On the Way Towards Self Determination: Freedom of Religion, Freedom of Speech and Electoral Self Determination - A Fieldwork on Human Rights in Jordan

2012 ◽  
Author(s):  
Anna Pascale
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Self Determination ◽  
Freedom Of Religion ◽  
The Way

scholarly journals Hukuman Pelaku Penodaan Agama Menurut al-Sunnah Dalam Perspektif Hak Asasi Manusia

KALAM ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 135
Author(s):  
Muh. Tasrif
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
Public Debate ◽  
Freedom Of Religion ◽  
Human Right ◽  
Reform Era ◽  
Presidential Decree ◽  
The Law ◽  
The Republic

This paper discusses human right and the law of In the Reform Era, the existence of the Republic of Indonesia Presidential Decree No. 1/1965 About Prevention against Blasphemy came into a public debate. Many observers and human rights activists saw that the law is not compatible with the principles of freedom of religion guaranteed by the Constitution of 1945 and human rights. On the contrary, many leaders of Islamic organizations saw that the Law is in accordance with respect for religious freedom. Based on this context, it is interesting to raise questions of how to understand blasphemy in Islam in the perspective of human rights and its implications upon the Law in Indonesia. To answer the questions, I attempt to explain the terms used in conceptualizing actions of blasphemy. The explanation is followed by looking at forms of action of the Prophet Muhammad against perpetrators of blasphemy and interpreting it with the perspective of human rights and its implications upon the law in Indonesia. In this article, it is argued that measures of ignorance, rejection, abuse, and insult against the religion of Islam did not cause the Prophet punish the actors. The Prophet punished the actors based on that the actions had prevented Muslims from practicing their religion.In the perspective of human rights, to express a particular interpretation of religion and to seek support for the interpretation become part of freedom of religion and belief and also part of freedom of speech. For this reason, to put forward an interpretation of any religion can not be punished.

Religion, Belief, and the European Court of Human Rights

2021 ◽  
pp. 402-419
Author(s):  
Peter Cumper ◽  
Tom Lewis
Keyword(s):  
Human Rights ◽  
European History ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
European Court ◽  
The Right ◽  
Islamic Dress ◽  
The Way

This chapter examines the interpretation of the right to freedom of religion or belief under Article 9 of the European Convention on Human Rights (1950) by the European Court of Human Rights. The topic is examined with reference to legal bans on items of Islamic dress such as headscarves and face-veils. It is argued that both the structure of Article 9, and the way in which it has been interpreted, has resulted in weak levels of protection for applicants bringing such claims, and that the reasons for this lie deep in European history and politics. The Court’s approach may, arguably, be justifiable in that the protection it offers is subsidiary to that offered by states. Nevertheless, the scant hope that such applicants have raises questions as to the effectiveness of the Convention and threatens to undermine much of the laudable work that has been undertaken elsewhere by the Court.

scholarly journals The Northern Ireland Peace Agreement: Evolving the Principle of Self-Determination

1999 ◽  
Vol 12 (1) ◽  
pp. 155-171
Author(s):  
Paul R. Williams ◽  
Sabrineh Ardalan
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
Minority Rights ◽  
Self Determination ◽  
Peace Agreement ◽  
State Practice ◽  
Protection Of Human Rights ◽  
The Way

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

scholarly journals The Constitution Of Pakistan (1973) And Women Rights: An Interpretation

2016 ◽  
Vol 13 (1) ◽  
pp. 37-52
Author(s):  
Abida Perveen
Keyword(s):  
Human Rights ◽  
Developing Country ◽  
Large Population ◽  
Freedom Of Speech ◽  
Freedom Of Religion ◽  
Freedom Of Information ◽  
Islamic Republic ◽  
Freedom Of Association ◽  
Women Rights ◽  
Basic Standards

Women Rights are part of Human Rights, which are considered important in every society. These rights are inalienable and indivisible rights held by all, and are the basic standards of equity and justice without which people cannot live with dignity. The situation of Women Rights in Pakistan is complex as a result of country’s diversity, large population, its status as a developing country and a sovereign Islamic Republic as well as Islamic democracy with a mixture of both Islamic and secular laws, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of media and freedom of assembly. The constitution of the country (1973) carries Human Rights different and this article debates certain classes with are respected in practice. The main purpose of the study is to explore the reasons why women Rights Situation in Pakistan has not been satisfactory.

