Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

Presence through absence? Understanding the role of capital in the African Human Rights Action Plan

2020 ◽  
Vol 58 (4) ◽  
pp. 579-600
Author(s):  
Obiora Chinedu Okafor ◽  
Sanaa Ahmed ◽  
Sylvia Bawa ◽  
Ibironke Odumosu-Ayanu
Keyword(s):  
Human Rights ◽  
Low Income ◽  
Action Plan ◽  
Significant Degree ◽  
Universal Declaration ◽  
Low Income Countries ◽  
Significant Extent ◽  
Global Capital ◽  
Market Practices

AbstractThis study examines the African Human Rights Action Plan (AHRAP) through the lens of Upendra Baxi's germinal theory on the emergence in our time of a ‘trade-related, market-friendly human rights’ (TREMF) thesis that is challenging the specific understandings of ‘people-centric’ human rights that are predicated in the letter and spirit of the Universal Declaration of Human Rights (UDH). Baxi contends, instead, that the dominant strands of the contemporary understandings of human rights are – for the most part – designed to protect the interests of global capital. That said, human rights frameworks in low-income countries need to be studied with a view to what they say and don't say about global capital. Despite its attempt to facilitate a progressive realisation of human rights in Africa, the AHRAP does not rise far enough above the TREMF paradigm to re-locate itself within the UDH one. This is due to the AHRAP not adequately theorising and analysing the role of capital in the (non)realisation of human rights in Africa. By allowing trade and market practices to slip to a significant extent beyond its purview, the AHRAP privileges – to a significant degree – the needs/interests of capital over the human rights of ordinary Africans. That is, the victims of the excesses of capital in Africa are reincarnated in the AHRAP document by the fact of their exclusion from it.

scholarly journals Tolerance – a Culturally Dependent Concept?

2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Trond Jørgensen
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Cultural Context ◽  
Universal Declaration ◽  
Japanese Culture ◽  
Human Beings ◽  
Social Rules ◽  
Moral Environment ◽  
Rights Discourse ◽  
Human Rights Discourse

This article presents research on Japanese interpretations of the first article of the Universal Declaration of Human Rights as a point of departure for discussing how the Japanese cultural contexts present an alternative understanding of tolerance to the Western liberal. According to Rainer Forst, tolerance is a normatively dependent concept (Forst 2010). This implies that the specific cultural values or the ‘normative context’ and environment become relevant. Since the praxis of tolerance always takes place in a specific cultural and moral environment, the cultural context influences how tolerance is carried out in practice as well as the norms defining its limits. Japanese informants held that cultural norms and values in Japan differ somewhat from those in the West. They perceived the human rights discourse as culturally dependent and culturally marked and clearly considered the first article of the Universal Declaration of Human Rights to be a product of Western thought. It states that ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood’ (United Nations 1948). While the role of tolerance in Western political philosophy seems to be attached to liberal values of autonomy and freedom, the Confucian-influenced environment in Japan places more emphasis on inter-dependency, cultivation, and learning social rules and proper-place-occupation as bases for moral conduct and deserving of respect. According to the Japanese informants, people are not ‘born with rights’ or ‘born free and equal’. Maintaining harmony, consensus, and proper behaviour according to relationships and hierarchy creates a different kind of setting for tolerance. The inter-dependent perspectives of Japanese culture may restrain freedom and can thus be expected to limit toleration of divergent views or behaviour. The culture-specific perception of human nature with an ‘inter-dependent construal of self’, counts as a context for tolerance. Also, it could be argued that Japanese religion is less doctrinal and absolute, and particularistic morality prevails. In the Japanese setting, the coexistence of competing truth systems seems to be more easily tolerated. This may broaden the room for tolerance. The cultural values defining ‘the good’ vary, implying that culture counts when the limits for tolerance are drawn. What is valued is culturally dependent, thus directing what is tolerated.        

Organized Crime

2008 ◽  
pp. 610-619
Author(s):  
Frank G. Madsen
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Money Laundering ◽  
Organized Crime ◽  
Illicit Drugs ◽  
Illicit Drug ◽  
Universal Declaration ◽  
Transnational Organized Crime ◽  
Modern Times

This article discusses a virtually unknown but growing role of the UN, which is its contribution to combating transnational organized crime. This includes illicit drug and human trafficking. UN efforts in this area are based on the Charter and the Universal Declaration of Human Rights. The article stresses that reinterpretations of older conventions are important in modern times, where national authorities may be at a disadvantage in fighting illicit activity. The article determines that destroying terrorism and money laundering is similar to stopping the trafficking of illicit drugs and humans, since these should be intrinsic and not additional UN activities.

