scholarly journals INTERNAL INCONSISTENCY OF THE CONCEPT OF «TOLERANCE» IN UNITED NATIONS DOCUMENTS: CONSTITUTIONAL AND LEGAL ANALYSIS

2020 ◽  
pp. 67-74
Author(s):  
Дмитрий Александрович Кириллов ◽  
Екатерина Григорьевна Сеченова
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Analysis ◽  
Group Affiliation ◽  
Unified Approach ◽  
Universal Human Rights ◽  
Russian Constitution ◽  
Internal Contradiction ◽  
Internal Inconsistency ◽  
The Relationship

В статье показана взаимосвязь понятия «tolerance» в документах ООН и положения Конституции РФ о приоритете общечеловеческих прав перед правами, обусловленными групповой принадлежностью людей. При этом в документах ООН на русском языке единый подход к переводу «tolerance» отсутствует, что препятствует толкованию Конституции РФ, а потому при анализе понятия «tolerance» нами использованы документы на английском языке. Однако и в них видна явная внутренняя противоречивость, что может указывать на признаки легковесности позиции ООН в отношении самой идеи «tolerance» и ее продвижения. Даются рекомендации по коррекции ситуации. The article shows the relationship between the concept of «tolerance» in UN documents and the provisions of the Russian Constitution on the priority of universal human rights over rights arising from the group affiliation of people. Notably, UN documents in Russian contain no unified approach to the translation of «tolerance», which impedes the interpretation of the Russian Constitution; therefore, UN documents in English were used to analyze the concept of «tolerance». However, a clear internal contradiction can be observed in these documents as well; this might indicate signs of unacceptable lightness of the UN position in relation to the idea of «tolerance» and its advancement. Recommendations are provided to remedy the situation.

Human Rights, Global Ethics, and the Ordinary Virtues

2017 ◽  
Vol 31 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Michael Ignatieff
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Equal Opportunity ◽  
Universal Declaration ◽  
Global Ethics ◽  
Citizen Action ◽  
Individual Person ◽  
The World ◽  
Universal Human Rights ◽  
The Individual

In a 1958 speech at the United Nations, Eleanor Roosevelt took stock of the progress that human rights had made since the proclamation of the Universal Declaration of Human Rights ten years before. Mrs. Roosevelt had chaired the UN committee that drafted the Universal Declaration and had hoped that, in time, it would become “the international Magna Carta of all men everywhere.” Her answer to the question of how to measure human rights progress has become one of the most frequently quoted remarks of the former First Lady: Where, after all, do universal human rights begin? In small places, close to home—so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.

COVID-19 Border Closures: A Violation of Non-Refoulement Obligations in International Refugee and Human Rights Law?

2021 ◽  
Vol 39 (1) ◽  
pp. 32-48
Author(s):  
Kate Ogg ◽  
Chanelle Taoi
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Travel ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Refugee Protection ◽  
Travel Restrictions ◽  
Border Policy ◽  
The Relationship ◽  
Travel Restriction

Abstract COVID-19 has presented a number of challenges for the international refugee protection regime. An issue that has received little attention is the relationship between states tightening their borders in an effort to reduce the spread of COVID-19 and their non-refoulement obligations. This raises the question of how international law responds when non-refoulement obligations may conflict with other international human rights such as the rights to life and health. Further, the legal analysis of whether a particular COVID-19 border policy is in violation of non-refoulement obligations must take into account how the travel restriction will be implemented. This article provides an overarching analysis of non-refoulement provisions in international refugee and human rights law and which COVID-19 international travel restrictions may be in breach of these obligations. We examine different types of COVID-19 travel restrictions and argue that many are undoubtedly violations of non-refoulement, but others raise unsettled questions of international law. Nevertheless, there is jurisprudence and scholarship to support the proposition that a state’s non-refoulement obligations can be triggered even in these more contested scenarios.

MENELISIK PENGAKUAN DAN PERLINDUNGAN HAK-HAK ASASI POLITIK PASCA PERUBAHAN UUD 1945

2018 ◽  
Vol 3 (2) ◽  
pp. 217-246
Author(s):  
Bayu Jatmiko Jatmiko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Modern State ◽  
Political Rights ◽  
State Law ◽  
Important Thing ◽  
The United Nations ◽  
The Relationship

The concept of the relationship between state law and human rights (HAM) is an important thing in the concept of a modern state. Although the theory of thinking about human rights is divided universally or in particular, Indonesia is trying to escape from this debate. So that historically the regulation of human rights by the Indonesian state actually preceded the arrangement of human rights by the United Nations (UN), then included it in the articles governing Political Rights

International Law, the ECHR, and the EU

2021 ◽  
pp. 212-312
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
Special Importance ◽  
International Human Rights Law ◽  
Intergovernmental Organization ◽  
The United Nations ◽  
The Relationship ◽  
The Eu

