scholarly journals HISTORICAL AND PHILOSOPHICAL REFLECTION OF BACKGROUND HUMAN RIGHTS IDEAS

2021 ◽  
Vol 3 (50) ◽  
Author(s):  
Svetlana Borisovna Zhdanenko ◽  
Eduard Anatolievich Kalnytskyi ◽  
Yuliia Vasil’evna Meliakova
Keyword(s):  
Human Rights ◽  
Public Good ◽  
Middle Ages ◽  
Human Dignity ◽  
New Age ◽  
Modern Concept ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Thinking ◽  
The Individual

It is shown that the origins of the modern concept of human rights as the leading political and legal doctrine are in the horizon of the formation of philosophical knowledge. The ideas of the thinkers of antiquity, the Middle Ages and the New Age regarding freedom, equality, justice and human dignity, which constitute the basic principles and values of the concept of human rights, are considered. The genesis of human rights occurs in the context of the development of natural-legal thinking and the search for a balance between individual happiness and public good. It is proved that modern ideas about human rights are based on philosophical concepts, the quintessence of which was the proclamation of the autonomy and freedom of the individual.

Liberdade e Direitos Humanos no Pensamento de Richard Price

2005 ◽  
Vol 13 (25) ◽  
pp. 119-145
Author(s):  
José Gomes André ◽  
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Human Dignity ◽  
The Political ◽  
Political Expression ◽  
The Subject ◽  
The Individual ◽  
The Way

This paper is concerned with the political philosophy of Richard Price, analysing the way this author has developed the concept of liberty and the problem of human rights. The theme of liberty will be interpreted in a double perspective: a) in a private dimension, that sets liberty in the inner side of the individual; b) in a public dimension, that places it in the domain of a manifest action of the individual. We will try to show how this double outlook of liberty is conceived under the optics of a necessary complementarity, since liberty, which is primarily understood as a feature of the subject taken as an individual, acquires only a full meaning when she becomes efective in a comunitary field, as a social and political expression. The concept of human rights will appear located in this analysis, being defined simultaneously as condition and expression of the human dignity and happiness, at the same time natural attributes of an individual that should be cultivated and public effectiveness that contributes to the development of society.

scholarly journals A Brief Analysis on Human Rights from Hannah Arendt’s Criticism

2018 ◽  
Vol 28 (1) ◽  
pp. 95
Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Hannah Arendt ◽  
Ethical Values ◽  
Legal Systems ◽  
Right To Life ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
The Right

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.

scholarly journals THE FORMAL AND SUBSTANTIVE CORE OF HUMAN RIGHTS

2019 ◽  
Vol 1 (1) ◽  
pp. 21-59
Author(s):  
Stephan Kirste
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Human Right ◽  
Public Authorities ◽  
Four Dimensions ◽  
The Status ◽  
The Individual ◽  
Subjective Rights ◽  
Object Status

Human dignity is the basis of human rights. From the four dimensions of dignity - the status subjectionis, the status negativus, the status positivus and the status activus - both form and content of human rights can be justified. The form as subjective rights is necessary so that man is treated as a subject and not as a mere object (status subjectionis). In terms of content, human rights protect not only freedom from the state (status negativus), freedom through the state (status positivus), but also the freedom of the individual to participate in the establishment of public authorities (status activus). In addition: human dignity itself is a human right.

scholarly journals Human dignity as a fundamental basis and a practical tool of “right to hope” in criminal law

2021 ◽  
pp. 23-30
Author(s):  
Slipachyk Slipachyk
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Scientific Article ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
The Right

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

scholarly journals The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law

2020 ◽  
Vol 9 (2) ◽  
pp. 225-250
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Denis Kolodin ◽  
Maxym Tkalych
Keyword(s):  
Human Rights ◽  
Optimal Algorithm ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Public Interests ◽  
Basic Principles ◽  
Private Rights ◽  
Private And Public ◽  
The Individual

