Human rights, reciprocal recognition and the state. A durkheimian contribution

Human Affairs ◽  
2019 ◽  
Vol 29 (3) ◽  
pp. 297-310
Author(s):  
Luiz Gustavo Da Cunha De Souza
Keyword(s):  
Human Rights ◽  
The State ◽  
Individual Rights ◽  
Critical Potential ◽  
Theory Of Justice ◽  
Normative Framework ◽  
Positive Individual ◽  
Point Of Departure

Abstract The paper deals with a possible tension within Axel Honneth’s theory of justice as presented in his Freedom’s Right. It takes as its point of departure Georg Lohmann’s objection that Honneth loses sight of the critical potential associated with positive right and tries to discuss it critically both exposing Lohmann’s and Honneth’s position. From the complex of problems identified thereby, the paper moves to a discussion of Émile Durkheim’s theory of State, with which it helps to provide a possible contribution to the discussion between positive, individual rights and the normative framework of social freedom.

The Search for Human Rights in Tax

2019 ◽  
pp. 115-134
Author(s):  
Allison Christians
Keyword(s):  
Human Rights ◽  
International Community ◽  
The State ◽  
Tax Policies ◽  
Individual Rights ◽  
Policies And Practices

This chapter explores the prospects for bringing legal claims seeking accountability for human rights harms due to tax policies and practices. There are a number of ways in which an individual may raise a claim that their rights have been violated in connection with taxation, each of which generally depends on some recognized relationship between the claimant and the person, entity, or institution being asked to remedy the perceived wrong. Meanwhile, there are at least three distinct kinds of relationships involving the state that could theoretically give rise to human rights claims in respect of tax. These three relationships are those among, first, individuals and their own states; second, individuals and foreign states; and, third, states among themselves as members of the international community. In each case, organizations may be formed to represent the interests of individuals, but at stake in all cases is the protection of individual rights.

In Defense of Productive Human Rights

2018 ◽  
Author(s):  
Bas van der Vossen ◽  
Jason Brennan
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Human Life ◽  
Theory And Practice ◽  
Individual Rights ◽  
Theory Of Justice ◽  
Freedom Of Contract ◽  
The Right

The chapter defends economic liberties such as the right to private property and freedom of contract as basic human rights, which the authors refer to as productive human rights. Despite being largely ignored or criticized in the theory and practice of human rights, they serve all the key functions that human rights generally serve. Using a basic interest framework, the chapter show that productive rights qualify as human rights because they both directly serve the interests of individual rights-holders, as well as the interests of people across the societies in which they are upheld. The chapter concludes by reflecting on the theoretical implications of a theory of justice that omits productive rights, and focuses only on things like meeting people’s needs. Such a theory will end up distorting important truths about human life and agency.

Complaint-making as political participation in contemporary Russia

2012 ◽  
Vol 45 (3-4) ◽  
pp. 243-254 ◽  
Author(s):  
Laura A. Henry
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
Russian Federation ◽  
Political Context ◽  
The State ◽  
The Political ◽  
Individual Rights ◽  
Political Liberalization ◽  
Democratic Change ◽  
The Russian Federation

Prior to December 2011, instances of widespread collective mobilization were relatively rare in contemporary Russia. Russian citizens are more likely to engage in a different means of airing grievances: making an official complaint to the authorities. This article considers how complaint-making, as a variety of political participation, may contribute either to authoritarian resilience or to political liberalization. The political significance of complaints made to the Commissioner for Human Rights of the Russian Federation is examined. Since it is the broader political context that shapes the significance of complaints, in the absence of meaningful elections individualized appeals to the state are unlikely to promote democratic change, although they may allow for redress of individual rights violations.

scholarly journals Evolution of constitutional and legal regulation of human right in Ukraine in the context of development of political systems

2020 ◽  
Vol 4 (92) ◽  
pp. 54-62
Author(s):  
І. Є. Словська
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Space ◽  
Legal Regulation ◽  
The State ◽  
Annual Reports ◽  
Individual Rights ◽  
Political Systems ◽  
Public Control ◽  
Protection Of Human Rights

The article examines the evolution of the constitutional and legal regulation of human rights in Ukraine in the context of the development of political systems - from the Marxist-Leninist type to the free European one. It is emphasized that, despite the positivist position on the interpretation of human rights, the ideologues of the modern state interpret it and law, as well as other social phenomena, through the prism of new idealistic concepts. In their opinion, the legal act synthesizes the state will, which is reflected in the legal norm and is obligatory for the competent body applying this norm. Subjective right of a person is interpreted as a measure of possible behavior, devoid of class features. It is emphasized that the Constitution of Ukraine declares the highest social value of a person for his life and health, honor and dignity, inviolability and security. It is stressed that the establishment and protection of human rights and freedoms is the main duty of the state. Thus, according to the constitutional norms, the state is not a passive observer of the realization of the rights and freedoms of citizens, but an active participant in their protection. The existence of state control over the observance and protection of individual rights and freedoms (activities of the state apparatus in the field of protection of rights) and public (control over the redistribution of social space between the state and civil society, coverage of problems between the state and citizens; control over the responsibility of the constitutional state before civil society) is examined. Emphasis is placed on the unity between state and public control over the implementation of social tasks, the effectiveness of social policy and, consequently, the effective protection of the rights, freedoms and legitimate interests of the individual. It is stressed that the shortcomings of law enforcement practice, insufficient protection of individual rights by the state arise for a number of objective reasons.The annual reports of the Verkhovna Rada of Ukraine Commissioner for Human Rights on the observance and protection of the human rights and freedoms of citizens of Ukraine are based on these phenomena. The documents show shortcomings in the protection of all categories of rights and freedoms by public authorities. The author emphasizes that an important factor in the effective functioning of the rule of law is the filling of state-power relations with real legal mechanisms. Real protection of human rights and freedoms is possible if all levels of public power are involved in improving the constitutional order. The number of reforms should be combined with their quality content.

