scholarly journals Notas sobre o transgenerismo infantil: uma análise sobre os limites da autonomia corporal das crianças na perspectiva dos direitos humanos e da constitucionalização do direito civil no atual contexto brasileiro

2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Gabrielle Bezerra Sales Sarlet ◽  
Laura Da Silva Reis
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Civil Law ◽  
Theoretical Research ◽  
Sexual Rights ◽  
International Protection ◽  
Personality Rights ◽  
Transgender Children ◽  
The Right

RESUMOTrata-se de investigação interdisciplinar, bibliográfica, exploratória e teórica que, mediante o emprego do método hipotético dedutivo, visa analisar o sentido eficacial e a efetividade do feixe protetivo composto por direitos e garantias assegurado às crianças transgeneres no ordenamento jurídico brasileiro e na esfera de proteção internacional, sobretudo quanto aos limites da autonomia corporal que lhes é conferida no contexto brasileiro atual, pautando-se na perspectiva da constitucionalização do direito civil e de seus desdobramentos para a ressignificação do catálogo de direitos da personalidade, particularmente no que afeta ao direito à identidade e à autodesignação pessoal. PALAVRAS-CHAVETransgenerismo infantil. Direitos Humanos. Autonomia. Direitos sexuais. Identidade.ABSTRACTIt is an interdisciplinary bibliographical, exploratory and theoretical research that, through the use of the deductive hypothetical method, aims to analyze the effective sense and effectiveness of the protective bundle composed of rights and guarantees guaranteed to transgender children in the Brazilian legal system and in the sphere of international protection, especially with regard to the limits of their bodily autonomy in the current Brazilian context, based on the perspective of the constitutionalization of civil law and its consequences for the re-signification of the catalog of personality rights, particularly in what concerns the right to identity and to personal self-designation. KEYWORDSChildren’s transgenerism. Human rights. Autonomy. Sexual rights. Identity. 

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals The Right to Dignity of Refugees: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Humanitarian Law ◽  
International Protection ◽  
Human Rights Abuses ◽  
Refugee Protection ◽  
Mass Migration ◽  
International Refugee Law ◽  
The Individual ◽  
The Right

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

scholarly journals Issues of Protection of Personal Rights After the Death of the Victim in Civil Law

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 124-144
Keyword(s):  
Human Rights ◽  
Civil Law ◽  
Property Damage ◽  
Personal Rights ◽  
Moral Damage ◽  
The Law ◽  
The Right

The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in violation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegal legal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.

scholarly journals Exercising the right to a trial in a reasonable time in the Republic of Serbia

2007 ◽  
Vol 79 (9) ◽  
pp. 311-333
Author(s):  
Maja Omeragić-Pantić ◽  
Biljana Vujičić ◽  
Bojan Tubić ◽  
Rodoljub Etinski
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Current Status ◽  
National Strategy ◽  
Reasonable Time ◽  
Legal Remedies ◽  
European Court ◽  
The Republic ◽  
Judicial Procedure ◽  
The Right

Constitution and procedural laws explicitly guarantee right to a trial in a reasonable time. The procedural laws have been changed and some new solutions, which have to enable a trial in a reasonable time, were adopted. The Decision on establishing of national strategy of judicature reform was adopted, in order to make the judicature more efficient. However, the inquiries show that there are still some significant disadvantages which affect the right to a trial in a reasonable time. Despite the new legislative solutions, adopted in order to accelerate the trials, some of these solutions are not completely sufficient or their implementation in practice is not entirely adequate. The Decision on establishing of national strategy of judicature reform sets up the right analysis of the current status, as well as "therapy for the healing" of judicature. However, it seems that current measures are not in accordance with this therapy. Technical modernization of the courts is very slow and personal capacities, on the level of the associates, is declining instead of getting stronger. The biggest disadvantage of the present legal system, regarding the right to a trial in a reasonable time is the absence of the efficient legal remedies with which the party could accelerate the judicial procedure, respectively with which it could give damages caused by the breach of this right. This paper shows how strict are the criteria of the European court of human rights in Strasbourg related to it and that the existing legal remedies in our legal system are not sufficient to meet these demands. The confirmation of this conclusion came from Strasbourg, when this paper was already written, in the judgment V.A.M. v. Serbia of March 13, 2007.

scholarly journals The Promotion and Protection Human Rights under Vietnam’s Civil Law

2017 ◽  
Vol 10 (3) ◽  
pp. 182
Author(s):  
Duong Quynh Hoa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regulations ◽  
International Human Rights ◽  
The Past ◽  
Research Findings ◽  
International Human ◽  
Social Domains

