scholarly journals Universalism of Human Rights: Notion of Global Consensus or Regional Idea

2021 ◽  
Vol 46 (3) ◽  
pp. 165-176
Author(s):  
Krzysztof Orzeszyna
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Being ◽  
Legal Systems ◽  
Important Thing ◽  
Global Consensus ◽  
Legal Obligations ◽  
Regional System ◽  
Universal Nature ◽  
Full Protection

This article deals with the universal nature of human rights recognised by all civilisations and legal systems. The important thing is that the actions of the state are consistent with the content of these rights is justified by the fact that they protect the dignity of every human being and enable cooperation between people. Universal treaties impose the same international legal obligations in the field of human rights on as many states as possible. Regional treaties perform this function in relation to a group of states. It seems, however, that for the full protection of an individual’s rights, the ideas of universalism and regionalism of human rights need to complement each other. No regional system can exist if it is inconsistent with the norms and principles of the Universal Declaration of Human Rights.

Basic Income as a Human Right?

2019 ◽  
pp. 541-552
Author(s):  
Daniel J. Hemel
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
The State ◽  
Human Being ◽  
Basic Income ◽  
Human Right ◽  
Global Commons ◽  
The Public ◽  
The Individual ◽  
The Relationship

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.

scholarly journals Problem of Statelessness in Nepal

NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Universal Principle ◽  
Legal Obligations ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

Comparing the incomparable and legal discourse

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 5-14
Author(s):  
Augusto Ponzio
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Personal Responsibility ◽  
Legal Discourse ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Absolute Difference ◽  
Human Being ◽  
The Law

AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is what is hidden, unsaid, implied in legal discourse. But recourse to comparison among that which cannot be compared, among that which is incomparable is justified by love of justice for the other. It is this justification that confers a sense to law, which is always dura lex, and to the statement that citizens are equal before the law. From this point of view, State justice is always imperfect with respect to human rights understood as the rights of the other, of every other in his absolute difference, in his incomparable otherness.

scholarly journals Torture as a ground for inadmissibility of evidence

2021 ◽  
pp. 28-31
Author(s):  
Maryna HRYTSENKO
Keyword(s):  
Human Rights ◽  
Third Parties ◽  
The State ◽  
Evidence Based ◽  
Legal Systems ◽  
Criminal Proceedings ◽  
National Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The European Court of Human Rights, which focuses on the Convention for the Protection of Human Rights and Fundamental Freedoms, points to the importance of the prohibition of torture. The Court has formed its position based on the importance of Article 3 of the Convention and, consequently, the inadmissibility of the evidence obtained in violation of that article by the prosecution. This paper analyzes the practice of the European Court of Human Rights on the implementation of evidence-based activities in national legal systems, and in particular examines the requirements of the Court on the admissibility of evidence-based exercise and activity obtained in the course of work results. The paper demonstrates the ECHR's practice on the issue of torture in obtaining evidence and the consequences of using such a «method», its significance for the practice of national courts and the modernization of the position of courts in relation to the dynamics of this issue. As a result, problematic areas of Ukrainian legislation and justice were identified. The reasons for the use of torture by the authorities and the safeguards introduced by Ukraine to combat the use of such inhuman treatment by the authorities were identified. Changes in the opinion of the European Court of Human Rights on this issue and its significance for Ukraine are analyzed. The possibilities of application of the ECHR for evaluation of admissibility of evidence in criminal proceedings in Ukraine are examined. The patterns characterizing the legal positions of the ECHR in assessing the admissibility of evidence are discovered and singled out. Ukraine should take into account that the responsibilities of the state, in addition to refraining from the use of torture to obtain evidence, include the protection of people from these encroachments by third parties.

scholarly journals Dopuszczalność opodatkowania odszkodowania uzyskanego od Skarbu Państwa w świetle standardów ochronnych Europejskiej konwencji praw człowieka

2019 ◽  
Vol 115 ◽  
pp. 19-39
Author(s):  
Aleksander Cieśliński
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Legal Obligations ◽  
European Court ◽  
Margin Of Appreciation ◽  
Commercial Company ◽  
Full Compensation ◽  
Business Entities ◽  
Principle Of Proportionality

