scholarly journals “New Human Rights” and the Ban on Sexual Intercourse between Relatives. Legal Contemplation

2020 ◽  
pp. 57-71
Author(s):  
Lucjan Świto
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Human Sexuality ◽  
Sexual Rights ◽  
The Public ◽  
Modern Times ◽  
Precise Meaning ◽  
Sexual Contacts ◽  
The Public Sphere ◽  
Reproductive And Sexual Rights

The classic conception of human rights, expressed in the Universal Declaration of Human Rights signed in Paris on December 10, 1948, has been receiving attempts at reinterpretation in the recent 50 years. The appearance of the concept of “new human rights” in the public sphere serves as an example here. However, the scope of the term “new rights” and the precise meaning of “reproductive and sexual rights” are not entirely known. The change in perception of human sexuality, the affirmation of sexual liberation, and the acceptance of violating social taboo in the name of the “new human rights” invites reflection on how the concept of sexual rights relates to the ban on sexual contacts between relatives. Does a ban on incest lose its rationale in modern times, and does the penalisation of such acts constitute merely anachronistic oppression? Are the currently enforced normative solutions clear and free of questions and controversy in this matter? Lastly, one is compelled to inquire whether sexual contacts between relatives are perhaps already among the “new human rights.” The present article endeavours to answer these questions.

scholarly journals SIGNIFIKANSI DAKWAH INKLUSIF NURCHOLISH MADJID BAGI MASYARAKAT INDONESIA

2016 ◽  
Vol 7 (1) ◽  
pp. 41-66
Author(s):  
Zaprulkhan Zaprulkhan
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Social Ethics ◽  
The Public ◽  
Religious Truth ◽  
Truth Claims ◽  
Race Ethnicity ◽  
Religious Disagreement ◽  
The Public Sphere ◽  
Islamic Values

Articulation of religion in the public sphere of Indonesia is still much to be exclusive and puritan, unilateral in monopolizing the truth claims of religious truth, and intolerance towards various religious disagreement. Whereas in the context of a pluralistic Indonesian nation, whether of race, ethnicity, culture, class, and religion, religious messages should be delivered by inclusive proselytizing. Anyone who would articulate religious discourses in the public sphere of Indonesia, should ideally be through inclusive proselytizing. In the context of inclusive proselytizing, Islamic values such as justice (al-'adl), human rights, freedom (Hurriyah), democracy (Shura), universal benevolence (Khoir), egalitarian (Musawah), tolerance (tasamuh), balance ( tawazun), social ethics (morals), universal humanity (an-nas), as well as peace and safety contained in the doctrine of principle Islam but those are inclusive. Inclusive priciples could embrace all people regardless of race, culture, race, class, and even religion. This article is going to discuss the significance of Nurcholish Madjid‟s inclusive proselytizing for pluralistic Indonesian society.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

scholarly journals Evangelicals at the Inter-American Court of Human Rights

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 360-364
Author(s):  
Rene Urueña
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Public Sphere ◽  
Religious Movements ◽  
Equal Rights ◽  
Same Sex ◽  
Top Down ◽  
The Public ◽  
The World ◽  
The Public Sphere

Christian Evangelicals are a growing political force in Latin America. Most recently, they have engaged the Inter-American Court of Human Rights to challenge basic LGBTI achievements, such as same-sex marriage and other demands for equal rights. Several commentators thus speak of an imminent showdown between human rights protections and Christian Evangelism in the region, which would mirror similar conflicts elsewhere in the world. This essay challenges this narrative and warns against a top-down “secular fundamentalism,” which may alienate a significant part of the region's population and create deep resentment against the Court. As it turns forty, the Court faces a “spiritual” crisis: conservative religious movements have become one of its key interlocutors, with demands and expectations that compete with (but could also complement) those of other regional social movements. Difficult as it may be, the Court needs to be bold in creating argumentative spaces that allow for the Evangelical experience to exist in the public sphere in Latin America, in a context of respect for human rights in general, and for LGBTI rights in particular.

Feminist reconstructions of universalism and the discourse of human rights

2009 ◽  
Vol 5 (1) ◽  
pp. 87-92 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Social Theory ◽  
Critical Review ◽  
The Public ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
Universal Principles ◽  
The Public Sphere

In recent years, universal principles and, in turn, the universalistic discourse of human rights, have fallen under critical review by feminist scholars. This is part of a more general suspicion of a search for universalism and abstraction in law: feminist legal scholars have highlighted and critiqued the gendered dimension of such an approach.1Particular concepts fundamental to political, legal and social theory such as justice,2equality,3freedom4and rights5have been under the spotlight to see if their structure leads to detrimental consequences for women. Criticisms of rights have taken a variety of forms with rights being seen as too individualistic, reinforcing existing power imbalances, failing to account for women’s experiences and focusing too much on the public sphere.

Response to Deborah Gould's Review ofQueering the Public Sphere in Mexico and Brazil: Sexual Rights Movements in Emerging Democracies

2011 ◽  
Vol 9 (2) ◽  
pp. 401-402
Author(s):  
Rafael de la Dehesa
Keyword(s):  
Social Movements ◽  
Public Sphere ◽  
Sexual Rights ◽  
Conceptual Tool ◽  
Emerging Democracies ◽  
The Public ◽  
Lgbt Activism ◽  
The Public Sphere

As I wrote in my review, Deborah Gould offers us a valuable conceptual tool kit in Moving Politics with which to explore the role of affect and emotion in social movements. In her review of my book, she invites me to address these dimensions in my own account of lesbian, gay, bisexual, transgender (LGBT) activism in Brazil and Mexico.

scholarly journals Dakwah Mengenai Hak Asasi Manusia (HAM) Di Indonesia Dalam Konsep Maslahah Mursalah

2020 ◽  
Vol 6 (2) ◽  
pp. 176
Author(s):  
Rojabi Azhargany
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Good Governance ◽  
Democratic Governance ◽  
The Public ◽  
Basic Rights ◽  
The Public Sphere ◽  
Basic Ideas ◽  
Islamic Values

Da'wah regarding Islamic values needs to be done in the community. Including, preaching about the Islamic values contained in the views that are being discussed in the public sphere, including about Human Rights (HAM). Democratic governance requires the existence of good governance, human rights and democracy. Obtaining the standards of democratic governance is needed  by  Indonesia to be internationally  accepted.  Nonetheless, Indonesia's record on human rights  leads to the understanding  that  this country has to pay highly attention  on human rights. Five basic rights in maqashid sharia (kulliyatul khoms) as important basic ideas to be elaborated into values ​​that are included in the effort to realize good governance. Keywords:  Da’wah, good  governance, human  rights, kulliyatul khoms

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