scholarly journals From the rights of man to the human rights: Man - nation - humanity

2008 ◽  
Vol 19 (1) ◽  
pp. 111-151 ◽  
Author(s):  
Adriana Zaharijevic
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Universal Human Rights ◽  
The Right ◽  
Fundamental Requirement ◽  
Simultaneous Evolution

The insistence on the fact that human rights and the rights of man (codified in The Universal Declaration of Human Rights and Declaration of the Rights of Man and of the Citizen, respectively) are not one and the same, which could be deduced from the notion of man common to both terms, is the key thesis of this text. By developing this motive, I try to determine the following: that the notion of man, by definition inclusive and abstractly non-discriminative term, is in fact established on tacit exclusions in the time of its inception (Enlightenment revolutinary era), and it was only upon these exclusions that the term man could have signified "the free and equal". Although the parallel or simultaneous evolution and implementation of the rights of man and national rights might seem contradictory, I seek to demonstrate that this paradox is only ostensible, arguing that the notion of man is itself limited and exclusionary, and is therefore compatible with the exclusivity which is the conditio sine qua non of nation. The consequences of nationalism - World Wars, primarily - proved that the conception of liberty and equality, based on the conception of fraternity of men (white European males), and of partial democracy pretending to be universal, cannot be maintained any further. Codification of universal human rights represents a reaction to this internal discrepancy inasmuch as it is a reaction to the destructiveness of all kinds of nationalisms. The notion of life, developed in this text, corresponds to the fundamental requirement for the right to life (as the first and the most basic of all human rights), which no longer belongs to "man", but to everyone.

The Universal Declaration of Human Rights in medical-ethical perspective

1999 ◽  
Vol 48 (1) ◽  
pp. 49-59
Author(s):  
Willem J. Eijk
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Choice Theory ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Right To Life ◽  
Ethical Perspective ◽  
Surgical Interventions ◽  
Definition Of ◽  
The Right

Notwithstanding its impressive achievements in combating crimes against humanity, the Universal Declaration of Human Rights offers no sufficient basis for medical ethics. It does not provide a clear definition of the human being who is subject of human rights, thus giving room for philosophical anthropologies according to which fetuses or neonates are no human persons yet or at most ‘marginal persons’. Because the Declaration likewise fails to define the concept of right, it can be interpreted from the perspective of classical theories of right as well as from that of the ‘choice theory of right’. If, as the last states, the right to life would include the right to dispose of it, the Declaration could serve to defend euthanasia, assisted suicide and manipulative medical and surgical interventions as well.

scholarly journals Non-universal Human Rights? How Article 6 (2) of the International Covenant on Civil and Political Rights Undermines Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 99-117
Author(s):  
Billy Holmes
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Human Dignity ◽  
Final Section ◽  
Political Rights ◽  
Right To Life ◽  
Universal Human Rights ◽  
Civil And Political Rights ◽  
The Right

Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.

Dignity

2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Medical Treatment ◽  
Capital Punishment ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Human Right ◽  
Per Se ◽  
The Right

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,

The Right to Life at Sea Seventy Years after the Proclamation of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 149-154
Author(s):  
Giorgia Bevilacqua
Keyword(s):  
Human Rights ◽  
International Community ◽  
Universal Declaration ◽  
Law Of The Sea ◽  
Special Significance ◽  
Right To Life ◽  
The Mediterranean ◽  
The Law ◽  
The Right ◽  
Multilateral Treaties

The Universal Declaration of Human Rights was proclaimed on 10 December, 1948, in order to offer a common standard of achievements in the context of fundamental human rights all peoples and all nations of the word. Of the rights universally recognized in the Declaration, the right to life presented a special significance in response to the atrocities and barbarous acts which preceded its proclamation: the right to life is irreversible and essential to the enjoyment of any other rights. In addition to the Universal Declaration, the right to life is stipulated in several multilateral treaties that confirm the relevance of the right to life for the entire international community. And even though none of these treaties includes the right to life at sea, the UN Convention on the Law of the Sea sets out the duty to rescue people in distress at sea. In light of the persistent migratory crisis in the Mediterranean, as well as of the tendency to manage migration through activities of securitization, this paper aims to share some reflections on the current meaning of the obligations undertaken by the majority of States in the last 70 years in relation to the right to life.

scholarly journals Challenges of criminalization protest and corruption by looking at international documents

2019 ◽  
Vol 4 (22) ◽  
pp. 140-148
Author(s):  
Mina Torabi ◽  
Mohammad Javad Jafari ◽  
Masood Ghasemi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Legal System ◽  
Penal Code ◽  
Universal Declaration ◽  
The Political ◽  
Right To Life ◽  
Critical Step ◽  
The Right

With the passage of the Islamic Penal Code of 1992, the legislator took a critical step contrary to the provisions of international documents such as the Political and Civil Covenant and the Universal Declaration of Human rights and other documents criminalize behaviors that are critical of human rights, both in terms of punishment and in non-compliance with the principles and principles of criminality. As provided in Article 286 for severe on-the-ground corruption with a view to development in various fields, the death penalty has been specified. The perpetrators of these crimes and deviations from the substantive principles of security crimes, such as riots and corruption on earth, present challenges that will be addressed in this article, first explaining the importance of the right to life and the death penalty in international documents and the Iranian legal system.

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.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

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