This chapter focuses on the relationship between international law, the European Convention on Human Rights (ECHR), and the EU. International law features with respect to the EU both as an object of the EU's internal fundamental rights regime and as a source of human rights obligations. Whereas the latter reflects the original conception of international human rights law, the former is capable of generating unease due to the scope for contravening the principle of supremacy of international law. Moreover, although the ECHR can, in principle, be regarded as international law, it is of special importance to the legal order of the EU and its Member States, in addition to representing the most developed regional regime of human rights protection in the world. The specific character of the EU as neither a typical international (intergovernmental) organization nor a state often complicates the relationship with international law further. Nonetheless, Article 3(5) TEU requires the EU to contribute, in its international relations, ‘to the protection of human rights as well as the strict observance and the development of international law, including the respect for the principles of the United Nations Charter’. The chapter then looks at other Council of Europe instruments and the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).

The Politics of Human Rights Diplomacy

2020 ◽  
pp. 097359842094343
Author(s):  
Anupama Ghosal ◽  
Sreeja Pal
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
United Nations ◽  
National Security ◽  
International Organizations ◽  
Human Rights Violations ◽  
Precise Formulation ◽  
The United Nations ◽  
The Relationship

The issue of Human Rights features as a prominent agenda of the United Nations and its related international organizations. However, when it comes to precise formulation of a country’s foreign policy in bilateral or multilateral forums, the issues of trade and national security find priority over pressing human rights violations occurring within the countries engaged in the diplomatic dialogue. An often-employed reason behind such an approach is the need to respect sovereignty and non-interference of a country in diplomacy. This article aims at analysing the potential which diplomacy holds to pressurize recalcitrant regimes to respect human rights. In doing so, the article tries to explore the ambit of Human Rights Diplomacy and the relationship between agenda of politics and human rights.

Universals and Particulars in International Relations Theory

2010 ◽  
Author(s):  
Fiona Robinson ◽  
Anupam Pandey
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Relations Theory ◽  
English School ◽  
Feminist Scholarship ◽  
Sovereign State ◽  
International Ethics ◽  
Local Contexts ◽  
Universal Human Rights ◽  
The Relationship

One of the most vigorous debates within the discipline of international relations (IR) revolves around the “universal/particular” dichotomy: the tensions between worldviews that emphasize the “whole” as a unified entity or set of ideas—in the case of IR, the “whole” typically refers to the “whole world”—and those that emphasize constituent “parts”, and the differences among them. Discussions regarding universalism and particularism have involved the traditions of realism, liberalism, and the English School, as well as critical theory, poststructuralism, and postcolonialism. Furthermore, the opposition between universalism and particularism has often taken the form of the analysis of conflict between the sovereign state, on one hand, and universal human rights, on the other. Feminists have been particularly influential in challenging the universal/particular debate in the context of human rights. Their perspectives on human rights are exemplary of feminist scholarship in the field of international ethics more generally. Indeed, feminists are constantly striving to mitigate and overcome the tensions between the universal and the particular through their commitment to relationality. The crucial question that remains is: What should be the relationship between the universal and the particular and how should we conceive of this relationship in a non-antagonistic and constructive manner? The answer lies in conceiving the relationship between the two as a dialectical one. In order to understand the universal, it is important to accept the fact that it is derived from particular local contexts and can only be realized through the culturally specific norms and rules in each context.

Reflections and Legal Analysis of the Relationship between “Religious Government and Human Rights” from the Perspective of Grand Ayatullāh Muntazirī

2011 ◽  
Vol 51 (3-4) ◽  
pp. 382-408
Author(s):  
Reza Hajatpour
Keyword(s):  
Human Rights ◽  
Traditional Method ◽  
Political Authority ◽  
Fundamental Rights ◽  
Social Conditions ◽  
Legal Analysis ◽  
Islamic Republic ◽  
Personal Experiences ◽  
The Relationship ◽  
Liberal Concept

AbstractThis article discusses the book "Religious Government and Human Rights" (Hukūmat-i dīn-i wa huqūq-i insān) by the Shiite Grand Ayatullāh Husayn 'Alī Muntazirī (1922-2009). In this work, he explicitly tackles central issues of religious government and discusses its incongruity with human rights. He advocates the recognition of human rights along general lines, and positions himself firmly against absolutist Islamic rule, thereby undermining the concept of religious authority currently prevalent in the Islamic Republic. Muntazirī justifies these moves by applying the traditional method of jurisprudence (usūl al-fiqh), calls for re-arranging the system of how sections of the law are structured and even for the possibility of adding entirely new articles. Iğtihād for him is the renewal of jurisprudence in accordance with the Zeitgeist, with changing social conditions and with scientific discoveries. Jurisprudence, in contrast to revelation, is the work of man and can therefore be questioned and adapted in the light of the principles of reason ('aql). Muntazirī calls for a fresh review of jurisprudence based on the liberal human rights of our time. He also stresses the permanent and universal character of these natural and fundamental rights, which apply in all situations and under all conditions despite cultural and religious differences. For Muntazirī, these fundamental rights are deduced from the very essence of man's existence (insāniyat-i insān), which constitutes their only legitimate source. The roots for Muntazirī's oppositional and critical stance towards the Islamic Republic and its despotic system of rule lie first and foremost in his negative personal experiences with the system. Gradually, these gave way to a critical and more liberal concept of religion and political authority in his thought.

