scholarly journals The Universal Declaration of Human Rights from the Standpoint of Classic Philosophical Schools of International Law

2020 ◽  
Vol 1 (3) ◽  
pp. 84-101
Author(s):  
Ebrahim Yaghouti ◽  
Farid Beiranvand ◽  
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2018 ◽  
Vol 1 (1) ◽  
pp. 76-96
Author(s):  
Koesmoyo Ponco Aji

Since introduced with Universal Declaration at 1948 by United Nations Organization, human rights  has becoming a main instrument in international law and national laws. In Indonesia, regulations  concerning human rights has been legalized by Act Number 39 Year 1999. Study is needed to  explosure the extend of the rules of human rights that has determined in Indonesia Laws. This  journal analyze Indonesia Nationality Law based on universal instrument of human rights by  descriptive analysis research. Its found that Act Number 12 Year 2006 concerning Nationality of the  Republic of Indonesia has accommodate universal instrument of human rights.   


This chapter examines the relations between rhetoric and law across cultures, grounding the discussion in U.S. common law, Latin American Civil law, and Asian law. It also explores the writing of the Universal Declaration of Human Rights as a model of developing “international” or “universal” approaches to law and human rights. It concludes by discussing recent events of international law involving intellectual property and global communications.


2008 ◽  
Vol 10 (2) ◽  
pp. 149-185 ◽  
Author(s):  
Helen O'Nions

AbstractThis article critically examines the recent decision of the Grand Chamber of the EctHR in Saadi v UK 2008. The decision endorses short-term detention of asylum seekers on the basis of administrative convenience, specifically ruling out a requirement of necessity. The decision is examined in the light of international law on the detention of asylum seekers and the requirements of proportionality and lack of arbitrariness. It is anticipated that the use of routine detention will increase across Europe and that asylum seekers will be lumped together with other migrants in policies aimed at further restricting access to the European club. This presents a serious threat to the international right to seek and enjoy asylum provided in Article 14 of the Universal Declaration of Human Rights.


Author(s):  
Jorge Castellanos Claramunt

RESUMEN: El derecho a la participación política se encuentra en el artículo 21 de la Declaración Universal de Derechos Humanos como un derecho humano. Este derecho ha seguido un desarrollo a nivel internacional desde una perspectiva global, así como continental, por lo que se analiza su evolución en los últimos 70 años y el impacto que ha tenido dentro del desarrollo del Derecho Internacional de los Derechos Humanos. Por último se subraya el carácter fundamental del derecho a participar así como una proyección de su desarrollo en el futuro.ABSTRACT: The right to political participation is found in article 21 of the Universal Declaration of Human Rights as a human right. This right has followed an international development from a global as well as a continental perspective, so its evolution over the last 70 years and the impact it has had on the development of the International Law of Human Rights is analyzed. Finally, the fundamental character of the right to participate is stressed, as well as a projection of its.PALABRAS CLAVE: derechos humanos, participación política, democracia, ciudadanía, derechos.KEYWORDS: human rights, political participation, democracy, citizenship, rights.


2021 ◽  
pp. 161-190
Author(s):  
William A. Schabas

The right to equality and the prohibition of discrimination is normally formulated with respect to specific grounds. In the Charter of the United Nations, these are race, sex, language, and religion. The list was expanded in the Universal Declaration of Human Rights, where it was also prefaced by the words ‘such as’ thereby recognising that distinctions based upon unenumerated categories might also be encompassed. These might include age, disability, and sexual orientation, for example. International law also provides special protection for children. Related to non-discrimination is the distinct field of protection of minorities, which are identifiable on the basis of ethnicity, language, and religion, and of indigenous peoples.


2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.


Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma

This chapter focuses on the concept of asylum. The meaning of the word ‘asylum’ tends to be assumed by those who use it, but its content is rarely explained. The Universal Declaration of Human Rights refers to ‘asylum from persecution’, the UN General Assembly urges the grant of asylum and observance of the principle of asylum, and many States’ constitutions and laws offer the promise of asylum, yet nowhere is this act of States defined. A distinction may be made between the clear, discretionary, sovereign right of States to grant asylum without it being considered a hostile act, which other States are bound to respect; and the individual right to asylum, which thus far has only been explicitly recognized in some regional human rights instruments and national constitutions, but not in any treaty applying universally. While individuals may not be able to claim a right to be granted asylum, States have a duty under international law not to obstruct the individual’s right to seek asylum. This includes the obligation to provide access to an asylum procedure (refugee status determination), which necessarily calls into question the legality of non-arrival and non-admission policies increasingly employed by States as tools of migration control.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 102-108
Author(s):  
Giuseppe Cataldi

The debate on the existence of universal human rights is always alive and involves not only the international law regime but also the enforcement of national laws as well as the relationship between cultural diversity and protection of human rights. It is a fact that not all the principles on human rights included in the major conventions and international acts on human rights come under the same regime, and so the idea of a distinction between conditional human rights rules and absolute human rights rules is not alien to the international mechanism sal, and for this reason its affirmation depends on the degree of acceptance of its principles. This acceptance has so far been much wider than one could imagine. Although it originally represented the point of view mainly of Western countries, the Universal Declaration has been successful as it immediately sought to give precise content to the commitments solemnly made by State with the approval of the United Nations Charter.


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