scholarly journals Interview: Nuno Ferreira

2021 ◽  
Author(s):  
Nuno Ferreira

The idea of European values has never played a central role in my research. Being a socio-legal scholar focused on human rights issues in the European context, I have always referred more specifically to particular legal rights, especially in relation to children’s rights, refugee rights and various aspects of the right to equality. Yet rights are inextricably linked to values: European societies like to see themselves as cherishing a catalogue of human rights that is central to their identity and every European country has some sort of bill of rights or text of a constitutional nature that contains various fundamental rights. In that sense, my work is also about values: the value of human dignity, of religious freedom, of equality, and so on.I would have immense difficulties defining European values. I suspect one would get as many different answers as different people asked this question. I would like to think that amongst such European values we can include democracy, equality, human dignity, and so on. But that does not mean these values are only, mainly or particularly European in any sense, as many countries and societies around the world also cherish and share such values. There is nothing intrinsically European about these values, and even history can show this, despite pervasive narratives that try to convince us otherwise. Instead, what matters is that these are values that we espouse and protect.European values inevitably have a personal value – in my particular case for several particular reasons. Having been born and grown up in Portugal, where democracy was only re-conquered in the 1970s and slowly solidified in the 1980s, cherishing the right to vote and freedom of speech was always crucial in my mind. And being gay has meant that I was always acutely aware of the importance of equality and the fight against discrimination, not only on grounds of sexual orientation, but on grounds of all other personal characteristics. Moreover, having had the privilege of taking part in several student exchange programmes and being yet another member of the ‘Erasmus generation’, I value immensely the right to education, the right to free movement, intercultural communication and respect for minorities. Despite the limits of cultural relativism and the need to hold on to human rights standards, we need to strive for much better knowledge and understanding of cultural differences.

Author(s):  
Melanie Studer ◽  
Kurt Pärli

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.


Author(s):  
Abdullah Haqyar

The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.


Author(s):  
LWH Ackermann

Human dignity has been the marrow of our Constitution and our constitutional state since 1994.  The inherent dignity of man is also a key principle of the Universal Declaration of Human Rights of 1948. The Kantian categorical imperatives continue to provide guidance regarding the meaning of human dignity. At the very least, people are entitled to be regarded as moral subjects and not as objects: as subjects with absolute and inherent worth and therefore also as moral subjects of equal worth. The juridical core of the pathology of apartheid was the extensive and sustained attempt to deprive the majority of South Africans of the right to self-identification and self-determination. It amounted to an inversion of the Kantian imperatives. A reversal of this inversion has been attempted over the past ten years.  The Constitution not only elevates human dignity to a specially entrenched value, but also affords it special protection in the context of fundamental rights.  It is furthermore a specific consideration in the limitation of rights and in the development of the common law. It applies not only to the state/subject relationship, but also to "horizontal" relationships and it must be taken into account in the interpretation of the Constitution. Constitutional jurisprudence has established that the Constitution is more than a formal document, but that it also represents an objective, normative value system.  Thus the foundational norm of human dignity radiates into all areas of the law.  The role of human dignity in the interpretation and application of norms applicable to remedial or restitutionary equality, as well as in the achievement of constitutional equilibrium in the "horizontal" operation of the Bill of Rights, has also been established. The realization of human dignity is but in its initial stages: civil society, including educational institutions, are called upon to make their contribution to the process.


2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,


2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  


Author(s):  
Natsu Taylor Saito

International law has evolved to acknowledge fundamental rights essential to the deconstruction of racial hierarchy and the dismantling of colonial relations. These include the protection of human dignity, the recognition of Indigenous rights, the right to be free from racial discrimination and xenophobia, and recognition of the prohibition on genocide as a preemptory norm. In each of these areas it recognizes more substantive rights and provides a broader range of remedial options than are available under US law.


Author(s):  
Suzanne Cahill

Based on the UN Convention, (CRPD, 2006), the purpose of this chapter is to review some fundamental rights we all enjoy, yet for a variety of reasons may be threatened or violated in people living with dementia in long term residential care. Drawing on the relevant literature, the chapter will also tease out some of the discrepancies between human rights standards as articulated in the UN Convention (CRPD, 2006) and the reality of everyday life experienced by people with dementia living in long term care. A third aim of the chapter is to analyze the extent to which access to these rights are embedded and articulated in policy documents including national dementia strategies. The core human rights topics which will be discussed include Article 15 (the right to freedom from torture or cruel inhuman or degrading treatment or punishment), Article 22 (the right to respect for privacy), Article 9 (the right to access especially to the physical environment) and Article 30 (the right to participate in cultural life, recreation and leisure).


KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 329
Author(s):  
Gina Marcilio Pompeu ◽  
Rosa Julia Plá Coelho

Resumo: Este artigo versa sobre os aspectos mais relevantes da regulação do direito fundamental de expressão e de informação e de sua colisão com outros direitos, no plano jurídico internacional e brasileiro. O estudo compila julgados dos Tribunais Internacionais e outros órgãos responsáveis pelo monitoramento de tratados de Direitos Humanos, com o escopo de apontar formas de solução para os conflitos de bens hoje existentes. Igualmente, discute a previsão e o tratamento dado à tais direitos no ordenamento constitucional brasileiro. Finalmente, analisa um hard case julgado pelo Supremo Tribunal Federal - caso Siegfried Ellwanger -, no qual a colisão entre os direitos protegidos se evidenciou, apontando a solução para o choque entre o direito de livre expressão e a dignidade humana. Palavras-chaves: Colisão de direitos fundamentais. Direitos humanos. Liberdade de expressão. Liberdade de informação. Igualdade. Dignidade humana. Abstract: This article deals with the most relevant aspects of the fundamental right of speech and of information and its collision with other rights, in the international and Brazilian juridical spheres. The study carried out in its context compiles rulings of the international tribunals and other bodies responsible for the monitoring of human rights treaties, with the purpose of pointing out ways of solving the conflicts of goods that exist today. It also discusses the prediction and treatment of such rights in the Brazilian constitutional order. Finally, it analyzes a hard case judged by the Supreme Federal Court (STF) (Siegfried Ellwanger’s case), in which the collision between the rights protected was evident, pointing out the solution to the clash between the right of free expression and human dignity. Keywords: Collision between fundamental rights. Equality. Freedom of expression. Freedom of information. Human dignity. Human Rights.


