scholarly journals PRISON BY HUMAN RIGHTS’ LENS AND COVID19 PANDEMIC – THE BRAZILIAN CRISIS

2020 ◽  
Vol 2 (2) ◽  
pp. 147-163
Author(s):  
Claudio Brandao ◽  
Renato Feitosa
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
Criminal Law ◽  
Member States ◽  
Political Reason ◽  
The Creation ◽  
Minimum Criteria ◽  
Brazilian Case

From the eighteenth century, prison was raised to the main response of Criminal law. This happened for a political reason, namely the creation of State. In this context, incorporations that the ideologies and characteristics of later centuries brought to prison entail an aporia. To face this crisis, Human rights has produced minimum criteria that should guide the actions of States. The COVID19 pandemic caused urgency of segment of these criteria and the Brazilian case is brought up as an example of failures of most UN member states.

scholarly journals An Agreement to Disagree: The ASEAN Human Rights Declaration and the Absence of Regional Identity in Southeast Asia

2014 ◽  
Vol 33 (3) ◽  
pp. 107-129 ◽  
Author(s):  
Mathew Davies
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Member State ◽  
Regional Identity ◽  
Member States ◽  
The Future ◽  
The Creation ◽  
Institutional Origins

ASEAN's engagement with human rights culminated in the creation of the ASEAN Human Rights Declaration in 2012. The Declaration is fascinating in three ways: Its institutional origins are surprising, it was agreed upon by states with very different positions on the role of human rights domestically, and it both contains commitments far in advance of some members and is at the same time dangerously regressive. The three leading frameworks that currently interrogate the Declaration fail to provide convincing insights into all three of those dimensions. To correct these shortcomings, this article applies the notion of an “incompletely theorized agreement” to the study of the Declaration, arguing that member states understand the Declaration in very different ways and agreed to it for similarly diverse reasons. Further, I argue that the Declaration neither articulates a shared regional identity relating to respect for human rights, nor can it be understood as marking an early point towards the creation of this identity. Instead, the current diversity of regional opinions on human rights and democracy is perceived as legitimate and will endure. The article concludes by considering whether this denudes the Declaration of value, arguing that its importance will vary: The more progressive the member state, the more important the Declaration will be in the future.

European Asylum Policy ‐ Inclusions and Exclusions under the Surface of Universal Human Rights Language

2009 ◽  
Vol 11 (4) ◽  
pp. 347-366
Author(s):  
Jari Pirjola
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Power Struggles ◽  
Member States ◽  
Asylum Policy ◽  
Universal Human Rights ◽  
The Creation ◽  
The Eu

AbstractThe tension between universal human rights commitments and particular interests of the EU or its Member States is at the heart of the creation of a common asylum system. This article explores some of the inherent and structural contradictions as well as the sometimes hidden paradoxes that affect the creation of common asylum policies. The development of the European asylum system is examined as a process of including and excluding. It is argued that open, abstract and empty human rights commitments can provide only limited guidance on how to develop migration and asylum policies in Europe. We should not try to hide the development of the European asylum system behind the obscurity of legal reasoning or institutionalized rights language, but see the emerging common asylum system as a result of different and often conflicting priorities, power struggles and ideological influences.

Safe Country of Origin List at the EU Level: The Bargaining Process and the Implications

2012 ◽  
Author(s):  
Anca Gurzu
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Geneva Convention ◽  
National Level ◽  
Country Of Origin ◽  
European Parliament ◽  
Bargaining Process ◽  
Member States ◽  
The Creation ◽  
The Eu

Critics have often highlighted that the 1999 Tampere decision to establish a common European Union (EU) asylum system has been too focused on security and not enough on human rights, leading to increased denial of protection for asylum seekers. This paper focuses on a controversial asylum policy, which is part of this debate: the safe country of origin (SCO) policy. This policy revolves around having a list of countries deemed "safe" which ensures asylum seekers from these countries are fast tracked through the system and likely denied asylum in the end, based on a general assumption that the application is unfounded. Human rights groups have argued the SCO policy violates the Geneva Convention. Widely used at the national level, officials proposed the creation of a supranational SCO list in the early 2000s. However, disagreements among Member States over what countries to deem “safe" as well as the need to place the European Parliament in a co-decision (as opposed to consultative) position for the creation of the EU SCO list have led to an impasse. This paper employs two major European integration theories, neofunctionalism and liberal intergovernmentalism, to explain the bargaining dynamics between Member States and their failure to agree on what “safe" means. Factors such as different national migratory pressures, varied procedural understandings and applications of the SCO policy, a limited successful harmonization in related asylum policies, along with a reluctance to have the European Parliament in a co-decision position all contributed to the non-adoption of a supranational SCO list.   Full text available at: https://doi.org/10.22215/rera.v7i1.212

Conclusion

2020 ◽  
pp. 249-254
Author(s):  
Jane Spencer
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
Natural History ◽  
Animal Rights ◽  
Nonhuman Animals ◽  
Political Tension ◽  
Human Animal ◽  
The Creation ◽  
A Site ◽  
Two Sides

Drawing together the threads of the previous chapters, these pages reflect on the way the entangled development of the concepts of human rights and animal rights made the human–animal border a site of political tension. During the eighteenth century people were exploring the similarities between human and nonhuman animals in new ways, encouraged by developments in natural history and the cultural spread of sympathy. The concept of animal rights was an almost inevitable (if uncertain) extension of the concept of human rights, and made the borderline between human and animal a site of great political tension. That animals are like humans, and that humans are (like) animals, were propositions brought together, two sides of the same coin, but what that might mean for human politics and for human–animal relations was debatable and debated, then as now. As we have seen, both the possibility that human–animal kinship could inspire greater kindness, and the danger that the animalization of human groups could be used to rationalize oppression, were realized during the period. The work concludes with a brief consideration of the legacy of eighteenth-century writing in contemporary animal representation, highlighting the continuing importance of storytelling to the creation of respect for nonhuman animals.

