scholarly journals Correlation of international and regional (Muslim) concepts in the field of human rights

2021 ◽  
Vol 21 (3) ◽  
pp. 340-347
Author(s):  
Khafaji Mohammed Abduladheem Neamah AL ◽  
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Cultural Relativism ◽  
International Treaties ◽  
Muslim Countries ◽  
Human Rights Organizations ◽  
Rights Offering ◽  
Points Of View ◽  
The Difference ◽  
The One

Introduction. The article is devoted to the problems of correlation of international standards in the field of human rights, based on the liberal values of Western civilization, with regional acts of Muslim countries, correlating with Islam. The study analyzes various points of view of scientists on the issues of universalism of human rights and cultural relativism. The author adheres to the position that the content of human rights and freedoms in each specific community is heterogeneous and depends on its cultural, historical, religious and moral development. Theoretical analysis. The problem of the correlation of concepts in the field of human rights is primarily associated with the different approaches of the existing legal systems to the perception of human rights and freedoms. The theocentric approach, which is shared in the Muslim world, is the opposite of the liberal one, which is based on anthropocentricity. Most of the Muslim countries have signed and ratified international treaties on human rights, but made numerous reservations indicating the possibility of realizing a complex of human rights from the perspective of Islam. Empirical analysis. Despite the difference in views on the scope and content of human rights, Muslim countries strive to implement the international human rights standard. Regional acts of Muslim countries in the field of human rights, developed in the second half of the 20th century, have been severely criticized by human rights organizations on gender and family regulation, religious freedom, self-determination, etc. Currently, the Organization of Islamic Cooperation has developed a Declaration on Human Rights. offering a modern formulation of the position of Muslim countries on human rights. This act is aimed, on the one hand, at convergence of legal positions with the Universal Declaration of Human Rights, on the other hand, it protects basic Islamic values. Results. The study of regional acts of Muslim countries in the field of human rights regulation, modern Muslim concepts of human rights allowed the author to conclude that Muslim countries strive not only to participate in the discussion on human rights, defending their civilizational identity, but also to find points of convergence of Islamic views on human rights with international standards.

scholarly journals RELEVANSI HUKUM DAN HAK ASASI MANUSIA DENGAN AGENDA REFORMASI: DIMENSI NASIONAL DAN INTERNASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 350
Author(s):  
Ismail Marzuki ◽  
Faridy Faridy
Keyword(s):  
Human Rights ◽  
Social Interactions ◽  
Social Order ◽  
Reform Agenda ◽  
Legal Rules ◽  
Recognition Respect ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Difference ◽  
The One

In life, humans certainly cannot be separated from their social interactions with others. Friction between individuals or between nations is something that is inevitable. That is because the understanding of the legal system and culture of a different society. The difference in opinion certainly needs to be harmonized by not locking up the meeting room of everyone's expression. From here, the existence of legal rules/norms on the one hand becomes important in people's lives. On the other hand, the recognition, respect and protection of human rights are also important to be accommodated. Therefore, this article examines the law as a means of maintaining social order, and human rights as a set of rights that describe the existence of human freedom in expressing their actions, and how relevant they are to the reform agenda, namely enforcing the law against violators of human rights seriously, both in national and international.

Democratic Sovereignty and Transnational Law

2017 ◽  
pp. 21-46
Author(s):  
Seyla Benhabib
Keyword(s):  
Human Rights ◽  
International Treaties ◽  
International Human Rights ◽  
Legal Norms ◽  
Global Constitutionalism ◽  
International Human ◽  
The One ◽  
Human Rights Norms ◽  
Zero Sum ◽  
The Cost

Critics of legal cosmopolitanism and global constitutionalism have often pointed to an alleged zero-sum conflict between democratic sovereignty and a particular class of international legal norms: those pertaining to human rights. It is undeniable that there exist tensions between the application of, and compliance with, human rights norms in domestic contexts, on the one hand, and international treaties and covenants, on the other. Benhabib develops a conceptual and empirical model for understanding these tensions not as a zero-sum game, but rather as a process of dialectical norm-enhancement and interpretation. Her thesis is that compliance with international human rights norms does not come at the cost of, but rather reinforces, democratic sovereignty.

