scholarly journals The Social Construction of Human Rights Legislation: Interpreting Victoria’s Statutes through their Limitations

2018 ◽  
Vol 22 (1) ◽  
pp. 27
Author(s):  
Russell Solomon
Keyword(s):  
Human Rights ◽  
Social Construction ◽  
Equal Opportunity ◽  
Power Relationships ◽  
Constructivist Approach ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Socially Constructed ◽  
The Social ◽  
Social Constructivist Approach

Interpreting human rights statutes through their objectives encourages their description as empowering instruments with their hortatory language emphasising the potential of each instrument to protect and promote rights. This article examines Victoria’s Equal Opportunity Act 2010 (Vic) and Charter of Rights and Responsibilities Act 2006 (Vic) through a different lens and argues that a focus on their limitations and derogations offers a better understanding of the nature and extent of the human rights protection that each purports to provide.These limitations are no mere peripheral encumbrances and help shape the rights protecting functions of each statute. This article adopts a social constructivist approach to explain how, as socially constructed instruments, the operation of the limitations reveals an ambivalent role for each statute. The design and functionality of each statute, with their self-limiting provisions, means that each acts to sustain as well as challenge the existing power relationships and social arrangements.

11. Identities and US foreign policy

2012 ◽  
Author(s):  
Christina Rowley ◽  
Jutta Weldes
Keyword(s):  
Foreign Policy ◽  
Social Construction ◽  
Social Constructivism ◽  
Constructivist Approach ◽  
State Identity ◽  
Social Construction Of Reality ◽  
The Social ◽  
Social Constructivist Approach ◽  
Critical Social

This chapter examines the role of identity in constructing U.S. foreign policy. Using a critical social constructivist approach, it argues that particular conceptions of U.S. identity constitute U.S. interests, thus providing the foundations for foreign policy. After providing an overview of the influence of interests on foreign policy, the chapter considers the basic assumptions of critical social constructivism, taking into account the social construction of reality and the concepts of discourse and articulation. It then analyses discourses as sites of power, identity, and representation, along with the importance of identity in U.S. foreign policy. It also looks at U.S. presidents’ articulations of state identity and foreign policy over the last six decades.

Effects of the Measures Undertaken by the European Mediator Regarding the Protection of Human Rights

2020 ◽  
Vol 10 (2) ◽  
pp. 549
Author(s):  
Claudiu IGNAT
Keyword(s):  
European Union ◽  
Human Rights ◽  
Social Impact ◽  
European Union Member State ◽  
Main Function ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social ◽  
Protection Of Human Rights

The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.

scholarly journals Some remarks about the failing state of Mexico in the light of newborn dictatorships

2021 ◽  
Vol 42 (4) ◽  
pp. 31-43
Author(s):  
Beata Stępień-Załucka
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Organized Crime ◽  
Current Practice ◽  
Social Response ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social ◽  
Occupied Territories ◽  
Organized Crime Groups

Modern Mexico is a country that has long ceased to perform its basic competences. This is particularly evident in the area of human rights protection. Decades of action by organized crime groups have led to the establishment of their power in occupied territories and, consequently, to their impunity. The social response to the crime groups’ activities was the creation of areas belonging to a “warlord” in which warlords exercise their own power, unlimited by law. In this context, several questions arise about what is currently the constitutional form of power and what form of power actually exists in Mexico, including how this power is exercised and, finally, what the current practice of human rights protection is. The answers to these questions can be found in the present article.

scholarly journals Teisė į pensiją ir Konstitucinio Teismo praktika

Teisė ◽  
2010 ◽  
Vol 77 ◽  
pp. 34-49
Author(s):  
Vaidotas A. Vaičaitis
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Economic Crisis ◽  
The State ◽  
Social Solidarity ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Force Majeure ◽  
The Social ◽  
State Pension

Straipsnyje analizuojama socialinio draudimo ir valstybinių pensijų sistema Lietuvoje, atskleidžiant, kad pirma sistema remiasi socialinio solidarumo principu, o antroji – atlyginimu už nuopelnus valstybei kri­terijumi. Straipsnio pagrindinė ašis – teisės į pensiją ir nuosavybės teisės santykis. Autoriaus nuomone, toks santykis egzistuoja tik netiesiogiai. Straipsnyje teigiama, kad socialinių išmokų dydis turėtų būti siejamas visų pirma su lėšų, surenkamų į socialinio draudimo fondą, dydžiu. Taip pat analizuojama ir ekonominė krizė, kaip tam tikra galima išimtis (force majeure) žmogaus socialinių ir ekonominių teisių srityje. The system of pensions (the social security pension and so called the state pension) in Lithuania is analyzed in the article. The social security pension is based on the principle of social solidarity, while the state pension is based on the idea of certain reward for merits granted for the particular society. The main issue of the article is to analyze relationship between one’s right to pension and right to ownership (property). According to the author, if such a relationship exists at all, it might be find only indirectly. Economic crisis as certain possible force majeure in the filed of human rights protection is also analysed in the article.

