THE CONCEPT OF "HUMAN RIGHTS" IN THE SOCIO-POLITICAL SCIENCES

2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Farhod Khatamov ◽  

This scientific article analyzes the origin of the concept of "human rights", its historical evolution and role in the political development of society. Scientific conclusions were made by summarizing the interpretations of various periods and historical stages. The study also emphasizes that the protection of human rights and freedoms occupies a special place in the development of human civilization

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.


Author(s):  
Parkinson Charles

This book analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. More broadly it explores the political dimensions of securing the protection of human rights at independence and the peaceful transfer of power through constitutional means. This book fills a major gap in the literature on British and Commonwealth law, history, and politics by documenting how bills of rights became commonplace in Britain' s former overseas territories. It provides a detailed empirical account of the origins of the bills of rights in Britain's former colonial territories in Africa, the West Indies, and South East Asia as well as in the Atlantic and Pacific Oceans. It sheds light on the development of legal systems at the point of gaining independence and raises questions about the colonial influence on the British legal establishment's change in attitude towards bills of rights in the late 20th century. It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally, this book highlights Britain's human rights legacy to its former Empire, and traces the genesis of the bills of rights of over thirty nations from the Commonwealth.


2008 ◽  
Vol 90 (869) ◽  
pp. 91-117
Author(s):  
John P. Pace

AbstractThe aftermath of the invasion of Iraq set unprecedented challenges to the United Nations in the political and in the human rights spheres. Since the first involvement of the United Nations under Security Council Resolution 1483 (2003), the United Nations, through its assistance mission (UNAMI), has provided support to the process of transition from a military occupation resulting from an unlawful invasion to a fully sovereign and independent state, an objective yet to be fully achieved. The article looks at this trajectory from the angle of the involvement of the Security Council, the legal context, the protection of human rights and the striving for reconciliation, sovereignty and inclusiveness.


Author(s):  
Corina Siman ◽  

The Convention for the Protection of Human Rights and Fundamental Freedoms empowers the decision-making and executive body of the Council of Europe, id est the Committee of Ministers, to supervise the execution of the European Court of Human Rights’ case law. The mechanism thus established possesses a certain specificity, which is inherent to the European system of protection of fundamental rights. Therefore, both the political nature of the Committee of Ministers and the elements that form the process of monitoring the implementation of the content of the Strasbourg Court’s judgments and decisions are of interest.


The article is devoted to the study of such sources of electoral law in Ukraine as the Convention for the Protection of Human Rights and Fundamental Freedoms, the first Protocol to the Convention and the case-law of the European Court of Human Rights. The legal nature of these international sources of suffrage in Ukraine is considered. Attention is drawn to the peculiarities of the wording of the right to free election in Article 3 the first Protocol to the Convention. The peculiarities of the application of the above article by the European Court of Human Rights are disclosed. The importance the case-law of the European Court of Human Rights as a source of suffrage in Ukraine is emphasized. This assertion is justified by the fact that the rules of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols are of a general and abstract nature and are interpreted and filled with real meaning in judgments of the European Court of Human Rights, which are of precedent nature. A number of legal positions of the European Court of Human Rights concerning the obligation of the state to organize and hold democratic elections, enshrined in the specific decisions of this international judicial institution, have been analyzed. In the article were covered such legal positions as: the possibility of limiting the suffrage of citizens, provided that such conditions do not interfere with the free expression of the people's opinion on the election of the legislative body; evaluation of the electoral legislation in the light of the political development of the country, taking into account national characteristics; wide discretion of the state in the choice of the electoral system, which will ensure the free expression of the opinion of the people, etc. There are a number of unresolved issues regarding the application of the case-law of the European Court of Human Rights in judicial and administrative practice in Ukraine, one of which is the possible conflict between the case-law of the Court and the rules of Ukrainian law. It is proposed to resolve this conflict at the legislative level. The conclusions focus on the peculiarities of the legal nature of these sources of suffrage in Ukraine. KEY WORDS: sources of suffrage, Convention for the Protection of Human Rights and Fundamental Freedoms, case-law of the European Court of Human Rights, right to free elections.


