scholarly journals Die Religionspädagogik und das Grundgesetz. Sondierungen zu einem dynamisch-geistreichen Wechselverhältnis

2019 ◽  
Vol 71 (2) ◽  
pp. 142-158
Author(s):  
Thomas Schlag
Keyword(s):  
Human Rights ◽  
Religious Education ◽  
Current Situation ◽  
Fundamental Rights ◽  
Specific Content ◽  
Federal Constitution

AbstractBy taking recourse to the conditions surrounding the origin of the specific content of Germany’s federal Constitution which is relevant for matters of religion, the essential constitutional foundations of the responsibility to offer religious education also come into view. At the same time, such an historical orientation allows to define more closely, in accordance with the “spirit” of the Constitution, what the current challenges for religious education are and to do it in such a way as to inform current and future discussions of it. The stipulations of the Constitution and of fundamental rights which are relevant for the topic of religion are, in the truest sense of the term, not carved in stone. They require, rather, an ongoing transformation which is appropriate to the current situation and which results in concrete processes of education which are oriented towards democracy and human rights.

scholarly journals SEPARAÇÃO DE PODERES E ATIVISMO JUDICIAL: LEGISLAÇÃO SIMBÓLICA E OS DIREITOS FUNDAMENTAIS

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 377
Author(s):  
Sirlene Elias RIBEIRO
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Public Policies ◽  
Fundamental Rights ◽  
Judicial Activism ◽  
Division Of Powers ◽  
Federal Constitution ◽  
Federal Supreme

RESUMOO presente artigo cuida de uma análise da atuação dos poderes Legislativo Executivo e Judiciário na realização e implementação dos direitos fundamentais previstos na Constituição Federal do Brasil. O Enfoque dado ao trabalho é a análise de considerações e definições doutrinárias acerca do tema proposto, bem como de julgados do Supremo Tribunal Federal, com o objetivo de uma conclusão acerca do crescimento do ativismo judicial e da judicialização das políticas públicas voltadas aos direitos humanos, passando por uma análise da elaboração de legislação simbolicamente e de uma atuação simbólica do Tribunal nas questões de direitos fundamentais. PALAVRAS-CHAVES: Ativismo; Judicialização; Divisão de Poderes; Legislação Simbólica. ABSTRACTThis article analyzes the performance of the Executive and Judiciary Legislative powers in the realization and implementation of fundamental rights foreseen in the Federal Constitution of Brazil. The focus of the work is the analysis of doctrinal considerations and definitions about the proposed theme, as well as of the Brasilian Federal Supreme Court, with the objective of a conclusion about the growth of judicial activism and the judicialization of public policies focused on human rights, through the analysis of the symbolic drafting of legislation and a symbolic role of the Court in matters of fundamental rights. KEYWORDS: Activism; Judicialization; Division of powers; Symbolic Legislation.

scholarly journals Domestic and family violence based on the novel “Purple hibiscus” and on the “Maria da Penha vs. Brazil” case

2020 ◽  
Vol 6 (1) ◽  
pp. 275-302
Author(s):  
Gabrielle Bezerra Sales Sarlet ◽  
Adriana Dornelles Farias
Keyword(s):  
Human Rights ◽  
Human Person ◽  
Fundamental Rights ◽  
The Novel ◽  
Legal Doctrine ◽  
Interdisciplinary Dialogue ◽  
Federal Constitution ◽  
Women And Children ◽  
Law In Literature ◽  
The Right

This article is an application of the methodology Law in Literature, with bibliographic research. It develops the concept of education in Human Rights, based on the dignity of the human person, the right to non-discrimination, and the general principle of equality in law, all ideas acknowledged by the Brazilian Federal Constitution of 1988 and the current norms in the context of family and domestic violence in Brazil. It presents an interdisciplinary dialogue between the legal doctrine and the novel "Purple Hibiscus", in attempt to map the main actions applied in Brazil by the Interamerican Human Rights System in the Maria da Penha case. Thus, it is possible to establish an exchange between human and fundamental rights, through inclusion policies, information sharing and empowerment, especially regarding women and children.