ADMISSIBILITY OF TAXATION OF THE COMPENSATION RECEIVED FROM THE STATE TREASURY IN THE LIGHT OF PROTECTIVE STANDARDS OF THE EUROPEAN CONVENTION ON HUMAN RIGHTSThe purpose of this paper is to analyze the legal admissibility of taxing the compensation received by a commercial company from the State Treasury which is responsible for the damage suffered by the company. Such damage may be caused by State officials in the performance of their duties, including the tax authorities. It seems completely obvious that the victim should expect full compensation. Unfortunately, such sums are classified by the Polish tax law as any other income received by the tax payer and no exception is provided, which results in an actual reduction of its value.However, it may raise serious doubts if one takes into account legal obligations under the European Convention on Human Rights and the well developed case law of the European Court of Human Rights. Even though the Convention is usually not considered to be a legal act that could protect commercial interests of business entities, one should not forget about its very important Article 1 of Protocol 1, providing protection of property also for legal persons. In this particular case, it is not the amount of tax collected that should be seen as the property that has been taken away, as under this provision domestic authorities are entitled to enforce such laws as they deem necessary to control the use of property to secure the payment of taxes. What makes it so special is this context of compensation and that is why an evaluation of the interpretation of the term “possessions” and the appropriate understanding of the essence of the taxpayer’s right is one the major topics of this paper. The biggest challenge, however, is related to the margin of appreciation left to the Contracting Parties as to the measures that might be undertaken for the sake of the abovementioned purpose, especially seeing as in the area of taxation the Court seems to be particularly tolerant. Therefore, special emphasis is put on the principle of proportionality and its meaning for the analyzed case.

Penerapan Hukum Progresif dalam Penyelesaian Konflik Agraria

2020 ◽  
Vol 3 (2) ◽  
pp. 33-43
Author(s):  
Setiyo Utomo
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
The State ◽  
Comparative Approach ◽  
Human Being ◽  
Environmental Aspects ◽  
Comparative Analyses ◽  
The People ◽  
The Law

This article aims  to analyse ongoing agrarian conflicts by providing recommendations in a progressive legal paradigm approach so that people's rights can be protected. This study uses a normative juridical approach by conducting several comparative analyses of the case approach and the comparative approach of various unresolved agrarian disputes. The main finding of this research is the explosion of increasingly widespread agrarian conflicts until unresolved agrarian conflicts. Settlement of agrarian conflict disputes can be resolved if the law works as its purposes. Hence, the main point of understanding the resolution of agrarian conflicts is people awareness toward access or land ownership of as the fundamental right of every human being, which the State must fulfil according to the mandate of the constitution. The application of progressive law is expected to help resolving agrarian conflicts that prioritize human rights by considering environmental aspects to improve the people welfare through land ownership.

scholarly journals ALTERNATIF PENJATUHAN HUKUMAN MATI DI INDONESIA DILIHAT DARI PERSPEKTIF HAM (Alternative of Death Penalty of Human Rights Perspective, In Indonesia)

Jurnal HAM ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 69
Author(s):  
Bungasan Hutapea
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Secondary Data ◽  
The State ◽  
Human Right ◽  
Important Thing ◽  
Justice Process ◽  
Criminal Justice Process

Penjatuhan pidana mati merupakan bagian terpenting dari proses peradilan pidana. Penerapan pidana mati oleh Negara melalui putusan pengadilan, berarti Negara mengambil hak hidup terpidana yang merupakan hak asasi manusia yang sifatnya tidak dapat dibatasi (non derogable). Oleh karena itu penerapannya harus memperhatikan Hak Asasi Manusia terpidana. Tujuan penelitian ini adalah untuk mengetahui penjatuhan hukuman mati bagi pelaku kejahatan, bertentangan dengan atau tidak dengan hak asasi manusia dan kriteria penjatuhan pidana mati bagi pelaku kejahatan yang tidak bertentangan dengan hak asasi manusia. Metode yang digunakan adalah pendekatan yuridis normatif dengan menggunakan data sekunder. Dapat disimpulkan bahwa penjatuhan pidana mati bertentangan dengan Hak Asasi Manusia dan penetapan dapat dibenarkan dengan alasan membela hak asasi manusia dan hanya pada kejahatan yang bersifat melampaui batas kemanusiaan.AbstractThe death penalty is an important thing in the criminal justice process. Its practice by the state with a verdict, that means state takes a life right of convict which is a nonderogable right. Therefore, its practice must pay attention to their human right. The purpose of this research is to know death penalty of the offenders and its criteria against to the human right or not. This method of this research is normative juridical with secondary data. It concludes that death penalty against to human right and its stipulation can be justifiable by reasoning to defend the human right and merely on crime tend to beyond humanity.