scholarly journals Republics of Donbass as an international political and legal precedent

2019 ◽  
pp. 143-147
Author(s):  
Vladislav V. Gruzdev ◽  
Aleksandr I. Levchenkov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Level ◽  
Universal Principle ◽  
Military Operation ◽  
Legal Precedent ◽  
Sphere Of Influence ◽  
The Way

The article analyses the events taking place in Donbass from 2014 to 2019, to be exact, the very fact of the appearance of the peoples' republics of Lugansk and Donetsk, the way in which these republics appeared and the way of their possible international legalisation. The study was carried out not only at Russian, but also at the international level. The authors' vision of solving the problem is proposed, in particular, the idea is that the implementation of the fundamental (universal) principle of modern international law – the principle of universal respect for human rights and freedoms in conditions of the Ukraine military operation affecting the citizens of the republics in the sphere of influence of Russia – is impossible without implementing the principle of self-determination of peoples and nations. Only with such concrete conflict binding, the principle of self-determination of peoples and nations can predominate over the principles of territorial integrity and inviolability of borders.

Deconstructing Turkey’s “Open Door” Policy towards Refugees from Syria

2015 ◽  
Vol 12 (3) ◽  
pp. 209-225 ◽  
Author(s):  
Burcu Togral Koca
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Border Studies ◽  
Open Door ◽  
Open Door Policy ◽  
Security Framework ◽  
Liberal Policy ◽  
The Way

Turkey has followed an “open door” policy towards refugees from Syria since the March 2011 outbreak of the devastating civil war in Syria. This “liberal” policy has been accompanied by a “humanitarian discourse” regarding the admission and accommodation of the refugees. In such a context, it is widely claimed that Turkey has not adopted a securitization strategy in its dealings with the refugees. However, this article argues that the stated “open door” approach and its limitations have gone largely unexamined. The assertion is, here, refugees fleeing Syria have been integrated into a security framework embedding exclusionary, militarized and technologized border practices. Drawing on the critical border studies, the article deconstructs these practices and the way they are violating the principle of non-refoulement in particular and human rights of refugees in general. 

The Logic of ‘But’: Quarrels, Literature and Democracy

Paragraph ◽  
2017 ◽  
Vol 40 (1) ◽  
pp. 114-130
Author(s):  
Thomas Docherty
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
The Way

This paper looks at intrinsic disputation within proposition, and specifically within propositions that offer a moderated version of the freedom of speech and expression. It begins from a consideration of what is at stake in Othello's ‘Rude am I in my speech’, a rhetorical gesture that frames an act of great eloquence, and in which the eloquence serves to formulate a quarrel by ostensibly resolving it. This example reveals that there is a conflict between empirical quarrel and articulated spoken resolution. This leads the essay to explore the way in which diplomacy works, whereby we establish the pretence that there is peace between disputatious positions through the power of the logic of ‘but’, thus: ‘I agree with you, but …’. Finally, this is extended to a consideration of the limits of and/or on free speech: ‘I defend free speech, but …’, where the ‘but’ is a gesture in which the defence of free speech is modified to the point of being obliterated.

Reconciling Rights and Obligations

2003 ◽  
Vol 20 (3-4) ◽  
pp. 140-172
Author(s):  
Pernille Ironside
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Common Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Northern Nigeria ◽  
Law System ◽  
Constitutional Legality ◽  
Human Rights Norms ◽  
Criminal Matters

This article examines the debate concerning the recent reinstatement of Shari`ah law with respect to criminal matters in Northern Nigeria. The discussion explores the inherent challenges in reconciling the equally entrenched and passionate views of pro-Shari`ah supporters on their right to freedom of religion with those that question its application in terms of human rights norms and obligations, and its constitutional legality. The analysis concludes that Shari`ah laws can coexist with Nigeria’s common law system and remain relevant in the context of Islam, provided that its principles are adapted and modernized to comport with international standards for due process and are interpreted and applied consistently.

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