Author(s):  
Daisy Rafaela da Silva ◽  
Grasiele Augusta Ferreira Nascimento

O presente estudo apresenta como o sistema preventivo de Dom Bosco, desenvolvido na Itália em meados do século XIX, antecedeu ao reconhecimento jurídico internacional da promoção e proteção dos direitos fundamentais de crianças e adolescentes. Dom Bosco foi um defensor da dignidade humana, e da concretização dos Direitos Humanos, sem que estes estivessem cunhados no ordenamento jurídico internacional. Com o sistema preventivo, o qual apresenta, como um de seus fundamentos, o formar “bons cristãos e honestos cidadãos”, há toda uma perspectiva de promoção e proteção dos direitos de crianças e adolescentes; que não eram reconhecidos, à época, como sujeitos de Direito. Trata da problemática que envolve a discriminação e a dignidade da pessoa humana no plano da ciência do Direito, e como a pedagogia salesiana contribui para a sua proteção e a efetivação dos Direitos Humanos. Fruto de pesquisa desenvolvida junto ao programa de Mestrado em Direito do Centro UNISAL, unidade de Lorena, cuja linha de pesquisa envolve os direitos sociais das crianças e adolescentes, utilizou-se fundamentalmente como método a integração das teorias jurídicas e aquelas da educação salesiana. Este artigo desenvolveu-se considerando-se ser Dom Bosco o precursor da defesa dos direitos humanos de crianças e jovens. Com base na pedagogia do amor apresentou a prevenção como mecanismo na promoção e proteção às discriminações e ao prestígio da igualdade e à promoção da dignidade. A pedagogia salesiana reconhece cada pessoa, sendo que reconhecer é proteger, a partir de um caminho que se faz para a concretização dos demais direitos. Conclui-se que, nas concepções e nas obras salesianas, observa-se a promoção dos direitos humanos fundamentais como o direito à educação, à cultura, ao esporte e ao lazer.AbstractThe Preventive System of Don Bosco: the promotion and protection of fundamental rights of children and adolescentsThe present study shows as Don Bosco’s preventive system of Education, developed in Italy in the mid nineteenth century, is prior to the international legal recognition of the promotion and protection of fundamental rights of children and adolescents. Don Bosco was a defender of human dignity, and the achievement of human rights, without which these were minted in the international legal order. With the preventive system, which has as one of its foundations forming the "good Christians and honest citizens", there is a whole perspective of promoting and protecting the rights of children and adolescents who were not recognized at the time as subjects of law. This study presents the issues involving discrimination and human dignity in terms of the science of law, and how the Salesian pedagogy contributes to their protection and realization of human rights. The paper results of research carried out at the Master's program in Law, at UNISAL, Lorena, whose line of research involves social rights of children and adolescents. As research method was used primarily the integrating between legal theories and those of Salesian education. This article was developed considering Don Bosco to be the precursor of human rights of children and youth. Based on the pedagogy of love, presented as a prevention mechanism to protect from discrimination and to promote and to respect equality principles and the promotion of dignity. The Salesian pedagogy recognizes each person, meaning recognizing as protecting, from a path that is the starting for the realization of other rights. We conclude that, in the conceptions and according to Salesian works, there is the promotion of fundamental human rights such as the right to education, culture, sport and leisure.ResumenEl Sistema Preventivo de Don Bosco: la promoción y protección de los derechos fundamentales de los niños y adolescentesEl presente estudio muestra cómo el sistema preventivo de Don Bosco, desarrollado en Italia a mediados del siglo XIX, antes del reconocimiento legal internacional de la promoción y protección de los derechos fundamentales de los niños y adolescentes. Don Bosco fue un defensor de la dignidad humana, y la realización de los derechos humanos, en que éstas aun non están acuñadas en el orden jurídico internacional. Con el sistema de prevención, que tiene como uno de sus fundamentos la formación de los "buenos cristianos y honrados ciudadanos", hay toda una perspectiva de promoción y protección de los derechos de los niños y adolescentes, que no fueron reconocidos en la época como sujetos de la ley. Este estudio presenta los temas relacionados con la discriminación y la dignidad humana en términos de la ciencia del derecho, y cómo la pedagogía salesiana contribuye a su protección y realización de los derechos humanos. El estudio és resultado de la investigación llevada a cabo en el programa de Maestría en Derecho, UNISAL, Lorena, cuya línea de investigación envuelve los derechos sociales de los niños y adolescentes. Como método de investigación fue utilizada principalmente la integración de las teorías legales y aquellas de la educación salesiana. Este artículo fue desarrollado considerando que Don Bosco es el precursor de los derechos humanos de los niños y jóvenes. Sobre la base de la pedagogía del amor, que se presenta como un mecanismo de prevención para proteger de la discriminación y promover el prestigio de la igualdad y la promoción de la dignidad. La pedagogía salesiana reconoce a cada persona, sendo que reconocer é proteger, a partir de un camino que se hace para la realización de otros derechos. Llegamos a la conclusión de que, en las concepciones y obras Salesiana, está la promoción de los derechos humanos fundamentales, como el derecho a la educación, la cultura, el deporte y el ocio.Revisor do inglês: Prof. Tadeu GiattiRevisor do espanhol: Prof. Lilian de Souza


2021 ◽  
pp. 24-27
Author(s):  
Khrystyna YAMELSKA

The paper is concerned with the role of key international human rights standards and soft law instruments of the Council of Europe in the preventing ill-treatment of persons deprived of their liberty in the context of the human centrist approach. The paper determine the purpose of the formation of human-centric legal ideology in Ukraine, which is the creation of a mechanism of effective restriction of public power in the interests of protecting the fundamental rights. The paper is dedicated to the doctrine of human-centric legal ideology in Ukraine and its human dignity key element. Considering the fact that the process of forming a democratic human-centric legal ideology in Ukraine is still not complete, the paper highlights the cases of mass violations of fundamental human rights by law enforcement agencies, where a special problem is the illegal practice of law enforcement agencies against human dignity. One of its case is the ill-treatment and use of torture against persons deprived of their liberty. The paper highlights the ways to protect the right to dignity through the prism of legislative activity of government bodies and advocacy of civil society institutions. The Article 28 of the Constitution of Ukraine, which establishes the right to respect for human dignity as one of the key values of the Ukrainian legal system, is revealed. The category of dignity is revealed through the prism of Articles 5 of the Universal Declaration of Human Rights of December 10, 1948, Articles 7 and 10 of the International Covenant on Civil and Political Rights of December 16, 1966 and Article 3 of the European Convention on Human Rights of November 4, 1950. Judgments of the European Court of Human Rights, acts of the European Committee against Torture.


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