scholarly journals Classification of human rights category: analysis of existing and new approaches

Author(s):  
L. M. Serdyuk
Keyword(s):  
2020 ◽  
Vol 19 (12) ◽  
pp. 2358-2371
Author(s):  
S.A. Moskal'onov

Subject. The article addresses the history of development and provides the criticism of existing criteria for aggregate social welfare (on the simple exchange economy (the Edgeworth box) case). Objectives. The purpose is to develop a unique classification of criteria to assess the aggregate social welfare. Methods. The study draws on methods of logical and mathematical analysis. Results. The paper considers strong, strict and weak versions of the Pareto, Kaldor, Hicks, Scitovsky, and Samuelson criteria, introduces the notion of equivalence and constructs orderings by Pareto, Kaldor, Hicks, Scitovsky, and Samuelson. The Pareto and Samuelson's criteria are transitive, however, not complete. The Kaldor, Hicks, Scitovsky citeria are not transitive in the general case. Conclusions. The lack of an ideal social welfare criterion is the consequence of the Arrow’s Impossibility Theorem, and of the group of impossibility theorems in economics. It is necessary to develop new approaches to the assessment of aggregate welfare.


2018 ◽  
Vol 30 (1) ◽  
pp. 44-63 ◽  
Author(s):  
Marcela Ruiz ◽  
Oriana Bernasconi

This study analyzes socio-discursive categories used to define and classify the political violence exerted in Chilean human rights reports (1974–1978) to understand the emergence of the repertoire of repression and the construction of victimhood as a social recognition and communicative process in Latin America during the 1970s. These reports are addressed as a professional discursive genre produced by non-governmental organizations whose purpose is to denounce the violation of human rights in the context of political controversies as well as in the Chilean totalitarian context. The discursive genre is characterized by objectivity, the credibility of the information, the event-based approach, the use of statistics to establish the type and magnitude of the violation of human rights. The corpus analyzed consists of 44 reports belonging to human rights archives. The statistical section and comments were coded according to narrative categories (participants, action, cause, time and space). The results show the predominance of the legal perspective to classify the violation of human rights, the emergence of the category of enforced disappearance, the relationship with the socio-political context and the categories elaborated to identify patterns of violation of human rights.


Author(s):  
Yevhen Leheza ◽  
Tatiana Filipenko ◽  
Olha Sokolenko ◽  
Valerii Darahan ◽  
Oleksii Kucherenko

The article discusses some complex factors influencing the process of realization of human rights in Ukraine, highlights the unified approach to the classification of legal norms that exercise human rights and freedoms, as well as problems and development prospects. Now the real protection of human rights is one of the most acute problems of the Ukrainian reality. It serves as one of the most important tasks, not only for the functioning but also for the existence of the Ukrainian state. Therefore, it should be borne in mind that guaranteeing respect for human rights in Ukraine is only possible through effective reform of the power system and compliance with an integrated approach to guarantee human rights, both by the State and by society. civil. It is concluded that guaranteeing the general enjoyment and enjoyment of human rights is a matter of co-responsibilities, which is why it is also negatively affected by the rigid opposition of the political forces, which undermines the stability of society, the stability of the constitutional order. While increasing the low level of legal culture of officials and citizens.


2014 ◽  
Vol 16 (3) ◽  
pp. 333-370
Author(s):  
Marina Girshovich

Current doctrine assumes that the “Vienna regime” delinked objections from the criterion of object and purpose (op) compatibility of reservations. Shifting the focus from reservations to objections, this article finds implicit continuity between the Genocide Advisory Opinion and the Vienna regime: in both cases the op criterion enables a distinction between objections on the grounds of incompatibility of reservations (op objections) and all others. Embracing this distinction, a new theoretical interpretation of the Vienna regime safeguards against the adverse effects of objections, namely a “reinforced two-tier test” is suggested, whereby any reservation may be subject to an assessment of opposability (non-op objections) and a double assessment of permissibility. Adopting a functional approach, the article suggests a classification of international obligations based on the applicability of the Vienna regime’s various safeguard mechanisms, locating the roles of objections to reservations to human rights treaties in context.


Partner Abuse ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 80-93
Author(s):  
Doris Sommer ◽  
Josefa Ros Velasco ◽  
Marco Abarca

Alarm spreads among potential victims of domestic violence as cases multiply during the confinement required by COVID19, and authorities face the growing frustration of not knowing how to respond. The question of what to do begs the question of why the lockdown increases domestic violence. Loss of jobs, alcohol, and psychological stress are reasonable answers; but they are predictable and don't suggest new approaches for remedy. This essay considers an unsuspected if obvious trigger of violence at home. Boredom. It is a stressor that becomes intolerable as the pandemic lockdown continues. Since boredom is a volatile condition associated with the lack of engagement, and since boredom is resolved either creatively or violently, an evident program for primary prevention would be to provide disgruntled and potentially aggressive intimate partners with engaging activities. These activities address a responsibility of the State. When the State turns homes into places of involuntary confinement, it levies serious limitations on a range of human rights. Therefore, the State's obligation to address risks, including boredom, is a corollary to restricting freedom of movement. Perhaps the strategy to provide programs will face objections and skepticism. Why should potential perpetrators of violence be beneficiaries of pleasurable programs? And how can pleasure be a remedy when it carries a stigma of irresponsibility or sin? But a practical response to the spike in domestic violence will have to overcome this irrational stigma to become more strategic than moralizing (Sommer, 2014). We should address the spiral of aggression in ways that are effective, not reactive.


2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship


1980 ◽  
pp. 1-23
Author(s):  
Elaine S. Jaffe ◽  
Raul C. Braylan ◽  
Koji Nanba ◽  
Costan W. Berard

Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant

This chapter first discusses the historical development of tort law, covering the origins of tort law; the forms of action; the development of fault-based liability; eighteenth-century developments; the classification of obligations; and the modern pre-eminence of negligence. It then turns to theories of tort, covering the aims of the law of tort and doctrinal classifications. Finally, the chapter considers modern influences on tort law, covering the influence of insurance; the influence of human rights; and concerns about ‘compensation culture’.


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