scholarly journals A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey

2021 ◽  
pp. 385-410
Author(s):  
Dikran M. Zenginkuzucu
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
International Standards ◽  
International Protection ◽  
Temporary Protection ◽  
Syrian Civil War ◽  
European Court ◽  
The Status ◽  
The Difference ◽  
International Refugee Law

The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.

scholarly journals Context of culture: Critique of the primitive mind

2010 ◽  
Vol 21 (2) ◽  
pp. 71-95
Author(s):  
Nikola Bozilovic
Keyword(s):  
Cultural Differences ◽  
Cultural Relativism ◽  
The Other ◽  
Social Communities ◽  
The Past ◽  
The Enlightenment ◽  
Nineteenth And Twentieth Centuries ◽  
The Difference ◽  
The One ◽  
High Level

The author of this paper has the intention to reach the new meaning and sense of the primitive mentality by analyzing it in early social communities. He also wants to point out the possible reflections of the spirit and consciousness of our ancestors on us, here and now. The first part of the paper is dedicated to a critical deliberation on anthropological conflicts which have arisen concerning the reasoning power of the so-called primitives. The crucial question lies in the following: Is the difference between the ?primitive? and the ?civilized? mentality fundamental or is it possible only to a certain degree. The author takes the notion of primitive mentality through time and points to the medieval understandings, which are occupied by teratological themes, then to the renaissance comprehension, which relies on the first experiential observations, and, finally, to the enlightenment ideas of exotic peoples out of which the myth of ?the good savage? is born. The nineteenth and twentieth centuries introduce the notions of ?people?s character? and ?national spirit?. The opinions are polarized, on the one hand of ethnocentrism, carried by the prejudice of people and ethnic groups and, on the other hand, of cultural relativism, based on the understanding and appreciation of cultural differences. In the end, the author also recognizes the modern primitive man, one who is not ready to deal with the challenges of his age. The modern primitive recalls the spirits of the past, the surviving and anachronic models of behavior, unaware of the fact that these are the same models that he has ascribed to ?savages?. However, while such thinking and acting was justified by the cultural level at which our ancestors had lived, the mental frame of the contemporary primitives is significantly in contrast with the high level of civilization development.

scholarly journals DIGITAL RIGHTS OF CITIZENS AND THEIR PROTECTION IN A POST-COVID 19 SOCIETY

2020 ◽  
Vol 8 (3) ◽  
pp. 20-37
Author(s):  
Olga V. Eparkhina ◽  
◽  
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
International Standards ◽  
European Countries ◽  
International Human Rights ◽  
Digital Society ◽  
Digital Rights ◽  
Human Rights Organizations ◽  
Data Policy ◽  
International Human

In article research intention of digital rights of sitizen and some problems of it perception and protection during the pandemic 2020. Weakness of low base in this sphere and actualization of right’s protection during fast digitalization of society lead us to research international standards of right’s protection and to research some possibilities of different international human rights organizations. The author presents brief field of privacy data threats in digital society in pandemic situation. There’s analyzed the experience of different countries with digital personal data and some problems in this work. There’re some differences in digital personal data policy in different countries. As a base of creation a future low about work with digital personal data and digital rights of sitizen, european countries use GDPR. But regulation of this field is take-off now, the most important role have an active public organizations and international human rights organizations.

The Human Right to Water from the Universal Declaration of Human Rights to the New Agenda for Sustainable Development

2019 ◽  
Vol 76 (3-4) ◽  
pp. 162-170
Author(s):  
Marianna Pace
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Universal Declaration ◽  
International Treaties ◽  
Human Right ◽  
2030 Agenda ◽  
International Water Law ◽  
International Water ◽  
The One ◽  
The Right

The article explores the evolutionary path that led to the emergence of the right to water as human rights, since the Universal Declaration of Human Rights till to its inclusion in the 2030 Agenda for Sustainable Development. In particular, on the one hand the paper analyses the definition and the content of the right to water, as well as the obligations stemming for contracting States to the international treaties recognizing this right. On the other one, it focuses specifically on how to ensure an effective guarantee of the right to water. Finally, the analysis assesses the contribution of Goal 6, included in 2030 Agenda for Sustainable Development, to the international water law regime.

