scholarly journals Entre os Direitos Culturais e a Ecologia Humana / Between Cultural Rights And Human Ecology

2021 ◽  
Vol 15 (57) ◽  
pp. 828-851
Author(s):  
Larissa Fernanda De Alencar Souza ◽  
Juracy Marques dos Santos
Keyword(s):  
Human Rights ◽  
Human Ecology ◽  
Public Policies ◽  
Cultural Ecology ◽  
Democratic Governance ◽  
Self Determination ◽  
Cultural Rights ◽  
Definition Of ◽  
The Right

Resumo: O trabalho em epígrafe visa discutir as relações que se estendem entre os direitos culturais e a Ecologia Humana. De forma bibliográfica e analítica, apresentamos o percurso que leva da definição de cultura aos direitos culturais. Dentro dessa discussão, analisamos a Declaração Universal dos Direitos Humanos como primeiro passo de promoção dos direitos culturais, importante para aprofundamento da discussão e extensão no devido debate. Num segundo momento, destacam-se os direitos culturais e políticas públicas culturais no Brasil, apresentando um histórico que passa pela constituição a aplicação de direitos culturais por meio das políticas públicas desenvolvidas. Por conseguinte, se discute a Ecologia humana em seu âmbito de Ecologia Cultural, em favor de analisar a importância de direitos culturais dentro desta matéria. Com base na Declaração de Friburgo, documento internacional que versa sobre a aplicação de direitos culturais, essa análise se dará através de 3 aspectos: a autodeterminação dos povos, o direito a identidade e patrimônio cultural, e os princípios de governança democrática. Assim, compreendemos que a ecologia humana cultural e os direitos culturais possuem uma relação mútua e interdependente para alcançar seus objetivos. Palavras-chave: Ecologia Cultural; Direitos Humanos; Autodeterminação dos Povos; Governança Democrática. Abstract: The above work aims to discuss the relationships that extend between cultural rights and Human Ecology. In a bibliographical and analytical way, we present the path that leads from the definition of culture to cultural rights. Within this discussion, we analyze the Universal Declaration of Human Rights as a first step in promoting cultural rights, which is important for deepening the discussion and extending the due debate. In a second moment, cultural rights and cultural public policies in Brazil stand out, presenting a history that goes through the constitution and application of cultural rights through the developed public policies. Therefore, human ecology is discussed in its scope of cultural ecology, in favor of analyzing the importance of cultural rights within this matter. Based on the Friborg Declaration, an international document that deals with the application of cultural rights, this analysis will be carried out through 3 aspects: the self-determination of peoples, the right to identity and cultural heritage, and the principles of democratic governance. Thus, we understand that cultural human ecology and cultural rights have a mutual and interdependent relationship to achieve their goals. Keywords: Cultural Ecology; Human Rights; Self-determination of People; Democratic Governance. 

Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

The Idea of Human Rights in Conditions of Hospital Treatment

2016 ◽  
pp. 236-254
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
European Convention ◽  
Hospital Treatment ◽  
Political Rights ◽  
Human Rights Abuses ◽  
Cultural Rights ◽  
European Court ◽  
Definition Of ◽  
The Right

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.

Examining the Suitability of the International Minority Rights Regime as an Avenue for Advancing Self-Determination Claims

2020 ◽  
Vol 27 (4) ◽  
pp. 675-727
Author(s):  
Rhys Carvosso
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Minority Rights ◽  
Negotiation Process ◽  
Self Determination ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

The international legal right of all ‘peoples’ to self-determination applies indeterminately to minority groups. The limited jurisprudence tends toward an ‘internal’ dimension of the right being available to minorities, to be exercised and negotiated domestically. However, where a state-minority negotiation process fails, the international law of self-determination is inadequate to resolve the ensuing deadlock. Accordingly, this article examines the suitability of minority protections under international human rights law (‘minority rights’) as a supplementary set of rules by which disputes concerning the self-determination of minorities might be resolved. It argues that owing to the strong conceptual and doctrinal overlap between the two areas, the enforcement of minority rights is a suitable strategy for advancing a self-determination claim. However, two bars within existing international human rights enforcement procedures – the non-justiciability of self-determination, and the requirement that complainants must be “victims of a violation” – substantially reduce the utility of this strategy at present.