Author(s):  
Chinyere Ukpokolo

Margaret Ekpo was a woman leader, a pioneer parliamentarian and a human rights activist who contributed immensely to the political development of Nigeria during the colonial and pre-Civil War eras. She was actively involved in the struggle for Nigerian independence, and agitations for women’s inclusion in policies and programs of government. A leading member of National Council of Nigeria and Cameroons (NCNC), which became the National Council for Nigerian Citizens in 1960, Margaret rose to become a member of National Executive Council (NEC) of the party as well as the Vice President of the NCNC Women Association. In 1954, she was appointed a Chief with a seat in the Eastern House of Chiefs, breaking gender barrier that had hitherto made the space a male preserve. Margaret was a patriotic Nigerian. As part of her contributions to the constitutional development of Nigeria, Ekpo attended many constitutional conferences in Lagos and London as an adviser to the NCNC. She deployed different strategies to build political consciousness among women in Eastern Region of Nigeria. Her concern on universal suffrage led her to speak unequivocally against women exclusion in political process in the Northern Region of Nigeria. Margaret was an industrialist. She founded a sewing institute named “Windsor Domestic Science Institute” where she trained women in bookkeeping, dressmaking, and home economics among other activities. She believed that women must not be idle but work to earn income to assist their husbands. Margaret founded Aba Market Women Association, which she also used as a platform to educate women on their rights. She was rights activist who utilized her position as a parliamentarian to agitate for the political, economic, educational, and cultural emancipation of her people. For instance, she fought for the welfare of workers and their fundamental human rights. She demanded gender equity in the appointment of people to the Census Board, employment in the police force, and called for more girls to be offered scholarships. Margaret mobilized women against the British colonial administrators following the killing of coal miners at Iva Valley, Enugu, known as “Enugu Colliery Massacre” in 1949, and the murder of Onyia, a wardress in Enugu prison killed in 1954 for her refusal of sexual advances of a warder. She wanted government to coordinate the processes through which Nigerian students abroad access scholarships. Margaret believed in the indivisibility of Nigeria and suffered for her conviction during the Nigeria–Biafra Civil War (1966–1970). For her services to humanity, Ekpo received several awards and honors. An airport, Margaret Ekpo Airport Calabar, was named after her in her life time. She was awarded National Officer of the Order of Niger (NOON) and Commander of the Order of Federal Republic (OFR). Ekpo was a member of the Board of Trustees of Women’s Research and Documentation Centre (WORDOC), Institute of African Studies, University of Ibadan, Ibadan, Nigeria. Chief Margaret Ekpo died on September, 21, 2006 at the age of ninety-two.


2021 ◽  
Vol 30 (2) ◽  
pp. 180-191
Author(s):  
Daniela Decheva ◽  

The paper analyses the contemporary debate about memory culture and memory policy in Germany which are highly valid for Europe as well. They base on the political consensus that the memory of collective crimes committed in the past, especially of the Holocaust, and the honour to the victims, are a basic prerequisite for the protection of human rights. In the second part of the paper different critical views on the conception and practice of memory culture and memory policy in Germany are discussed.


1994 ◽  
Vol 2 (1) ◽  
pp. 7-34 ◽  
Author(s):  
Jan E. Helgesen

AbstractThis article gives an analysis of the protection of minorities in the CSCE documents. It explains the historical evolution of the set of norms pertaining to the minority question in the CSCE Process. The author shows how this kind of questions, form the beginning, played a modest role in the crusade for the protection of human rights. Emphasis was on the protection of the individual, not on the group as such. Gradually, however, more importance has been given to the protection of minorities. The author is convinced that the CSCE is an interesting option for those wanting to enhance the international protection of the rights of minorities. He puts particular emphasis on the establishment of the CSCE High Commissioner on National Minorities.


2014 ◽  
Vol 45 (2) ◽  
pp. 367
Author(s):  
Claudia Geiringer

This is the text of the author's inaugural lecture as a Professor at the Faculty of Law at Victoria University of Wellington. The author discusses the nature of entrenched bills of rights as a protection mechanism for human rights, particularly focusing on New Zealand and its Bill of Rights Act and the author's personal journey as a scholar. In the first part of the lecture, the author contrasts her intellectual journeys on constitutions and bills of rights with that of the previous generation, which includes the likes of Sir Kenneth Keith and Sir Geoffrey Palmer. The author suggests that the experience of both generations have been both the same and different due to the political and constitutional climates. In the second part of the lecture, the author argues that we are now in a position to start reaching definitive conclusions about how well the New Zealand Bill of Rights Act 1990 has worked by drawing on her own research. The author concludes that it is time for reform, suggesting that judges need more power to enforce constitutional rights.


2017 ◽  
Vol 38 (2) ◽  
pp. 99-108
Author(s):  
Maria Zmierczak

WACŁAW MAKOWSKI — A THEORIST AND PRACTITIONER OF POLISH AUTHORITARIANISM, PROTAGONIST OF TWO MONOGRAPHSThe article is an extensive discussion and comparison of books published by two authors in 2014, Grzegorz Ławnikowicz and Władysław T. Kulesza, devoted to the same figure from the inter-war period, Wacław Makowski. They present the political ideas of Makowski, a theorist of the state, who created a concept of social state, a state based on the solidarity principle, and, at the same time, was an opponent of liberal democracy based on the protection of human rights. Apart from bringing Makowski back from obscurity, the present author shows first of all how different two books on the same topic can be, a difference stemming from the research methodology applied, but probably also from the personality of the two authors. A rhetorical question remains whether the fact that two scholars explore the same topic for quite a while reflects well on communication between research centres in Poland.


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