scholarly journals Redefining the idea of human rights

2013 ◽  
pp. 483-496
Author(s):  
Rodoljub Etinski
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Environmental Law ◽  
International Standards ◽  
Humanitarian Law ◽  
Human Right ◽  
Cultural Rights ◽  
Territorial Jurisdiction ◽  
The One ◽  
And Function

Human Rights are complex social phenomenon that includes political, legal, cultural and economic dimensions and escapes a simple definition. Concise retrospective of human rights documents of historic value as well as natural law doctrine was used as a frame for determination of political importance and function of human rights. Natural law definition of human rights was completed by positivist critique. Human rights are seen as a legal expression of interactions of individual needs and expectations on the one hand, and readiness and capabilities of a state to satisfy these needs and expectations and to create social framework for their satisfaction on the other. The relationship between human rights and culture was discussed. A thesis on equality of human rights in all different jurisdictions was qualified by recognition of certain space - a margin of appreciation - left to states for adaptation of international standards of human rights to local culture in a process of implementation of abstract and general provisions of human right treaties in domestic law. An appearance of international organizations that interfere in human rights as well as an increase of extraterritorial effects of state activities is a challenge to classic legal understanding of a human right as the legal relationship between a state and individuals under its territorial jurisdiction. International humanitarian law protects certain human rights of individual outside territorial jurisdiction of states in war. The UN Committee on Economic, Social and Cultural Rights has started to consider extraterritorial effects of state activities in respect of economic, social and cultural rights. International environmental law obliges states to take care of extraterritorial effects of activities undertaken under their jurisdictions. The time has come for recognition of an obligation of a state to respect human rights of individuals outside its territorial jurisdiction who are affected by its extraterritorial activities or by extraterritorial effects of activities undertaken on its territory. It seems that an obligation of international organization to respect human rights of individual affected by its acts is not disputable.

The overall aim of this chapter is to provide a commentary concerning the relationships and differences between the areas of the ECHR, EU, EC and EC law to assist in the management of the study of these complex areas in relation to English law and in their own right. The detailed study of these areas, for law students, will occur in your English legal system, public law and European law courses. 5.2 LEARNING OUTCOMES By the end of this chapter and the associated reading, readers should: • be able to understand the general consequences and standard format of a Treaty and how it is internally organised and subsequently amended; • be able to explain the context within which European human rights operate and how it affects the English legal system; • be able to place the English HRA 1998 in its appropriate context and explain how it relates to the ECHR; • be able to describe the various types of secondary legislation produced by the EC; • be able to distinguish between primary and secondary EC law; • be able to discuss the similarities and differences between the EC and the EU; • understand the difference between the European Court of Human Rights (ECtHR) and the ECJ; • understand the role of the ECJ; • understand the relationship between the English legal system, the EC and the EU; • appreciate the difference in style and rationale between European legal judgments and legislation and English legal judgments and legislation. 5.3 READING AND UNDERSTANDING TREATIES Many of the difficulties encountered by students of English law approaching its European dimension are the vast number of unfamiliar terms. Often students do not appreciate the international nature of treaties and their normal effect. Therefore when discussing the peculiarities of the English approach to international treaties made by the UK Government confusions creep in. This section of the chapter is therefore designed to give a brief introduction to the general purpose and format of treaties.

2012 ◽  
pp. 128-128
Keyword(s):  
Human Rights ◽  
Legal System ◽  
General Purpose ◽  
International Treaties ◽  
English Law ◽  
The Difference ◽  
The Uk ◽  
Legal Judgments ◽  
Ec Law ◽  
The Eu

Human Rights

Anthropology ◽  
2013 ◽  
Author(s):  
Samuel Martínez ◽  
Catherine Buerger
Keyword(s):  
Human Rights ◽  
Field Research ◽  
Cultural Relativism ◽  
Way Of Life ◽  
Cultural Rights ◽  
Knowledge Culture ◽  
Iron Cage ◽  
Pros And Cons ◽  
Rights Offering ◽  
Time Specific