The Right of Secession in Public International Law

1983 ◽  
Vol 20 ◽  
pp. 24-78 ◽  
Author(s):  
Daniel Turp
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Community ◽  
Self Determination ◽  
Public International Law ◽  
The Right ◽  
United Nations Charter ◽  
Right Of Self Determination

SummaryIn light of the numerous secessionist claims witnessed by the international community, it is of great interest to ascertain if international law provides for a right of secessionist self-determination. An analysis of treaty provisions encompassing the right of self-determination of peoples, namely the United Nations Charter and the Human Rights Covenants, suggests that the latter treaties consecrate an authentic right to secede. Such a right appears to be unhindered by any customary norm which would prohibit secession as a means of implementation of the right of self-determination of peoples, seeing that the practice of States is clearly divided on the issue of secession. It is submitted, however, that there is a need for more detached criteria with respect to the right of secession, its beneficiaries and its conditions of exercise and, consequently, for an acknowledgement, to the benefit of the international community as a whole, of the legitimacy of national affirmations and secessionist claims.

scholarly journals THE CREATION STORY OF KASHMIRI PEOPLE: THE RIGHT TO SELF-DETERMINATION

2012 ◽  
Vol 21 (1) ◽  
pp. 1-25
Author(s):  
Fozia N Lone
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
Human Rights Violations ◽  
Creation Story ◽  
The Creation ◽  
Definition Of ◽  
The Right

If a group wishes to exercise the right to self-determination, they need to establish that they are a “people” within the international law definition, thereby triggering the ability to claim this right.  Thus, the definition of the term “people” is the key in cases of self-determination and always posits difficult challenges.  This article aims to determine whether the “Kashmiri people” could be identified as a group that fits within the contemporary non-exhaustive definition of people.  Having ascended from the level of subjects of an autocratic rule to victims of human rights violations, are Kashmiris now in a position to exercise a right to self-determination?  

scholarly journals SELF-DETERMINATION OF NATIONAL MINORITIES: THE CONSTITUTIONAL AND LEGAL NATURE AND PECULIARITIES OF IMPLEMENTATION

Social Law ◽  
2019 ◽  
Author(s):  
D. Karp
Keyword(s):  
Human Rights ◽  
Sixteenth Century ◽  
World War I ◽  
Minority Groups ◽  
Self Determination ◽  
National Minority ◽  
National Minorities ◽  
The Law ◽  
The Right

The article deals with the conceptual aspects of determining the right to self-determination of national minorities in the science of constitutional law. It is argued that the current constitutions reflect certain conceptual approaches to the subjective composition of national minorities, which requires their comprehensive consideration and scientific and practical analysis in terms of current processes of European interstate integration in the implementation of universally recognized human rights standards, principles and norms, citizen and social groups. The question of national minorities arose in the sixteenth century. Since the sixteenth century, their rights have been enshrined in a number of treaties. After World War I, this process is controlled by the League of Nations. In the respective treaties, national minorities were defined as ethnic religious and linguistic communities that differed in language, ethnicity and culture from the population in which they live. The complexity of the problem lies in the diversity of situations related to the existence of minorities and the concept of nationality as a whole. One of the most successful concepts of "minority groups", which is proposed by the famous Danish scientist Luis Wirth, has been identified. The existence of dominant minorities that do not need protection is justified. Moreover, dominant minorities are sometimes subject to serious violations of the principles of equality, non-discrimination and will of the people as enshrined in the UN Universal Declaration of Human Rights. Attention is drawn to the use of the term "national minority" in national legislation and it is noted that the process of defining the definition of "national minority" is only at the initial stage of formation. The law, which defines the term "national minority" at the official level, became the Law of Ukraine "On National Minorities in Ukraine", adopted by the Verkhovna Rada of Ukraine on June 25, 1992.

Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?

2008 ◽  
Vol 10 (3) ◽  
pp. 295-318 ◽  
Author(s):  
Kamrul Hossain
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
Political Rights ◽  
Cultural Rights ◽  
Underdeveloped Area ◽  
Regulatory Approach ◽  
Civil And Political Rights ◽  
The Right

AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the time of the adoption of the Covenants. The concept of indigenous peoples' rights has developed relatively recently. Thus, whether indigenous peoples are 'peoples' within the meaning of the Covenant, and thereby may be capable of enjoying the right to self-determination has been an unsettled case. When in many countries indigenous peoples form a minority, they are, however, identical as distinct from other minority groups in those countries because of their own way of livelihood and preservation of traditional culture and knowledge. Recent normative development pronounced by the Human Rights Committee suggests that indigenous peoples should be treated as 'peoples' within the meaning of Article 1 of the Covenant and as 'people' they have right to enjoy their traditional way of livelihood including right to enjoy their culture. Thus, the main focus of the article is to examine whether a human rights approach to indigenous peoples' rights has evolved to challenge the international regulatory approach currently applicable to the management of Whale and Polar Bear regime and their traditional hunt by the indigenous peoples.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

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