scholarly journals Reforma agrária e o acesso à terra como um direito humano para as famílias rurais nos países do Mercosul: uma análise comparada constitucional e agrarista

2016 ◽  
Vol 1 (35) ◽  
Author(s):  
Arthur Ramos do Nascimento ◽  
Felipe Borges de Souza Domingues

Reforma agrária e o acesso à terra como um direito humano para as famílias rurais nos países do MERCOSUL: uma análise comparada constitucional e agraristaAgrarian reform and the access to land as a human right for rural families in the MERCOSUL countries: a constitutional and agrarian comparative analysis Arthur Ramos do Nascimento[1]Felipe Borges de Souza Domingues[2] RESUMO: O presente artigo traz ao debate nacional elementos iniciais para reflexão sobre a forma como os países do MERCOSUL encaram o tema da Reforma Agrária e o acesso à terra dentro de uma perspectiva de direitos humanos. Inicialmente analisando o MERCOSUL enquanto um processo de integração e de desenvolvimento regional, a pesquisa apresenta nuances históricas e sociológicas dos países sul-americanos como forma de compreensão da realidade agrária e dos movimentos campesinos pela luta do campo. A partir daí, observa-se a discussão da Reforma Agrária nos países do MERCOSUL, as peculiaridades e diferenças nacionais. A abordagem sobre os direitos humanos e a concepção nacional dos Estados-Membros permite identificar que a proximidade não se limita apenas à questão geográfica, mas que os países compartilham uma identidade muito próxima de concepções e organização, consideradas as devidas proporções e peculiaridades. Assim, é possível analisar as políticas adotadas pelos países membros do MERCOSUL no sentido do acesso à terra como um direito humano e a importância da Reforma Agrária para o desenvolvimento econômico e social. Constata-se a fragilidade das políticas comuns e a ausência de políticas efetivas que incidam sobre todos os países do MERCOSUL, identificando-se ações articuladas, mas sem o status de uma política supraestatal que poderia alcançar maior efetividade para a realidade das famílias rurais. PALAVRAS-CHAVE: Violência simbólica. Lei Maria da Penha. Violência institucional. ABSTRACT: This article contributes to the national debate bringing initial elements for reflection on how the Mercosur countries view the issue of Agrarian Reform and access to land within a perspective of human rights. Initially analyzing Mercosur as a process of integration and regional development, the research shows historical and sociological nuances of the South American countries as a way of understanding the agrarian reality and peasant movements struggling in the countryside. Since then, it was examined the discussion of land reform in the Mercosur countries, their national peculiarities and differences. The approach on human rights and the national conception of each Member State allows the identification that their proximity is not limited to the geographical issue, but that each country shares close concepts and organization, considering its own dimension and peculiarities. Thus, it is possible to analyze the policies adopted by the MERCOSUL member countries in the sense that the access to land is a human right and the importance of Agrarian Reform to economic and social development. It is noted the fragility of common policies and the absence of effective policies concerning all the countries of MERCOSUL. Joint actions are identified, but without the status of a supranational policy that could achieve greater effectiveness to the reality of rural families. KEYWORDS: Acesso à terra. Direitos Humanos. MERCOSUL. Reforma Agrária comparada.[1] Professor da Universidade Federal da Grande Dourados. Mestre em Direito Agrário pela Universidade Federal de Goiás, 2012. Especialista em Direito Civil e Processo Civil pela Pontifícia Universidade Católica de Goiás, 2008). Graduado em Direito (Pontifícia Universidade Católica de Goiás, 2006.[2] Graduando em Direito pela Universidade Federal da Grande Dourados.

2013 ◽  
Vol 14 (10) ◽  
pp. 1917-1938 ◽  
Author(s):  
Daniel Augenstein

Some years back, Philip Alston argued that processes of globalization, such as the privatization of state functions and the deregulation of private power, while purportedly value-neutral, have “acquired the status of values in and of themselves.” The market is increasingly seen as “the most efficient and appropriate value-allocating mechanism.” As a consequence, human rights become subjected to a litmus test of their “market-friendliness.” As Alston puts it:In the world of globalization, a strong reaction against gender and other forms of discrimination, the suppression of trade unions, the denial of primary education or health care, can often require not only a showing that the relevant practices run counter to human rights standards but also a demonstration that they are offensive to the imperatives of economic efficiency and the functioning of the free market … In at least some respects the burden of proof has been shifted—in order to be validated, a purported human right must justify its contribution to a broader, market-based “vision” of the good society.