Realization of the International Human Right to Health in an Economically Integrated North America

2009 ◽  
Vol 37 (4) ◽  
pp. 807-818 ◽  
Author(s):  
Eleanor D. Kinney
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
North America ◽  
Free Trade ◽  
Right To Health ◽  
Social Progress ◽  
The European Union ◽  
Human Right ◽  
International Human ◽  
The Impact

During World War II, the Allies created the United Nations and its associated international institutions to stabilize the post-war world. The Allies envisioned a coordinated world in which human rights for all were respected, economic and social progress for all promoted, and global warfare prevented. This was a phenomenally fantastic vision that seemed unattainable in the wake of the most devastating global war in history.Today, the world is witnessing some of the fruits of these mid-20th century events and aspirations, especially since the collapse of Communism in 1989. Economic integration and free trade has become much more prevalent as exemplified by astounding developments such as the European Union. And there is a greater appreciation of human rights, including the international human right to health. This article examines the evolution of trade policy and the impact of free trade policies on the health care sectors of the three countries of North America and the realization of the human right to health in North America.

scholarly journals Media, informacja a szczepienia przeciw COVID-19

2021 ◽  
Vol 2021 (2 (11)) ◽  
pp. 201-215
Author(s):  
Katarzyna Bałandynowicz-Panfil ◽  
Keyword(s):  
European Union ◽  
Primary Sources ◽  
The European Union ◽  
Government Programs ◽  
Safe Level ◽  
The Face ◽  
The Media ◽  
Fourth Wave ◽  
Population Resilience

The fourth wave of the COVID-19 pandemic is another significant confession for European societies. Despite extensive efforts, a safe level of population resilience has not been achieved in most countries. Previous actions and government programs aimed at persuading as many people as possible to accept vaccinations. Full availability of free vaccination has brought different levels of participation in fully vaccinated people across the European Union. This article presents the preliminary results of research on the role of the media in shaping pro-vaccination attitudes in Poland, based on a critical analysis of the literature on the subject, statistical data and an empirical research. The differences in attitudes towards vaccination against the SARS-CoV-2 virus in individual European Union countries have multifaceted conditions. These include factors of a social, political and cultural nature. Information plays an important role, shaping social attitudes in the discussed issue. One of the primary sources of this information is media – both traditional and digital. It is therefore worth defining the strength of media in the fight to build population resilience in the face of a pandemic.

scholarly journals The Right to Religious Autonomy and the Case-Law of the European Court of Human Rights

2020 ◽  
pp. 239-249
Author(s):  
Anastasia A. Isaeva ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The European Union ◽  
Freedom Of Conscience ◽  
Internal Governance ◽  
European Institutions ◽  
European Court ◽  
Religious Associations ◽  
The Right

In this study, the author addresses the problem of the definition and structure of the right to religious autonomy. The object of the study was the content of the two manifestations of this right that the author identified: internal governance and doctrinal autonomy in the practice of the European Court of Human Rights. The aim of this article is to determine the main areas of protection of the right to religious autonomy of religious associations and the positive experience applicable in the Russian Federation. The author describes the role of the right to religious autonomy, which is an integral part of pluralism in a democratic society and, therefore, acts as a center for protection provided by freedom of conscience. The study is based on the theoretical material of the works of both Russian (P.V. Sergeev, Yu.E. Fedotova, M.O. Shakhov) and foreign (M.E. Chopko, M.F. Moses) researchers. The extensive law enforcement practice of the European Court of Human Rights and the regulations of the European Union are also used. The methodological basis of the study is dialectical, comparative legal, formal legal, and other methods. In particular, the use of the dialectical method helped to determine the content of the concept of the right to religious autonomy, to study the dynamics of the legal positions of the European Court of Human Rights regarding a “balanced approach” to protect the autonomy of the internal management of religious associations. The use of comparative legal and formal legal methods helped to identify correlations between the case-law of the European Court of Human Rights and acts adopted within the European Union. The use of the functional method made it possible to investigate the place and role of European institutions and the nature of their governing influence on the provision and protection of the right to religious autonomy to various religious associations, including those representing a religious minority. As a result, the author comes to the conclusion that religious autonomy in its two possible manifestations—internal governance and doctrinal autonomy—directly follows from the content of the powers of freedom of conscience. Both of the manifestations are protected by European regulations although such protection cannot be considered as absolute. On the one hand, the right to religious autonomy is an integral part of the external manifestation of religious beliefs; on the other, its universal protection will jeopardize the protection of the rights of others. Nevertheless, in a situation in which the governing influence of European states is limited and the enforcement practice of the European Court of Human Rights is not entirely consistent, it seems that European institutions are aware of the importance of the right to religious autonomy. Therefore, the authorities resolve problems associated with its implementation pragmatically, trying to balance it with other rights and legitimate interests.

