scholarly journals A DOUTRINA LOCKIANA DOS DIREITOS NATURAIS COMO FUNDAMENTAÇÃO DA DEFESA DOS DIREITOS HUMANOS

2010 ◽  
Vol 32 (104) ◽  
pp. 401
Author(s):  
Otacílio Rodrigues da Silva
Keyword(s):  
Human Rights ◽  
John Locke ◽  
Natural Rights ◽  
Human Beings

Este artigo busca apresentar as idéias fundamentais da doutrina dos direitos naturais segundo a concepção de John Locke como uma proposta de fundamentação da defesa dos Direitos Humanos. Aqui serão desenvolvidos os seguintes temas: a) jusnaturalismo tradicional; b) jusnaturalismo moderno; c) jusnaturalismo lockiano; d) direitos naturais (vida, liberdade e propriedade); e) defesa dos direitos humanos. O pensamento de Locke sobre os direitos naturais é vastíssimo e se encontra presente em suas diversas obras e diferentes perspectivas de análise. Contudo, daremos ênfase às perspectivas antropológica e ética. Antropologicamente, o indivíduo é entendido como um ser dotado de direitos, cuja tarefa das instituições é conservá-los. O caráter ético se manifesta a partir da socialização e universalização dos direitos em função da promoção humana.Abstract: This article aims at presenting the fundamental ideas of John Locke’s natural rights doctrine as the basis for the defense of Human rights. The following themes will be analyzed here: a) traditional jusnaturalism; b) modern jusnaturalism; c) lockeian jusnaturalism; d) natural rights (life, freedom and property); e) defense of human rights. Locke’s thought on natural rights is very wide and appears in several of his works with different perspectives. However, we will give emphasis to the anthropological and ethical analyses. Anthropologically speaking, human-beings are conceived as people having rights and the task of institutions is to preserve those rights. The ethical attribute reveals itself from the socialization and universalization of the rights towards human promotion.

Rights

2011 ◽  
Author(s):  
Kenneth Pennington
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Legal Positivism ◽  
Individual Rights ◽  
Legal Systems ◽  
Human Beings ◽  
Group Rights ◽  
Constitutional Jurisprudence ◽  
Theological Thought

One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems. Universality is the most basic and difficult. If human rights are only a product of Western ideas of justice, they cannot have universality. In an age that is dominated by conceptions of law embracing some form of legal positivism, many scholars recognize only individual rights that have been established by the constitutional jurisprudence of individual countries or their legal systems. Historically, the emergence of rights in European jurisprudence is intimately connected with the terms ius naturale and lex naturalis in Western jurisprudence and theological thought. Human beings may never agree on universal rules of a natural law, but they might agree on universal precepts that shape the penumbra of rights surrounding natural rights.

Human rights

2018 ◽  
Author(s):  
Peter Jones
Keyword(s):  
Human Rights ◽  
Cultural Difference ◽  
Legal Status ◽  
Natural Rights ◽  
Moral Rights ◽  
General Idea ◽  
Human Beings ◽  
Special Position ◽  
Domestic Law ◽  
In Virtue Of

Human rights are rights ascribed to human beings simply as human beings. While people may possess some rights only if they occupy a special position or role, such as citizen, doctor or promisee, the claim of human rights theory is that there are other rights that everyone possesses merely in virtue of being human. Historically, the idea of human rights is closely associated with that of natural rights and both of these sorts of right have been conceived, in the first instance, as moral rights. However, since the United Nations promulgated the Universal Declaration of Human Rights (UDHR) in 1948, human rights have been elaborated and provided for in a host of international declarations and conventions and in the domestic law of many states, so that human rights now frequently have a legal or quasi-legal status. The general idea of human rights has been very widely accepted, but there is disagreement over which rights are human rights, over how these rights should be justified, and over their absolute or defeasible status. The difficulty of combining the universality of human rights with respect for cultural difference is also a major preoccupation of both proponents and critics of human rights.

scholarly journals Osu caste system and human rights in Igboland, 1900-2017

2021 ◽  
Vol 20 (1) ◽  
pp. 69-76
Author(s):  
O.T. Abia ◽  
Nneka Sophie Amalu ◽  
Chrisantus K. Ariche
Keyword(s):  
Social Media ◽  
Human Rights ◽  
John Locke ◽  
Vital Role ◽  
Caste System ◽  
Natural Rights ◽  
Human Rights Education ◽  
Psychological Counselling ◽  
The People ◽  
The Social

Discrimination and caste systems are rife in every society. In Igboland, the Osu caste system is a form of discriminatory practise where the Igbo society is divided into the Diala and Osu. The problem is that this divide comes with human rights restrictions and violations on the part of the Osu which go unreported and unaddressed at both national and international discourses. Literature on the Osu caste system has majorly focused on various aspects with little attention paid to the human rights dimension of the Osu caste system. Thus, this paper seeks to examine the Osu caste system within the human rights prism. The natural rights theory of John Locke is used as framework of analysis. Findings reveal that the people call Osu face all forms of discrimination and violations of their fundamental human rights. Education and psychological counselling, among other factors were recommended in order to eliminate the caste system. Also, religious bodies as well as the social media can play a vital role in the campaign against the Osu caste system.

What We Mean When We Talk about ‘Human Rights’

2019 ◽  
pp. 17-36
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
Natural Rights ◽  
Moral Code ◽  
Human Beings ◽  
Philosophical Literature ◽  
Discrete Area ◽  
The Individual

Chapter 1 examines the different ways the idea of ‘human rights’ is understood in the philosophical literature: as a modern idiom for natural rights, establishing a moral code for the treatment of human beings; as defining the proper relationship between the state and the individual; as explaining the circumstances when secondary agents of justice can intervene in the internal affairs of a state; and as a discrete area of international law practice. Noting the lack of agreement on the meaning of the term ‘human rights’, the analysis here looks to develop a practice-based account, explaining the idea of human rights by reference to the practice, which, in turn, creates its own vision of the value of the human person in political societies.