Syrian Refugees in Brazil: Protection of Human Rights and their Developments

2021 ◽  
Vol 8 (1) ◽  
pp. 65-82
Author(s):  
Victoria Teles Valois De Amorim ◽  
Michely Vargas del Puppo Romanelo
Keyword(s):  
Human Rights ◽  
Scientific Community ◽  
Social Problems ◽  
Human Person ◽  
Fundamental Rights ◽  
Syrian Refugees ◽  
Native Population ◽  
Federal Constitution ◽  
Distribution Of Income ◽  
Dignified Life

This study will present the issue of Syrian refugees in Brazil, whose immigration event occurs because of the terrible conditions offered in their native country, which makes these individuals seek refuge in other countries, seeking, in addition to a better condition, a life that is worthy. It is understood that the concept of dignified life goes against what is advocated by the Brazilian Federal Constitution, as well as fundamental rights, and even more related to the dignity of the human person. Thus, this article will bring an analysis of the context of this event, which has been happening quite frequently, making Brazil one of the countries that most welcome immigrants in the world. However, one factor draws attention in the middle of this process, as the Covid-19 pandemic has been following the population for more than a year, which makes border controls more rigid. In addition, Brazil, with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Keywords: Refugees; Syria; Human rights; Dignity of human person; Warranties.

scholarly journals Рeculiarities of legal regulation of tax authorities of public authorities in Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 331-339
Author(s):  
Elvira Sydorova
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Fundamental Rights ◽  
General Tendency ◽  
Legal Capacity ◽  
Public Authorities ◽  
Specific Content ◽  
Legal Personality

The article reveals the features of the characteristics of public authorities as subjects of tax relations in Ukraine. It is emphasized that legal personality as a legal nature determines the elemental composition of the tax legal personality of the state and necessarily has three elements - its legal capacity, legal capacity and tort. The latter is a necessary component of the tax legal personality of the state. Taxpayers also have the right to demand from the state certain behavior and apply to the competent authorities (European Court of Human Rights) to apply to the state tax liability measures together with the renewal of their fundamental rights and legitimate interests guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The study identified the relationship between such concepts as «mechanism of the state» and «state apparatus». The consistent transition from the general to the individual allowed to reveal the internal organizational structure of the system of public authorities as holders of tax powers and to outline the various grounds for their classification. This made it possible to distinguish in this system groups of bodies (a) of general competence, (b) special competence with part of the functions in the field of taxation, (c) special tax competence. The special position of the Verkhovna Rada of Ukraine in the tax sphere is also emphasized and the general tendency to a gradual increase in the scope of tax powers of representative bodies of local self-government is revealed. A distinction was made from related concepts in the field of public law regulation - legal personality, subject matter, jurisdiction, management functions. The tax competence of public authorities becomes a specific manifestation of the category of «competence» as a public law phenomenon, being a mandatory attribute of the tax legal personality of public authorities. In terms of content, tax competence consists of a set of legally established powers of the power entity, which act as functional levers of its actions in the plane of the subject of jurisdiction entrusted to it by the state in accordance with the objectives of tax regulation in the field of taxation. The tax powers of public authorities under these conditions are the specific content of the tax competence of the latter.

scholarly journals Os Direitos Humanos e o Art. 4, II, da Constituição Federal Brasileira: A sua Natureza e Efetividade

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Guilherme Camargo Massaú
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Constitutional Law ◽  
Rio Grande ◽  
Fundamental Rights ◽  
Rio Grande Do Sul ◽  
Normative Function ◽  
Federal Constitution ◽  
Deductive Method