scholarly journals NANOTECHNOLOGICAL RISKS AND THEIR INTERNATIONAL AND NATIONAL REGULATION: ITS IMPORTANCE IN THE CONTEXT OF TIME AND HUMAN RIGHTS

2020 ◽  
Vol 1 (58) ◽  
pp. 207
Author(s):  
Juliane Altmann BERWIG ◽  
Wilson ENGELMANN
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Point Of View ◽  
International Level ◽  
Niklas Luhmann ◽  
Human Beings ◽  
Safety Measures ◽  
National Regulation ◽  
Internal Development ◽  
Share Information

ABSTRACT Objective: The present article aims to discuss the risks inherent the new technologies, especially nanotechnology, to the environment and, consequently, to human beings. From this point of view, it presents the evidence of risks pointed out by scholars as well as the discussions already performed at an international level considering their necessary and emerging regulation. Methodology: This article uses the methodology of literature survey and a systemicconstructivist framework to approach the risks, in the light of Niklas Luhmann’s concept of society of risk to discuss why nanotechnological risks should be taken into account. Results: The investigation has as conclusion that, despite the clear evidence of risks, so far there has been no regulation aiming at the development of this technology with investments in safety for the purpose of controlling environmental and human risks. Important issues must be taken into account in the national internal development of a “nanolaw”. Contributions: As a contribution, this paper discusses some of the main events already held at an international level focusing on the regulation of nanotechnology for its safe development with regard to the environment and human beings. At these events reports were issued supporting the need to share information and also to enter into an international agreement on safety measures designed to face nanotechnologial risks by implementing risk management. Keywords: Nanotechnology; risks; human rights; regulation. RESUMO Objetivo: O presente artigo tem como objetivo discutir os riscos inerentes às novas tecnologias, principalmente a nanotecnologia, ao meio ambiente e, consequentemente, ao ser humano. Sob esse ponto de vista, apresenta evidências de riscos apontados pelos acadêmicos, bem como as discussões já realizadas em âmbito internacional, considerando sua regulamentação necessária e emergente. Metodologia: Este artigo utiliza a metodologia de pesquisa bibliográfica e uma estrutura sistêmico-construtivista para abordar os riscos, à luz do conceito de sociedade de risco de Niklas Luhmann para discutir por que os riscos nanotecnológicos devem ser levados em consideração. Resultados: A investigação tem como conclusão que, apesar da clara evidência de riscos, até o momento não há regulamentação voltada ao desenvolvimento dessa tecnologia com investimentos em segurança para fins de controle de riscos ambientais e humanos. Questões importantes devem ser levadas em consideração no desenvolvimento interno nacional de uma “nanolaw”. Contribuição: Como contribuição, este artigo discute alguns dos principais eventos já realizados em âmbito internacional, com foco na regulamentação da nanotecnologia para seu desenvolvimento seguro em relação ao meio ambiente e aos seres humanos. Nesses eventos, foram emitidos relatórios de apoio à necessidade de compartilhar informações e também de um acordo internacional sobre medidas de segurança projetadas para enfrentar riscos nanotecnológicos através da implementação do gerenciamento de riscos. Palavras-chave: Nanotecnologia; riscos; direitos humanos; regulamento.

Book IV Multilateral Diplomacy, Human Rights, and International Organizations, 22 The European Union—II External Relations

2016 ◽  
Author(s):  
Berman Paul
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Organizations ◽  
International Level ◽  
The European Union ◽  
External Relations ◽  
Single State ◽  
Common Policies ◽  
Multilateral Diplomacy ◽  
The Eu

This chapter examines the unique characteristics of the European Union in conducting its external relations, including its limitations and complex division of responsibilities. The Union’s position on the international stage has frequently been seen as ambiguous. Its extensive common policies and legislation, and its extensive relations with third States and international organizations, can create the expectation that the European Union can or should act at the international level in a manner akin to that of a single State. However the Union can only act within the limits of the powers conferred on it by its Member States under the EU Treaties and the complex division of responsibilities amongst the Union’s own institutions. As such, dealing with the European Union at the international level can indeed be perplexing.

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