's human rights, as mediated through state institutions, is an indispensable condition for full human self-consciousness and agency. Her version of this argument is developed first through an excursus on the origins and effects of racism among Europeans living in Africa, and then through an analysis of the unique plight of stateless refugees.

scholarly journals Criminal - Legislative Enforcement Of Uzbekistan: Condition, Problems And Prospects

2020 ◽  
Vol 2 (09) ◽  
pp. 586-590
Author(s):  
Tadjibaeva Dildora Abdurahimovna
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Criminal Law ◽  
Present Stage ◽  
The Law ◽  
The Republic

The article analyzes the criminal executive legislation of the Republic of Uzbekistan at the present stage and the prospects for its development. The best of the existing experience of criminal-executive regulation in Uzbekistan should be preserved in the same way as the established traditions of legal engineering, language and style of the law. At the same time, in the process of drafting a new CEC of the Republic of Uzbekistan. It is advisable to resolutely abandon the provisions of “yesterday” that impede the dialogue of civil society institutions, institutions and bodies of the penitentiary system, effective educational and preventive impact on convicts, their re-socialization, respect and protection of fundamental human rights in the conditions of execution and punishment and other measures criminal law impact.

scholarly journals PROVISION OF EQUAL RIGHTS AND OPPORTUNITIES RELATING WITH LABOUR RELATIONS IN PUBLIC SECTOR

2015 ◽  
Author(s):  
Dalia PERKUMIENĖ ◽  
Rasa MERKIENĖ ◽  
Ozgur OGUZ
Keyword(s):  
Human Rights ◽  
Public Sector ◽  
Gender Equality ◽  
Fundamental Rights ◽  
Equal Opportunities ◽  
Equal Rights ◽  
Labour Relations ◽  
The Law ◽  
The Republic ◽  
The Individual

Human rights are one of the most popular topics in modern global communities. Therefore, the adoption of the Law of the Republic of Lithuania on Equal Opportunities and the establishment of the institution that governs the execution of this law is a significant legal step which permits to actually ensure the compliance of one of the most fundamental rights of the individual, i.e. non-discrimination on the basis of gender. Equality, being one of the fundamental principles of human rights, is governed by international contracts and legal acts of the Republic of Lithuania. The results of the questionnaires permit to claim that the administration of Kaunas district municipality pays too little attention to the provision of the information about the Law on Equal Opportunities of the Republic of Lithuania and amendments where of to the employees of Kaunas district municipality. Thus there are a lot of problems related to the provision of equal opportunities to the employees at work.

scholarly journals PENGARUH BANTUAN HUKUM TERHADAP MASYARAKAT MISKIN ( Meninjau Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum)

2013 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Ihdi Karim Makinara
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Supreme Court ◽  
Research Methods ◽  
Legal Assistance ◽  
Legal Aid ◽  
Judicial Process ◽  
The Poor ◽  
The Supreme Court ◽  
The Law

Bantuan hukum adalah salah satu upaya mengisi hak asasi manusia (HAM) terutama bagi lapisan masyarakat termiskin rakyat Indonesia. Bantuan hukum harus dimaknai dan dilaksanakan sebagai upaya perjuangan menegakkan HAM bagi si miskin. Tujuan bantuan hukum perlu diperluas, dak saja terbatas pada bantuan hukum individual, tetapi juga struktural dan juga jangan terbelenggu dengan jalur-jalur formal semata. Dengan diundangkan Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum memunculkan permasalahan bagaimana pengaruh bantuan hukum terhadap masyarakat? Dengan menggunakan metode peneli an norma f dan dengan pendekatan data secara kualita f yang dianalisis deskrip f, didapatkan kesimpulan bahwa keberadaan Undang-Undang Bantuan Hukum belum maksimal memberikan pengaruh terhadap bantuan hukum bagi masyarakat miskin, karena bantuan hukum masih dalam jalur formalis k dan masih bersifat pasif. Pendanaan penyelenggaraan bantuan hukum yang digeser dari Mahkamah Agung, Kejaksaan Agung, dan Kepolisian kepada Menteri Hukum dan HAM dan dilaksanakan oleh Lembaga Bantuan Hukum atau Organisasi Kemasyarakatan agar dapat menyentuh orang atau kelompok orang miskin, tetapi besar anggaran perlu memper mbangkan proses peradilan yang berjalan, karena dikhawa rkan dapat menghambat orang miskin dan kelompok orang miskin untuk mengakses keadilan guna mewujudkan hak-hak kons tusional mereka.<p>Legal aid is an effort to fulfill human rights, especially for Indonesian poorest society. Legal aid should be interpreted and implemented as an effort of human rights enforcement for the poor. The purpose of legal aid should be expanded, not just limited to individual legal assistance, but also structural and not fe ered by mere formal channels. By enacted the Law Number 16 Year 2011 on Legal Aid, raises the ques on of how the in fl uence of legal assistance to the society? By using norma ve research methods and approaches qualita ve data were descrip vely analyzed, was concluded that existence of legal aid has not been maximized e ff ect to legal assistance for the poor, and because of it is s ll on formalis c track and passive. Funding of legal assistance shi ed from the Supreme Court, A orney General and Police to the Ministry of Jus ce and implemented by a Legal Aid Ins tu on or civil society organiza on in order to reach people or the poor community, but the magnitude of budget needs to consider the judicial process, because it feared could hinder the poor to access of jus ce to realize their constuonal rights.</p>

Temporalities of International Heritage Law

2019 ◽  
pp. 106-126
Author(s):  
Lucas Lixinski
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Significant Role ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Way

This chapter focuses on the way international heritage law applies across time, and the mismatch between community and state expectations of these relationships between heritage and time. While it often relies on time as a means to define heritage, international heritage law has in many respects a difficult relationship with Chronos. From the age of heritage down to the non-retroactivity of treaties which essentially resets the clock on a number of heritage disputes and injustices, the temporal application of international heritage law plays a significant role in shaping what is permissible heritage, and how the law addresses heritage. The chapter uses genocide’s relationship to cultural heritage as a means to examine how heritage plays roles before, during, and after major events, in ways that the law does not always capture constructively. Lastly, it queries the potential of international human rights law to address international heritage law’s shortcomings in this area.

scholarly journals Tantangan kontemporer organisasi masyarakat sipil dalam gerakan hak asasi manusia

2009 ◽  
Vol 6 (1) ◽  
Author(s):  
Halili Halili
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Significant Role ◽  
Civil Society Organizations ◽  
The Other ◽  
State Sovereignty ◽  
Future Challenge ◽  
The Past ◽  
The Future ◽  
New Challenges

Civil Society Organizations play a significant role in movement of human rights. CSO's face shifting contemporary challenges, namelY, betrayal against values of human rights and weaknesses of state sovereignty. These new challenges strive for CSO's to conduct some action in two ways: retrospective paradigm and prospective one. In one hand, they should do war against forget in the past viola­tions of human rights. In the other hand, tbey have to respond progressivelY the future challenge of human rights.

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