OS DIREITOS HUMANOS E O ART. 4º, II, DA CONSTITUIÇÃO FEDERAL BRASILEIRA: A SUA NATUREZA E EFETIVIDADE  HUMAN RIGHTS AND ART. 4, II, OF THE BRAZILIAN FEDERAL CONSTITUTION: ITS NATURE AND EFFECTIVENESS  Guilherme Camargo Massaú*  RESUMO: O texto tem como finalidade abordar a natureza e a efetividade do Art. 4º, II, da CF. Tal temática ainda se constitui em uma “lacuna” no direito constitucional brasileiro, devido à escassez de análises, de debates e de reflexões sobre os princípios que regem as relações internacionais. Para além da determinação do significado de cada princípio, é importante abordar a função normativa do Art. 4º da CF. Para tal, delimitou-se a análise ao inciso II (prevalência dos direitos humanos), justamente, para se trabalhar o espectro do referido artigo. Porém, os direitos humanos serão situados no devido lugar constitucional, já que se desdobram, internamente, em direitos fundamentais. O texto teve por base a pesquisa bibliográfica e o método dedutivo. PALAVRAS-CHAVE: Constitucionalismo das Relações Internacionais. Eficácia Normativa. Princípios Constitucionais. ABSTRACT: This paper aims to address the nature and effectiveness of Art. 4, II, of the Federal Constitution of Brazil. Such issue still constitutes a "gap" in Brazilian constitutional law due to the scarcity of analyzes, debates and reflections on the principles that govern international relations. It is important to address the normative function of Art. 4 of the Federal Constitution beyond the determination of the meaning of each principle. For such, the analysis was restricted to item II (human rights prevalence), so that the spectrum of the aforesaid article could be exploited. However, human rights must be focused from the proper constitutional standpoint, since they internally branch off into fundamental rights. The study was based on bibliographical research and the deductive method was used. KEYWORDS: Constitutionalism of International Relations. Normative Effectiveness. Constitutional Principles. SUMÁRIO: Introdução. 1 Extensão do Conteúdo: Direitos Fundamentais versus Direitos Humanos. 1.1 Direitos Humanos vs. Direitos Fundamentais. 1.2 Direitos Humanos e sua Validade Interna. 1.3 Direitos Humanos em termos Externos. 2 Tópica do Art. 4º, II, da CF. 2.1 Eficácia Normativa. 2.2 Efetividade Normativa. Conclusão. Referências.* Pós-Doutorando em Direito na Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS). Doutor em Direito pela Universidade do Vale dos Sinos (Unisinos), Rio Grande do Sul. Mestre em Ciências Jurídico-Filosóficas pela Universidade de Coimbra, Portugal. Professor da Faculdade de Direito e do Mestrado em Direito da Universidade Federal de Pelotas (UFPEL), Rio Grande do Sul.

scholarly journals The Contemporary Conception of Human Rights: Between Concepts, Foundations and Distinctions

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Francisco Cleiton Silva Paiva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
Second World War ◽  
Fundamental Rights ◽  
World War ◽  
Federal Constitution ◽  
Review Study ◽  
The Right ◽  
Second World

This work aims to present and discuss the contemporary conception of human rights theory.Based on the defense of the dignity of the human person, human rights are the result of conquests throughout history, having taken effect in the international order since the end of the Second World War, when the United Nations (UN) promulgated the Universal Declaration of Human Rights. Human Rights, in 1948, when this document became the normative framework for humanitarian protection worldwide. The aforementioned Declaration provides for a set of rights belonging to every human person, regardless of nationality, race, sex, religion or any other characteristic. Among these rights are the right to life, freedom, food, work, among others, which underpin a dignified existence. In contemporary theory, although there are various ways of designating human rights, such as “human rights","individual rights","fundamental rights", “natural rights", among others, these expressions have the same meaning. However, the majority doctrine essentially distinguishes two terminologies as to its scope: “human rights”, which are used to define the rights established by international law; and “fundamental rights”, which corresponds to those referring to the rights recognized and affirmed by the States, as occurs in Brazil, in the text of the Federal Constitution of 1988. In methodological terms, this article deals with a review study, categorized as qualitative (as to nature), descriptive (as to objective) and bibliographic (as to object) research.