The principles of adjusting the regulation of civil relations in the context of the Covid-19 pandemic are analyzed. The admissibility of restricting human rights in the context of the conflict of private and public interests are researched. Besides, the authors tried to determine the optimal algorithm of government actions aimed at preventing the spread of the epidemic. The main approach to the understanding of human rights in the article is based on Dworkin's concept of “rights as trumps”. A system of such categories as “a man”, “a private person”, “natural private rights”, “private law” and “national civil law” is analyzed. The conclusion is that the importance of the category of “natural” human rights is underestimated, which exacerbates the problem of ensuring human rights in a pandemic, when the state actively uses public law to cope with the crisis. As a result, there is a conflict of basic principles of private and public law: “everything is allowed except what is prohibited by law” vs. “only what is allowed by law is possible”. It is proposed to assume that the usual way of the legal existence of a person is that he/she acts as a participant in civil relations of a private type, even in a pandemic. Private relations, which arise during the quarantine period, are proposed to be regulated mainly by private law methods, limiting the influence of the state. This will allow us to reach a compromise of private and public interests, without restricting the rights of individuals voluntarily.

BETWEEN SECULAR AND RELIGIOUS – DIGNITY AS THE HIGHEST VALUE OF THE HUMAN SPIRIT

2020 ◽  
pp. 99-108
Author(s):  
Anna Laputko
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Social Life ◽  
Life Forms ◽  
Practical Implementation ◽  
Human History ◽  
Human Spirit ◽  
Christian Churches ◽  
Christian Understanding ◽  
The Individual

It is analyzed that the secular assertion of human dignity, rights and freedoms in its practical plane in certain periods of human history has been and is a great challenge for Christian churches. It is studied that the Christian understanding of human dignity, balancing on the border of its theoretical proclamation and its practical implementation, served to promote the ideas of humanism, its ability to resist destructive, degrading manifestations of social life forms, in the dialectic of social and religious forms of life. It is shown that the dignity of the individual is inseparable from the understanding of his rights and freedoms, and therefore, the struggle for dignity and human rights is an integral part of the preaching of the truths of Christianity.

scholarly journals Human rights as a problem of M. Gorky's journalism

KANT ◽  
2020 ◽  
Vol 37 (4) ◽  
pp. 296-303
Author(s):  
Larisa Postolyako ◽  
Svetlana Novikova
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
European Tradition ◽  
Legal Thinking ◽  
The Individual ◽  
Religious Aspects ◽  
Relationship Of ◽  
Ideological Attitudes ◽  
The Relationship

The authors characterize M. Gorky's views on the relationship of natural law, culture and freedom. It is traced the connection between the worldview position of the writer and the European tradition of philosophical and legal thinking, the classical doctrine of human rights. Authors prove the ideological attitudes of Gorky, which are reflected in the fundamental human rights system built by the writer. The principle of the unity of the legal, moral and religious aspects of the consciousness of the individual is substantiated.

scholarly journals Direitos Humanos e Homofobia: por um enfrentamento do medo e do ódio.

2015 ◽  
Vol 9 (2) ◽  
pp. 20
Author(s):  
Luciana De Oliveira Dias ◽  
Mariana Da Costa Amorim
Keyword(s):  
Human Rights ◽  
Social Interactions ◽  
Human Dignity ◽  
Derechos Humanos ◽  
The Individual ◽  
Entire Amount