Why criminal law needs a philosophy of law?

2018 ◽  
Vol 4 (1) ◽  
pp. 1-10
Author(s):  
Tomasz Snarski
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Person ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Basic Principles ◽  
Law System ◽  
Protection Of Human Rights ◽  
The Creation

The article discusses the necessity of the presence of legal philosophy in penal sciences, i. a. criminal law, as a necessary basis for the creation and functioning of a system of good criminal law. The author, referring to selected views on the essence of the criminal law, indicates that the philosophy of law is a binder of the entire criminal law system, serving the implementation of its goals and functions, and guaranteeing that criminal law serves the service of the human person. The philosophy of criminal law applies in many respects, especially in justifying the basic principles of criminal law and in connection with the axiology of protection of human rights and the Constitution.

Council of Europe

1950 ◽  
Vol 4 (4) ◽  
pp. 689-694
Keyword(s):  
Human Rights ◽  
Member State ◽  
Civil Procedure ◽  
Press Conference ◽  
Council Of Europe ◽  
Double Taxation ◽  
Standing Committee ◽  
Member States ◽  
The Creation ◽  
The Right

The Committee of Ministers of the Council of Europe met for its fifth session in Strasbourg on August 4, 1950 in anticipation of the second session of the Consultative Assembly opening on August 9. At its first meeting the committee discussed the proposed agenda of the Assembly and included on it the following items: 1) a European Charter of Human Rights; 2) a proposal for a convention granting reciprocal treatment of subjects of member states, physical and juridical; 3) uniform civil procedure for member countries; and 4) elimination of double taxation. After the final meeting of the committee on August 9, the chairman of the committee (MacBride, Ireland) announced at a press conference that the ministers had decided to defer until their October meeting decisions on three proposals of the standing committee as the ministers wished to have the further views of the Assembly on them. The General Affairs Committee proposals were: 1) the appointment by each member state of a minister for European affairs to handle Council of Europe matters as a step towards unification; 2) the right of members to accept decisions of the Committee of Ministers in principle but without specific endorsement, to avoid exercise of the veto because of unacceptable details; and 3) the creation of a channel for presentation of the views of the Assembly to the member parliaments for discussion. Mr. MacBride announced at the same press conference that the ministers had decided to hold interim meetings of deputies in order to maintain closer contact with Council proceedings.

scholarly journals The Convention on Older Person's Rights: A Graphic Guide

2021 ◽  
Author(s):  
Mayra Crowe ◽  
◽  
Fernando Berriel ◽  
Adriana Rovira ◽  
Denisse Torena ◽  
...  
Keyword(s):  
Human Rights ◽  
General Population ◽  
Older Persons ◽  
Steering Committee ◽  
Older Population ◽  
Member States ◽  
International Partnership ◽  
Legal Instrument ◽  
American States ◽  
The Creation

This comic was created through an international partnership between the Centro lnterdisciplinario de Envejecimiento. Universidad de la Republica of Uruguay and the Scottish Centre for Comics Studies. University of Dundee. In June 2015 the Organisation of American States (OAS) signed the Inter-American Convention of Protecting the Human Rights of Older Persons. In order to encourage the implementation of this invaluable legal instrument. It is paramount to promote its ratification in those countries that have not done so. The creation of Monitoring Steering Committee requires a minimum of 10 countries to ratify the Convention. As of September 2021, only 8 Member States have ratified it. This comic presents an overview of the Convention. Its aim is to inform and create awareness of the benefits of ratification amongst stakeholders and the general population. This comic is dedicated to yesterday’s, today’s, and tomorrow’s older population.

scholarly journals Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego

2018 ◽  
pp. 107-119
Author(s):  
Georgi Gruew
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The Subject ◽  
The Creation ◽  
Principle Of Proportionality ◽  
The Eu

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.

scholarly journals Safe Country of Origin List at the EU Level: The Bargaining Process and the Implications

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Anca Gurzu
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Geneva Convention ◽  
National Level ◽  
Country Of Origin ◽  
European Parliament ◽  
Bargaining Process ◽  
Member States ◽  
The Creation ◽  
The Eu

Critics have often highlighted that the 1999 Tampere decision to establish a common European Union (EU) asylum system has been too focused on security and not enough on human rights, leading to increased denial of protection for asylum seekers. This paper focuses on a controversial asylum policy, which is part of this debate: the safe country of origin (SCO) policy. This policy revolves around having a list of countries deemed "safe" which ensures asylum seekers from these countries are fast tracked through the system and likely denied asylum in the end, based on a general assumption that the application is unfounded. Human rights groups have argued the SCO policy violates the Geneva Convention. Widely used at the national level, officials proposed the creation of a supranational SCO list in the early 2000s. However, disagreements among Member States over what countries to deem “safe" as well as the need to place the European Parliament in a co-decision (as opposed to consultative) position for the creation of the EU SCO list have led to an impasse. This paper employs two major European integration theories, neofunctionalism and liberal intergovernmentalism, to explain the bargaining dynamics between Member States and their failure to agree on what “safe" means. Factors such as different national migratory pressures, varied procedural understandings and applications of the SCO policy, a limited successful harmonization in related asylum policies, along with a reluctance to have the European Parliament in a co-decision position all contributed to the non-adoption of a supranational SCO list.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

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