This article analyzes and assesses Vietnam’s civil law for the promotion and protection human rights, the successes and limitations of their implementation in practice. The research findings show that over the past years, the Civil Code has laid a firm ground for remarkable successes in the promotion and protection human rights, especially, not only of Vietnamese but also foreigners living and working in Vietnam. The code is deemed compliant with international human rights conventions, laws and practices. In the Civil Code, however, there remain some certain limitations. For example a number of provisions of the current Civil Code fail to meet the human rights legislation or do not really create favourable conditions for the promotion and protection human rights in the economic and social domains. Our objective aims to outline the theoretical bases and analyze, assess regulations on human rights provided for in the Civil Code of Vietnam at present, thence proposing some solutions for improving legal regulations and contributing to ensure human rights in the legal system of Vietnam in general and in the Civil Code in particular.

Intercultural Dialogue and Human Rights

1998 ◽  
pp. 33-39
Author(s):  
Antonio Perez-Estevez
Keyword(s):  
Human Rights ◽  
Legal System ◽  
John Rawls ◽  
Social Issues ◽  
Intercultural Dialogue ◽  
Law Of Peoples ◽  
Political Issues ◽  
Liberal Democratic ◽  
The Right ◽  
Political Duty

Which political and juridical foundation can justify the transit from the Western, particular, to the universal? John Rawls tries to answer this question in his article, "The Law of Peoples," proposing a kind of contract or agreement. A first agreement should be attained among liberal-democratic societies on a few political and social issues such as human rights. Then this agreement can be widened to non-liberal/democratic but well organized hierarchical societies or those that satisfy the requisites of being peaceful, of having a reasonably well organized legal system, of admitting a measure of freedom-political and religious-and of admitting the right of emigration. These two groups of nations would belong to a Society of Nations with the juridical and political duty of fulfilling the few political issues that have been previously accepted. But Rawls' proposal overcomes neither eurocentrism nor western-centrism. It seems that the first circle of liberal democratic nations would decide which peoples satisfy the requirements of the 'well organized hierarchical societies.' This second circle of nations are only invited peoples; they are not supposed to contribute new proposals, but only to accept the proposals of the liberal-democratic nations. I present a new effort to attain human rights through a true universal dialogue in which the representatives of all cultures and peoples can equally speak, make proposals, and listen or accept the proposals of others.

Protecting Freedom of and from Religion: Questioning the Law's Ability to Protect Against Unethical Conversions in Sri Lanka

2006 ◽  
Vol 1 (1) ◽  
pp. 41-73 ◽  
Author(s):  
Alexandra Owens
Keyword(s):  
Human Rights ◽  
Sri Lanka ◽  
Supreme Court ◽  
Legal System ◽  
Case Law ◽  
Recent Case ◽  
Religious Groups ◽  
Minority Religions ◽  
Unequal Treatment ◽  
The Right

AbstractIn recent years, the issue of improper and unethical conversions has attracted much attention in Sri Lanka. The issue is a highly emotive one, with members of the majority Buddhist population calling for measures to protect their religion from 'threats' from other minority religions, and members of these other religious groups expressing growing feelings of discrimination and unequal treatment. This article examines recent case law in the field of unethical conversions in Sri Lanka. An analysis of the decisions of Sri Lanka's Supreme Court relating to the incorporation of Christian organizations suggests that the legal system in Sri Lanka has struggled in its attempt to secure the right to freedom of religion and the right to manifest a religion for all people. Moreover, it is argued that the law has ultimately fuelled the growing religious tensions across the island. This article questions the law's ability to protect against unethical conversions in Sri Lanka, and therefore seeks to add weight to the calls for a non-legislative approach to the issue in order to allow for respect for the human rights of all concerned.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals Refugiats i apàtrides. L’asil polític i la protecció internacional a l’Estat espanyol: evolució i impediments

2015 ◽  
pp. 59
Author(s):  
Jaume Dura Tohus
Keyword(s):  
Human Rights ◽  
Geneva Convention ◽  
Illegal Immigration ◽  
Border Control ◽  
Control Policies ◽  
International Protection ◽  
The Status ◽  
The Right

Border control policies have been strengthened, making Spain – and indeed Europe as a whole – a kind of fortress where it is increasingly hard to enter and, consequently, to request asylum. The Spanish government prioritises what they call the «fight against illegal immigration» over compliance with the State’s obligations on Human Rights, thus violating the right to asylum and International Protection established under the Geneva Convention on the status of refugees, and elsewhere.

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