Why and How Human Rights

1982 ◽  
Vol 10 (6) ◽  
pp. 308-319 ◽  
Author(s):  
S. Prakash Sinha
Keyword(s):  
Human Rights ◽  
The State ◽  
Present Approach ◽  
Human Being ◽  
Philosophical Foundation ◽  
Human Beings ◽  
Pragmatic Approach ◽  
History Of

The existing state of human beings, to which the present international movement for human rights addresses itself, is no reason for applause for the success of that movement. It is true that there are several reasons for the lack of success and not all blame is to be borne by the deficiencies in the present approach. True also is the fact that the struggle for protection of the human being from excesses of the state or powerful elements within society is a continuing saga of organized society with only the promise that the struggle and its causes have more of an enduring existence than the various efforts for seeking protection for the human being attempted in the history of mankind, of which human-rights is one instance. However, to the extent it is legitimate to explore if improvements in the present approach are possible, one might well be permitted to raise anew questions about the philosophical foundation for human rights and the pragmatic approach to their achievement.

scholarly journals Diversity of legal systems in a totalitarian and democratic society

2020 ◽  
pp. 71-74
Author(s):  
Volodymyr Tartasiuk
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
The State ◽  
Political Organization ◽  
Scientific Concept ◽  
Legal Systems ◽  
Negative Freedom ◽  
Totalitarian Regime ◽  
Functional Specification ◽  
General Terms

The article presents an analysis of the diversity of democratic and totalitarian systems, proposes the following legal criteria fordelineation: different interpretation and realization of human rights, the presence of negative freedom, revisionist attitude to the institutionof citizenship, the predominance of criminal law over civil and administrative, as well as the low functional specification of thejustice system in totalitarian states.The diversity of legal systems in totalitarian and democratic societies is manifested through the fundamental difference betweenthese types of regimes.While, in general terms, democracy is a form of political organization of society based on the recognition of ci -tizens as the main source of power with the ability to influence political decision-making, at least through participation in periodic elections,the fate of the scientific concept of totalitarianism in the humanities is shorter.It is important to draw a certain distinction not only between democracy and totalitarianism, but also to emphasize the latter’snon-identity to authoritarian rule. In authoritarianism, there is also a usurpation of power, which may have the character of sole tyranny,the fusion and control of its branches, the restriction of human rights and the like. Despotism and tyranny provide for equal conditionsfor subjects, but for totalitarian rule such equalization was not sufficient since it did not affect non-political public relations betweensubjects. At the same time, totalitarian regimes lead to the destruction of such ties, atomizing society and leveling any formal or informalassociations other than those authorized and merged with the total state.Totalitarianism and democracy are systems based on values and ideologies (at least at the time of their formation and legitimization)and also require individual activity from members of society to support the political system for the sake of their sustainable existence.For political regimes, the nature of the relationship of law to State can be described as a partial – authoritarian regime, or a continuous– democratic regime, one of the conditions of which is the rule of law over the State and the determination of the orientationof the State and its methods of implementation by law. Under a totalitarian regime, law becomes only an instrument of the State toimpose its will on society and man.

scholarly journals Bahasa Indonesia Development Efforts in The Education Environment As A Character Establishment in Millennial Era

2019 ◽  
Vol 3 (1) ◽  
pp. 93-101
Author(s):  
Romi Isnanda ◽  
Mia Setiawati
Keyword(s):  
Millennial Generation ◽  
The State ◽  
Quality Education ◽  
Human Being ◽  
Or Education ◽  
Important Thing ◽  
Education Environment ◽  
The World ◽  
Bahasa Indonesia ◽  
Individual Human

This article discusses the challenges of developing bahasa Indonesia in the education environment as millennial generation character formation. Education is an official institution that is under the auspices of the state. In fact, education is a very important thing that must be owned by every individual human being. Education is expected to be able to educate the nation's children. This can be seen from the position or education stated in Undang-Undang Nomor 2 Tahun 2003 about the same right to obtain quality education for every citizen. In the world of education, the ability that must be fulfilled by everyone who needs abilities that can help anyone who easily communicates with the good. But when it did not work properly, it was seen in the world of education in the millennial era that it still lacked raw and correct language, so that Indonesian was always distorted by its narrative. This makes Indonesian language look less authoritative and irregular. Therefore, the need to maintain the use of bahasa Indonesia is for keeping such characters, which arev(1) not afraid of misreading, (2) not afraid of making mistakes in pronunciation, (3) not afraid of making mistakes, and (4) eliminating self-mistrust.

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