scholarly journals La restricción de los derechos humanos en épocas de emergencia sanitaria, económica y social

2020 ◽  
pp. 113-131
Author(s):  
Juan Santiago Ylarri
Keyword(s):  
Human Rights ◽  
The State ◽  
Judicial Power ◽  
Individual Rights ◽  
Emergency Situations ◽  
Derechos Humanos

El trabajo tiene por objeto analizar las restricciones de los derechos humanos en épocas de emergencia. En particular, se estudian los supuestos en los que es válido restringir con mayor intensidad los derechos individuales. Seguidamente, se indica si, para enfrentar esta situación, correspondía declarar el estado de sitio o bien resultaba válido dictar decretos de necesidad y urgencia. Se hace hincapié en la necesidad de respetar el diseño federal de Argentina y evitar decisiones centralizadas. Finalmente, se destaca la importancia de que el Congreso y el Poder Judicial cumplan los roles que constitucionalmente le corresponden en situaciones de emergencia.   The purpose of this paper is to analyze the restrictions of human rights in times of emergency. In particular, the cases in which it is valid to restrict individual rights with greater intensity are studied. It is specified whether, in order to face this situation, it was appropriate to declare the state of siege or it was valid to issue decrees of necessity and urgency. The need to respect Argentine federal design and avoid centralized decisions is emphasized. Finally, the importance of Congress and the Judicial Power fulfilling the roles that constitutionally correspond to it in emergency situations is highlighted.

scholarly journals COLLEGIAL OMBUDSMAN SERVICES: CONSTITUTIONAL LEGAL STATUS

2021 ◽  
Vol 38 (2) ◽  
pp. 49-55
Author(s):  
S.G. Trifonov ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
The State ◽  
Important Task ◽  
Individual Rights ◽  
Foreign Experience ◽  
Advantages And Disadvantages ◽  
Democratic State ◽  
Sufficient Stability

The article is devoted to the study of the constitutional and legal status and effectiveness of a special type of human rights bodies - collegial (collective) ombudsmen. Since the protection and protection of individual rights is the most important task facing the state bodies of any democratic state, in some of them a model of a collective ombudsman is built into the state and legal reality, which has both undoubted advantages and disadvantages inherent in any collegial body. Based on the analysis of foreign experience, it is established that the collegial ombudsman services have demonstrated sufficient stability in ensuring human rights and proved the necessity of their existence. The collegial form of the ombudsman institution contributes to the development of the main directions of the work of the service and a clear specialization of the ombudsmen, which, in turn, leads to an improvement in the quality of their work.

Human Rights, Natural Rights, and their Applicability beyond the State–Individual Relationship

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
The State ◽  
Natural Rights ◽  
Universal Declaration ◽  
Alternative View ◽  
Individual Rights ◽  
Human Rights Law ◽  
Main Section

Chapter 4 starts by briefly recalling the traditional, state-centred human rights narrative and the main reasons for a state-focused approach to human rights law: human rights law is widely understood as obligations of states towards individuals living under their jurisdiction. The chapter’s main section, however, presents an alternative view, argueing that philosophically, human rights may also be understood as individual rights that apply not only vis-à-vis governments but also vis-à-vis other actors. Diverting from the mainstream human rights narrative, the chapter shows that this understanding not only finds support in important philosophical accounts on human rights but is also reflected in the Universal Declaration of Human Rights.

scholarly journals Diversity and cosmopolitan democracy: Avoiding global democratic relativism

2015 ◽  
Vol 4 (1) ◽  
pp. 18-48 ◽  
Author(s):  
LUIS CABRERA
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
Political Liberalism ◽  
The State ◽  
Individual Rights ◽  
Instrumental Approach ◽  
Global Democracy ◽  
Liberal Nationalism ◽  
Human Rights Regime ◽  
Cosmopolitan Democracy

AbstractMany recent arguments for trans-state and global democracy would offer broad leeway on constitutionalized right standards to states, and few formal mechanisms for individuals to challenge domestic rights rejections beyond the state. Such a stance, it is shown here, tends to be rooted in implicit presumptions of domestic consensus. Challenges are offered to this and related presumptions in accounts of cosmopolitan democracy, as well as global variants of liberal nationalism and political liberalism. An alternative, primarily instrumental approach to trans-state and global democracy is detailed. It would give emphasis to ways in which formal suprastate participation, complemented by challenge mechanisms for individuals, could play a crucial role in helping to strengthen individual rights protections within states. The case for adopting such an approach is reinforced through attention to the efforts of a persistent domestic democratic minority – Dalits in India – to reach out to the global human rights regime for help in pressuring their own state to better protect rights against exclusion and subjugation.

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