2008 ◽  
Vol 57 (1) ◽  
pp. 87-112 ◽  
Author(s):  
Daniel Thym

AbstractApplying the European Convention on Human Rights (ECHR) to immigration cases has always been a balancing exercise between the effective protection of human rights and the Contracting States' autonomy to regulate migration flows. In its recent case law, the European Court of Human Rights in Strasbourg (ECtHR) has considerably extended the protective scope of Article 8 ECHR by granting autonomous human rights protection to the long-term resident status independent of the existence of family bonds under the heading of ‘private life’. This has important repercussions for the status of legal and illegal immigrants across Europe, since the new case law widens the reach of human rights law to the legal conditions for leave to remain, effectively granting several applicants a human right to regularize their illegal stay. The contribution analyses the new case law and develops general criteria guiding the application of the ECHR to national immigration laws and the new EU harmonization measures adopted in recent years.


2018 ◽  
Vol 48 (5) ◽  
pp. 463-473 ◽  
Author(s):  
Åsa Burman

This contradiction ”1. The universal right to free speech did not exist before the European Enlightenment, at which time it came into existence. 2. The universal right to free speech has always existed, but this right was recognized only at the time of the European Enlightenment.” (Searle) draws on two common and conflicting intuitions: The human right to free speech exists because institutions, or the law, says so. In contrast, the human right to free speech can exist independently of institutions—these institutions simply recognize a right we already have. John Searle argues that his status function account of human rights can preserve both intuitions by showing that the inconsistency between (1) and (2) is merely apparent. I argue that this solution works for tokens of human rights but not for types, while the contradiction concerns types. Hence, the status function account of human rights fails to preserve both intuitions.


Author(s):  
Steven Wheatley

Chapter 5 looks at customary human rights law, explaining how we can think about custom as a self-organizing system, the emergent property of the performative acts of states, who literally ‘speak’ customary human rights into existence; customary law then binds the same countries that brought it into existence, exhibiting the characteristics of a complex system. Complexity serves to remind us of the importance of path dependence, the power of events, and possibilities of change as states respond to new information. The work shows how the measures targeting apartheid South Africa after the Sharpeville Massacre resulted in the first customary human right on the prohibition of racial discrimination, as well as an evolution in the methodology for custom-formation, allowing reference to General Assembly resolutions and law-making treaties. The chapter further demonstrates how the status of persistent objector was denied to apartheid South Africa, confirming the non-negotiable character of fundamental human rights.


2018 ◽  
Vol 49 (1) ◽  
pp. 31-41
Author(s):  
Gregory J. Lobo

This article discusses John Searle’s status function account of human rights and Åsa Burman’s “A Critique of the Status Function Account of Human Rights.” While recognizing the validity of part of the critique, based on the distinction between types and tokens, the author argues that, nonetheless, one is not compelled to accept Burman’s conclusion, that “one must give up the status function account of human rights to explain how a human right (as a kind) can exist without collective recognition” (472). Specifically, the author accepts Burman’s critique of Searle’s attempt to preserve the intuition that human rights have existed without collective recognition, but concludes offering three ways to understand human rights even in the absence of collective recognition, all of which preserve the status function account.


2015 ◽  
Vol 6 (2) ◽  
pp. 26-37
Author(s):  
Ali Jamkarani

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.


2019 ◽  
Vol 1 (1) ◽  
pp. 21-59
Author(s):  
Stephan Kirste

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.


2015 ◽  
Vol 6 (1) ◽  
pp. 15-21
Author(s):  
Ali Jamkarani

The discussion is based around these issues, history of Human Rights, timeline for Human Rights history, question asked in this regard and enemy and friend of ‘human rights’. Describing the problems and its resolve from logical reasoning perspective; intellectual argumentation based on logical reason of, what is universal human right, democracy and illegal wars in the world by super powers as example America? Attempt to describe the inner construction of a human being-perfection-. Introduction to the concept of infallibility in different parts in the article, purify yourself and being purified. What is it, is it possible for a creation named human to be not fallible, is the idea or practicing it impossible or there is a great sphere of being able to practicing it and reaching the status if one finds guidance for the right way with peace and human rights prevailed in the world. Majority of the thought in the text, based on hadith-tradition- from the Prophet of Islam Peace upon Him and His family Ahl al-Bait Peace upon Them.Bangladesh Journal of Bioethics 2015 Vol.6 (1):15-21.


2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.


Author(s):  
Andrey Shastri

Women's educational human rights and gender equality is one of the burning topics nowadays. Following the gender equality framework proposed by United Nations in its Millennium Summit in 2000 declared "Gender equality and women empowerment". This present study tries to review gender equality for women in many aspects, including the major concern in this review, i.e., education and human right. After analyzing several documents in the net during the collection period, this study sees that women have achieved a lot. However, yes still they are lagging in terms of equality in education and human right. The fact showed women are far lagging and leave alone on the question of gender equality. The present paper explores and highlighted these issues as the central questions related to women's rights and also attempts to wrestle with the few challenges that faced by the women education system in India as a specific example. At last, this paper also try to highlight some strategy as to upgrade the status of women in society, ever since this study believes that Educating a woman will uplifts her life as well as the quality of the nation.


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