A palavra homofobia não expressa toda a carga de ódio e agressividade que pode ser direcionada a uma pessoa homossexual. Um pertinente questionamento é em que medida este tipo de comportamento pode ser classificado como uma fobia? Em que medida a redução do ódio e agressividade à noção de fobia colabora para patologizar uma ação que poderia ser tipificada como criminosa? Neste artigo problematizamos a limitação etimológica do termo e chamamos a atenção para a necessidade de uma ressignificação da percepção do sujeito intolerante-agressivo. Questões de direitos humanos são apontadas como caminho possível para a constituição de interações socioculturais menos naturalizadas e restituidoras da dignidade humana a sujeitos violentados.Palavras-chave: Homofobia; Patologia; Intolerância; Direitos Humanos.***AbstractIs the word homophobia able to mean the entire amount of hate and aggressiveness addressed to the individual who suffer this kind of aggression? Can this behavior be classified as a sort phobia? In this article we examine if the use of this term contributes to build a view of the intolerant-aggressive one as a pathological individual. The realization of human rights is the possible way to establish fair social interactions. In situations of justice are reduced the naturalization process and also the human dignity may be restored to the victims of violence.Keywords: Homophobia; Pathology; Intolerance; Human Rights.***ResumenLa palabra homofobia no expresa todo el potencial de odio y agresión que se dirige a una persona gay en determinadas situaciones. ¿Hasta qué punto este tipo de comportamiento puede ser clasificado como una fobia? ¿Hasta qué punto la idea asociada con fobia contribuye a convertir a patológica una acción que podría ser tipificada como un delito? En este artículo se cuestiona la limitación etimológica del término, y llamamos la atención sobre la necesidad de una redefinición de la percepción del sujeto agresivo intolerante. Los derechos humanos son citados como posible camino para la creación de nuevos significados a las interacciones socioculturales. Es decir, la realización de los derechos humanos presentase como restituidora de la dignidad humana de los sujetos abusados.Palabras clave: Homofobia; Patología; Intolerancia; Derechos Humanos.

scholarly journals HUMAN DIGNITY THROUGH THE PRISM OF THE GERMAN LEGAL DOCTRINE

2020 ◽  
pp. 33-38
Author(s):  
M. Kravchenko
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Human Beings ◽  
Human Right ◽  
Legal Doctrine ◽  
Dialectical Logic ◽  
Wide Range ◽  
Definition Of ◽  
The Right ◽  
Structural Methods

The article studies the right to human dignity through the prism of German legal doctrine. During the research, a wide range of general scientific and special legal methods of scientific cognition has been used, in particular: methods of dialectical logic, comparative legal and system-structural methods. The paper analyses domestic and German legal resources on the right to human dignity, in particular the works of S. von Puffendorf, I. Kant and G. Durig. As a result of the study, the author states that the German legal opinion formed the fundamental doctrine of the right to human dignity. This doctrine began in Germany, back in the Renaissance. For the first time, it was systematized in the works of a German researcher S. von Puffendorf. The article illustrates that human dignity is revealed in the German doctrine of fundamental human rights through a number of characteristics. The right to human dignity is the foundation of social value and respect for human beings. It prohibits the conversion of a person to an object in state procedures. Human dignity is not only the individual dignity, but also the dignity of a person as a species. Everyone possesses it regardless of its characteristics, achievements and social status. It also belongs to someone who cannot act reasonably because of his or her physical or mental state. They do not lose their human dignity even through "unworthy" behaviour, for example, by committing any crime. No one can be deprived of human dignity. Attention is drawn to the fact that German law does not intentionally give a definitive definition of the right to human dignity. It merely defines a comprehensive list of requirements for the protection of this fundamental human right. The reason for this is that any definition cannot guarantee the absolute protection of this human right. In other words, such a normative definition of this human right will inevitably lead to such a situation where it cannot protect the human dignity of an individual or even be the legal basis for its restriction. In this part, the German approach to the definition of the right to human dignity differs significantly from the domestic approach, since for the national science and practice of lawmaking it is quite logical to take a different approach, in particular to formulate clear and comprehensive definitions of legally significant phenomena and categories. It has been established that, according to the German doctrine of fundamental human rights, human dignity must be protected in any way within any relationship. It was found that the German Nazis had a negative influence on the German doctrine of the human dignity. This is due to the fact that the protection of human dignity was not built around what was allowed to be done, but about what was forbidden under any circumstances. Keywords: human dignity, a fundamental human right, a human rights doctrine, a state, legislation.

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