The Social Construction of Violence: The Case of Sexual and Domestic Violence

1999 ◽  
Vol 3 (3) ◽  
pp. 234-245 ◽  
Author(s):  
Charlene L. Muehlenhard ◽  
Leigh Ann Kimes
Keyword(s):  
Domestic Violence ◽  
Social Construction ◽  
Sexual Violence ◽  
Social Constructionism ◽  
Power Relationships ◽  
Social Scientists ◽  
Socially Constructed ◽  
The Social ◽  
Over Time

What counts as “violence” is socially constructed, has varied over time, and reflects power relationships. Informed by social constructionism, we illustrate these points using as examples sexual violence and domestic violence. We review changes in how society and social scientists have defined and understood these topics during the last 30 years. We then discuss 3 areas of continuing controversy: who should decide if sexual or domestic violence has occurred, what to count as sexual and domestic violence, and the role of gender in defining sexual and domestic violence.

Do human rights violations elicit or impede social entrepreneurship?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mishari Alnahedh ◽  
Nawaf Alabduljader
Keyword(s):  
Human Rights ◽  
Social Entrepreneurship ◽  
Adult Population ◽  
Random Effect ◽  
Content Type ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social ◽  
Using Data ◽  
The Relationship

Purpose The purpose of this paper is to investigate two competing hypotheses about the relationship between a country’s human rights violation and social entrepreneurship entry. Design/methodology/approach Using multilevel logistic regression with random effect, this paper tested the hypotheses on a sample of 110,460 individuals in 49 countries using data from Global Entrepreneurship Monitor’s Adult Population Survey and the Survey of Social Entrepreneurship for the year 2009. This paper takes advantage of the Cingranelli-Richards Human Rights Data Project to measure a country’s level of human rights protection. Findings Human rights are positively related to social entrepreneurship entry. The findings also indicate that public sector expenditure strengthens the relationship between human rights, measured by the judiciary independence and social entrepreneurship entry. Originality/value This study contributes to the social entrepreneurship literature by conducting a novel empirical investigation of the direct relationship between a country’s human rights and social entrepreneurship entry.

scholarly journals Society Differentiation, Can Human Rights be Protected?: Critical Study of the Tribes Castration on Community (Case Study of Laporo Buton)

2019 ◽  
Vol 8 (2) ◽  
pp. 137
Author(s):  
Birkah Latif ◽  
Agung Syaputra ◽  
Nurul Zashkia ◽  
Rifda Aprilia Rusfayanti
Keyword(s):  
Human Rights ◽  
Social Life ◽  
The State ◽  
Customary Law ◽  
Main Element ◽  
Critical Study ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social

In administering a country based on the rule of law, the main element is the enforcement of human rights. In every country still found, there are discriminatory discriminations against citizens, both those that are needed from state actions, and those needed from the community. With the existence of a convention on the protection of special human rights, the state must approve and protect its citizens. Problems that occur in pluralistic Indonesia is in preventing the social life in community. The research method of the paper is an empirical juridical method to answer whether Indonesia handling the enforcement of human rights and review human rights protection in Indonesia when dealing with communities which holding customary law in their community. If the practice of customary law turns out there is discriminatory practices against the tribe or sub-tribe in it, then how does the state uphold human rights?

GENERAL CHARACTERISTIC OF THE ACTIVITIES OF HUMAN RIGHTS PROTECTION AGENCIES IN THE SYSTEM OF PROTECTING HUMAN RIGHTS

2018 ◽  
Vol 22 (3) ◽  
pp. 128-136
Author(s):  
N. N. Boyko ◽  
L. S. Stukolova
Keyword(s):  
Human Rights ◽  
General Characteristic ◽  
Information Environment ◽  
Non Profit ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Organizations ◽  
Field Of Vision ◽  
The Social

Article opens a general characteristic of activity of human rights organizations in the system of human rights protection. The role of human rights organizations as important element of development of democracy and respect of the human rights promoting increase in effectiveness of implementation of protection and restoration of the violated rights and freedoms of the person and citizen is traced. The thought that despite expansion of activity of human rights organizations for the last decade in the Russian Federation, they to these do not realize fully tasks which are assigned to them is proved. Result of low knowledge of work of socially oriented non-profit organizations, absence them in "field of vision" of citizens are mistrust to human rights organizations, difficulties with attraction of material resources, narrowing of network of supporters and volunteers, small number of strong and competent leaders and a weak position in the market of services. In this connection, concerning the social directed human rights organizations it is necessary to develop intensively the information environment of the public sector for distribution of results of their activity. Besides, in human rights protection it is necessary for increase in a role of human rights organizations also in a standard order, and in the information environment accurately to draw a distinction between the social directed and political human rights organizations. Authors, analyzing the main problems in activity of human rights organizations, indicate the need development of cooperation of various structures of civil society among themselves that in turn promotes strengthening of human rights organization, the socially important tasks focused on the decision, fight against an arbitrariness of public officials and authorities, tortures in prisons, political persecution, etc. It is obvious that the stable relation of such interaction is the brightest sign of the developed democracy.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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