Once considered a topic that held little interest for cultural anthropologists, human rights became a focus of growing anthropological concern over the 1990s and 2000s. Important publications now number in the hundreds, even when limited (as this article is) only to works by cultural anthropologists (and not forensic anthropologists), which directly reference human rights (and not works that are relevant but make no more than a passing mention of human rights). As Annelise Riles aptly summarizes in her article “Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage” (Riles 2006, p. 53, cited under International Legal Epistemology), anthropologists have turned “from treating human rights doctrines, actors, and institutions as instruments to be used (e.g., as a tool of advocacy on behalf of indigenous peoples) to treating them as subjects of ethnographic research, on par with other ethnographic subjects.” What was a discussion of anthropology and human rights has thus evolved into a research subfield, the anthropology of human rights, offering field research–based examinations of place- and time-specific encounters among the promoters of human rights universalism (a term coined by Mark Goodale in Goodale 2009, cited under General Overviews) and diverse communities of sufferers of human-inflicted harms. Whether current scholarship in anthropology focuses on human rights as practice or as discourse, its common signature is to foreground the local, national, and international political and economic processes in which human rights and larger social justice projects are embedded. Two publications that appeared in 1997 marked a watershed in the development of new modes of anthropological engagement with human rights. One, the contributory volume edited by Richard Wilson, Human Rights, Culture and Context (Wilson 1997, cited under General Overviews), anticipated research and writing relating to both the practice and discourse of human rights. The other, a Journal of Anthropological Research special issue on Human Rights, edited by Carole Nagengast and Terence Turner, articulated a new view of culture’s relationship to human rights, not as an argument against ethical universals but an argument for the embeddedness of ethics within any human group’s encompassing way of life (see Hatch 1997, Messer 1997, and Nagengast 1997, all cited under Pros and Cons of Cultural Relativism; and Turner 1997, cited under Cultural Rights). Even if the year 1997 seems an arbitrary dividing line between the eras of “anthropology and human rights” and the “anthropology of human rights,” there is nonetheless a disciplinary consensus that anthropology’s engagement with human rights has undergone significant changes in its guiding concerns, approaches, orientations, and commitments.

scholarly journals Present problems to the Right to Peaceful Public Assembly in Spain

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Andrés Gascón-Cuenca ◽  
Alejando Año-Ibiza ◽  
Marcos Diago-Sanz ◽  
Olga Lenzi ◽  
Lorena Mercader-Jiménez ◽  
...  
Keyword(s):  
Human Rights ◽  
Public Safety ◽  
Case Law ◽  
Fundamental Rights ◽  
International Standards ◽  
European Convention ◽  
Constitutional Court ◽  
Critical Approach ◽  
The One ◽  
The Right

he Public Safety Organic Act 4/2015, also known as Spanish "gag law", has been harshly criticized by both national and international experts, and several worldwide institutions, due to the fact that it may be considered contrary to human rights and fundamental freedoms. This report focuses on the identification of the standards of protection of the right to peaceful public assembly and the challenges this new regulation poses to it. Therefore, we will cover the following areas: On the one hand, we shall analyze the Spanish legal framework, that includes the following: Article 21 of the Spanish Constitution, which offers a special protection to the right to peaceful public assembly. The constitutional standards of protection. The problem of the definition of this right. The case-law of the Constitutional Court, in order to identify the standards of protection set by it. Articles 513 and 557 of the Criminal Code. The Private Security Services Act, as it regulates some aspects that may interfere with fundamental rights, as the one we are studying in this report. Finally, we will analyze the regulation established by the new Public Safety Organic Act, entered into force in 2015, and also the Peaceful Public Assembly Regulatory Act. On the other hand, we will research into the international standards of protection of the right to peaceful public assembly, which are mainly settled in three international legal instruments: The Human Rights Council, the International Covenant on Civil and Political Rights, and the European Convention on Humans Rights, and its case-law. Finally, we shall conclude this report with a critical approach to the new regulation established by the Public Safety Organic Act, as we consider it precludes the standards of protection we will identify throughout the report.

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