Recontextualization of Islamic Peace Education

2018 ◽  
Vol 13 (2) ◽  
pp. 183-202
Author(s):  
Siti Rohmah ◽  
M. Syukri Ismail ◽  
Moh. Anas Kholish ◽  
Mona Novita
Keyword(s):  
Human Rights ◽  
Middle East ◽  
Religious Education ◽  
Alternative Model ◽  
Peace Education ◽  
Religious Conflict ◽  
Islamic Education ◽  
Education Environment ◽  
Education Model ◽  
Interreligious Education

Some circles suggest that the phenomenon of intolerance and religious conflict in Indonesia will be reduced by a religious education model dominated by a mono-religious approach. The approach that focuses on deepening the knowledge of all religions is considered to be the cause of the persistence of interfaith stigma and prejudice. However, there are objections from various circles to the concept and application of interreligious education which requires close dialogue and interaction, an appreciative attitude, and openness to adherents of other religions. This article argues that the development of a peaceful and diverse mono-religious education approach is possible. This study employs Mohammed Abu-Nimer's theory as an alternative model of Islamic peace education that is strategic, participatory and practical; it focuses on his experience in conflict areas and in the Islamic education environment, which is often stigmatized conservatively in the Middle East and Africa. This study confirms that monoreligious education provides room for peace education that builds pedagogy of tolerance, diversity and human rights.

O ENSINO RELIGIOSO EM QUESTÃO

2018 ◽  
Vol 9 (21) ◽  
pp. 459
Author(s):  
Mauro Rocha Baptista
Keyword(s):  
Supreme Court ◽  
Religious Education ◽  
Common Core ◽  
Historical Perspective ◽  
National Curriculum ◽  
The Other ◽  
Federal Constitution ◽  
The Supreme Court ◽  
The Common

Neste artigo analisamos a relação do Ensino Religioso com a sua evolução ao longo do contexto recente do Brasil para compreender a posição do Supremo Tribunal Federal ao considerar a possibilidade do Ensino Religioso confessional. Inicialmente apresentaremos a perspectiva legislativa criada com a constituição de 1988 e seus desdobramentos nas indicações curriculares. Neste contexto é frisado a intenção de incluir o Ensino Religioso na Base Nacional Curricular Comum, o que acabou não acontecendo. A tendência manifesta nas duas primeiras versões da BNCC era de um Ensino Religioso não-confessional. Uma tendência que demarcava a função do Ensino Religioso em debater a religião, mas que não permitia o direcionamento por uma vertente religioso qualquer. Esta posição se mostrava uma evolução da primeira perspectiva histórica mais associada à catequese confessional. Assim como também ultrapassava a interpretação posterior de um ecumenismo interconfessional, que mantinha a superioridade do cristianismo ante as demais religiões. Sendo assim, neste artigo, adotaremos o argumento de que a decisão do STF, de seis votos contra cinco, acaba retrocedendo ante o que nos parecia um caminho muito mais frutífero.Palavras-chave: Ensino Religioso. Supremo Tribunal Federal. Confessional. Interconfessional. Não-confessional.Abstract: On this article, we analyze the relation between Religious education and its evolution along the currently Brazilian context in order to understand the position of the Supreme Court in considering the possibility of a confessional Religious education. Firstly, we are going to present the legislative perspective created with the 1988 Federal Constitution and its impacts in the curricular lines. On this context it was highlighted the intention to include the Religious Education on the Common Core National Curriculum (CCNC), which did not really happened. The tendency manifested in the first two versions of the CCNC was of a non-confessional Religious Education. A tendency that delineated the function of the Religious Education as debating religion, but not giving direction on any religious side. This position was an evolution of the first historical perspective more associated to the confessional catechesis. It also went beyond the former interpretation of an inter-confessional ecumenism, which kept the superiority of the Christianity over the other religions. As such, in this paper we adopt the argument that the decision of the Supreme Court, of six votes against five, is a reversal of what seemed to be a much more productive path on the Religious Education.Keywords: Religious Education. Brazilian Supreme Court. Confessional. Inter-confessional. Non- confessional.Enviado: 23-01-2018 - Aprovado e publicado: 12-2018

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

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