scholarly journals ASEAN REFORM: TOWARDS A MORE COHESIVE REGIONAL INTERGOVERNMENTAL ORGANISATION

2019 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Yogi Bratajaya
Keyword(s):  
Human Rights ◽  
National Identity ◽  
United Nations ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Mutual Respect ◽  
Territorial Integrity ◽  
The Rule Of Law ◽  
United Nations Charter ◽  
The Relationship

AbstractThe Association of Southeast Asian Nations (ASEAN) is a regional intergovernmental organization that has seen exponential growth throughout the course of its lifespan ever since it was founded in August 8 of 1967. The organization comprises of 10 Member States with differing backgrounds in economy, culture and government. Its aims and purposes include “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” based on the “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” However, it seems that ASEAN’s fundamental principles are its main detriment to achieving and carrying out its aims and purposes. The organization has faced multiple criticisms regarding its failure to address pressing matters in the region, such as ongoing human rights violations committed by member states. The slowness in addressing these matters is due to its fundamental principles of non-intervention and mutual respect for political independence, which in turn causes the lack of comprehensive dispute settlement mechanisms within the organization. This journal aims to pinpoint and identify the root of the aforementioned problems and seeks to provide a comprehensive solution with reference to other regional organizations. Keywords: ASEAN, Legal Personality, Dispute Settlement, Human Rights   AbstrakAssociation of SouthEast Asian Nations (ASEAN) merupakan sebuah organisasi antarnegara regional yang mengalami perkembangan pesat sejak terbentuknya pada 8 Agustus 1967. Saat sekarang ASEAN mengandung 10 anggota negara yang mempunyai latar-belakang ekonomi, budaya, dan sistem pemerintahan yang berbeda. Tujuan dari ASEAN adalah “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” berdasarkan “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” Namun, prinsip dasar ASEAN seakan-akan menghambat ASEAN untuk mencapai tujuannya. Kritik yang dihadapi oleh ASEAN meliputi statusnya dalam hukum internasional, kurangnya efektivitas sistem penyelesaian sengketa di dalam ASEAN, dan bagaimana ASEAN mengatasi permasalahan Hak Asasi Manusia. Jurnal ini bertujuan untuk mengidentifikasi masalah tersebut dan memberi solusi komprehensif dengan meninjau kepada organisasi regional lain. Kata Kunci: ASEAN, Personalitas Hukum, Penyelesaian Sengketa, Hak Asasi Manusia

Globalization and Human Rights

2010 ◽  
Author(s):  
Tony Evans ◽  
Alex Kirkup
Keyword(s):  
Human Rights ◽  
Global Scale ◽  
Cultural Relativism ◽  
Social Transformations ◽  
Social Struggle ◽  
Human Rights Regime ◽  
Universal Human Rights ◽  
Human Rights Act ◽  
And Function ◽  
The Relationship

The literature on the relationship between globalization and human rights has laid out three responses to the economic, political, and social transformations of globalization within the human rights. First, some scholars consider globalization as complementary to the progressive realization of universal human rights on a global scale. They cite the extension and deepening of the formal human rights regime through international institutions and nongovernmental organizations (NGOs), and the emergence of new private, corporate forms of authority. Second, others perceive of globalization as creating substantial challenges for the realization of universal human rights on a global scale. Such scholars are engaged in criticism of the existing institutional arrangements of the formal human rights regime. They highlight the way in which human rights act as a form of power over people, especially where different ways of life are brought into contact and conflict through transformations associated with globalization. Furthermore, they reject the idea of the progressive realization of human rights as some form of an inevitable unfolding of history or as a singularly desired end point, and instead acknowledge conflicting conceptions of rights as expressions of social struggle A third group of scholars are engaged in the critique of the conception and function of human rights within globalization. From this viewpoint, globalization reveals that ideas of universal and indivisible human rights, along with their progressive realization, are flawed and need to be replaced by more substantive concepts. The critiques stem from the perspectives of neo-Marxism, postpositivism, feminism, and cultural relativism.

The United Nations and Human Rights

2020 ◽  
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Court Of Justice ◽  
International Court ◽  
Wide Range ◽  
Human Rights Treaties ◽  
The United Nations ◽  
And Performance ◽  
The Relationship ◽  
Significant Attention

The very concept of human rights implies governmental accountability. To ensure that governments are held accountable for their treatment of citizens and others, the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Inevitable instances of politicization and the hostile or ambivalent attitude of most governments has often endangered the fragile progress made on the more technical fronts. In addition, there are major problems of underfunding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. This book critically examines the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN’s human rights machinery, as illustrated most notably by the creation and operation of the Human Rights Council. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

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