8. Human rights

2014 ◽  
Author(s):  
Tom Campbell
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
Immanuel Kant ◽  
John Locke ◽  
Political Power ◽  
Natural Rights ◽  
Counter Terrorism ◽  
International Diplomacy

This chapter examines issues arising from analyses and critiques of human rights, including the nature and significance of rights in general, and the functions of human rights. It considers the philosophical and practical justifications for believing (or not believing) in human rights, different theories concerning how we might determine the content and scope of human rights, and how human rights should be implemented. Key themes discussed in this chapter include natural rights and the rights of man. A case study on torture and counter-terrorism is presented, along with Key Thinkers boxes featuring John Locke and Immanuel Kant. The chapter suggests that normative political theorists should promote a vision of human rights that relies primarily on political participation, progressive human rights legislation, and morally informed international diplomacy, rather than the transfer of political power from governments to courts.

scholarly journals Thinking with John Locke about the nature of human rights: vietnamese and global perspectives

XLinguae ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 3-18
Author(s):  
Hoa Thi Kim Do ◽  
Michal Valco
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Final Section ◽  
John Locke ◽  
Critical Assessment ◽  
The State ◽  
Natural Rights ◽  
Global Perspectives ◽  
Law Of Nature ◽  
The Subject

Our paper explores important topics related to John Locke’s thoughts on human rights and their viability for our contemporary discourse on the subject. We begin by exploring Locke’s education and epistemological reflections as factors that influenced his political philosophy. Next, we examine Locke’s views on the ‘state of nature,’ ‘law of nature,’ and ‘natural rights’ and show how his ideas have recently been appropriated (or contested) by Vietnamese and Western scholars. In the final section, we offer a critical assessment of the viability for the contemporary discourse of Locke’s metaphysical presuppositions from which he derives his notions of ‘natural rights.’

scholarly journals Human Rights in the zones of non-being: Lessons on [not] speaking about and on behalf of “others” from J.M. Coetzee’s Foe

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Ndumiso Ncube
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Third World ◽  
Freedom Of Speech ◽  
Natural Rights ◽  
Universal Declaration ◽  
Human Beings ◽  
The Right ◽  
The Third World ◽  
The Voice

One of the modern dictates of freedom is a human’s right to free speech as enshrined in the United Nations’ (2015) Universal Declaration of Humans Rights (UDHR) of 1948. The very concept of “universal” rights foregrounds the question on what and who is human. Following this universal doctrine, all freedoms, including the freedom to free speech translates ultimately to “beings” that are critically self-conscious, or at least beings who are regarded as human-beings, who are allowed to exist, to live, and to be free. Indeed, to examine what has happened to those who exist in Fanon’s (2008) zones of non-being who are denied their right to free speech even after the “universal” pronouncements of 1948 is equally important. In fact, all along and even today (and because of coloniality) the Third World citizens may still be denied their right to free speech, their right to be free from economic bondage or otherwise – which are, after all, their natural rights to be human. To be “free”, to be “human” or to “live” denotes that one has the ability to speak as the universal declaration accords. The voice (an ability to be heard) or its lack creates beings that are not regarded as human. Indeed, the effects of talking or not talking of the anthropos, or on behalf of them is explored, somewhat as the unreliability and the corruptibility of the authority of language and authorship. This is to say, the meaning and intentions (of the voice) that belongs to those in the zones of non-being are most often misunderstood, mistranslated and sometimes misread and unheard – stripping them of one of their essential human rights to be heard. This way, I seek to investigate the dilemma of the right to free speech in J.M. Coetzee’s novel Foe (1986) as well as challenge the UDHR declaration that all humans are born equal with a right to freedom of speech. I argue that the possession of language in the world where there are two zones, as illustrated in John Maxwell Coetzee’s Foe (1986) does not guarantee one to be heard or liberated.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

scholarly journals Thirty Years of Human Rights Study in the Web of Science Database (1990–2020)

2021 ◽  
Vol 18 (4) ◽  
pp. 2131
Author(s):  
Priscilla Paola Severo ◽  
Leonardo B. Furstenau ◽  
Michele Kremer Sott ◽  
Danielli Cossul ◽  
Mariluza Sott Bender ◽  
...  
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Human Rights ◽  
Network Analysis ◽  
Reproductive Health ◽  
Web Of Science ◽  
Health Issues ◽  
Human Beings ◽  
Field Of Study ◽  
The Web

The study of human rights (HR) is vital in order to enhance the development of human beings, but this field of study still needs to be better depicted and understood because violations of its core principles still frequently occur worldwide. In this study, our goal was to perform a bibliometric performance and network analysis (BPNA) to investigate the strategic themes, thematic evolution structure, and trends of HR found in the Web of Science (WoS) database from 1990 to June 2020. To do this, we included 25,542 articles in the SciMAT software for bibliometric analysis. The strategic diagram produced shows 23 themes, 12 of which are motor themes, the most important of which are discussed in this article. The thematic evolution structure presented the 21 most relevant themes of the 2011–2020 period. Our findings show that HR research is directly related to health issues, such as mental health, HIV, and reproductive health. We believe that the presented results and HR panorama presented have the potential to be used as a basis on which researchers in future works may enhance their decision making related to this field of study.

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