Fundamental Rights of the Individual

1993 ◽  
Vol 10 (3) ◽  
pp. 340-366
Author(s):  
Mohammad H. Kamali
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Fundamental Rights ◽  
Literal Meaning ◽  
Precise Definition ◽  
Basic Rights ◽  
Selective Basis ◽  
Definition Of ◽  
The Individual

Despite the ubiquitous Occurrence of the word huqq in the works ofclassical jurists, a precise definition has never been articulated. Earlier religiousscholars have relied on its literal meaning, while modem scholarshave tried to provide a comprehensive definition. This essay looks intothe definition of haqq and ascertains, on a selective basis, some aspectsthat have engendered controversy and debate. It also discusses the tendencyin Islamic law to place greater emphasis on obligations than onrights. I have attempted to develop a perspective on this and have, in themeantime, ad&essed the suggestion by westem commentators that theShari'ah does not recognize rights, but only obligations.The answers given are partly the outcome of my reflections based onnearly a decade of intermittent research on basic rights and liberties in Islamiclaw. I have tried to advance an understanding of this basic and yetcomplex juridical issue and have related my analysis to the ongoing debateon the general subject of human rights. An adequate understandingof haqq in Islamic law quires looking into sseveral related themes, andmy attempt to do this has enabled me to identify the roots of what I regardto be a petsistent misunderstanding of Islamic law on this subject ...

scholarly journals The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine

2021 ◽  
pp. 109-119
Author(s):  
O.S. Shevchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Common Good ◽  
Social Insurance ◽  
The State ◽  
Fundamental Rights ◽  
Basic Law ◽  
The People ◽  
Definition Of ◽  
The Individual

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).

scholarly journals Freedom as a constitutional category

2017 ◽  
pp. 18-37
Author(s):  
DUBRAVKO LJUBIC
Keyword(s):  
Human Rights ◽  
State Government ◽  
Personal Characteristics ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Being ◽  
Living Together ◽  
Fundamental Freedoms ◽  
Definition Of ◽  
The Individual

The history of mankind is a continuous struggle for the affirmation of man as an individual with an inviolable fundamental rights sphere, as opposed to the collectivity or some higher power. From the earliest days one had to ask and to win their autonomy, and they had to prove that they are beings with human dignity that deserve their physical and ethical individuality. The idea of the existence of the fundamental rights sphere is a legacy of the struggle against absolutism, and to respect the physical and mental integrity of every person and the protection of property rights. Fundamental rights in their implementation defend anyone to interfere with the protected sphere of the dignity of every human being. Their upgrade is formed by freedoms which authorize individuals to express their preferences and interests outside the existential sphere. Therefore, human rights and freedoms allow the individual not only to be a loyal citizen, but affect their environment and social organization, and thus affect the process of expanding personal freedoms. With constitutional affirmation of human rights and fundamental freedoms, a need emerged to define the content of these terms. In the literature, one can find a set of definitions that are more or less extensively trying to cover their ambiguity2. It is my opinion that in an attempt at defining the concepts of “human rights” and “fundamental freedoms” it is appropriate to start from the indications of their legal origin. The development of democratic societies to the current civilization level has enabled the codification of the fundamental rights sphere at the national and international level. The catalog of fundamental human rights and freedoms in principle is an integral part of the highest legal act of a country3, and sometimes constitutions point to the recognition of human rights and freedoms determined by international legal acts4. In attempting to define the observed concepts it seems justified to stress that fundamental human rights and freedoms belong to every individual, regardless of his personal characteristics and status and that those rights and freedoms affirm the individual as a human and social being. It is also necessary to point out that the declaration of fundamental human rights and freedoms in the highest legal acts of some social community commits the state government to refrain from interfering in the protected sphere. In conclusion, when defining the analyzed content it is necessary to note that human rights and freedoms in principle are not absolute categories. These are constitutional activities to be limited following the existence of the rights of another individual of the same content, or the rights of others, arising from the fact of living together. Following these settings the definition of content of concepts of “constitutional law” and “constitutional freedoms” would have its common and special part. Common components of those institutes are contained in the fact that this is the highest legal act of a society or by this act defined norm of international law, established inviolable autonomous sphere of each member of society, which enables them recognition as human and social beings and that they enjoy regardless of their status and other personal characteristics, protected from encroachment by any governmental body. In doing so, the concept of “constitutional rights” should be more linked to the protected goods that are immanent to a person as a human being and granted to them but by the very fact of existence. By contrast, constitutional freedoms would include a protected sphere of the individual in social contacts. Constitutional freedoms would be an institutionally protected sphere of the individual, as a result of his life in the community, which gives them a choice in social positioning and which can only be restricted by rights of another individual of the same content, or the rights of other people arising from the fact that they are living together.

scholarly journals Africa: Risk, Security and Mapping of Human Rights Violations

2018 ◽  
Vol 1 (1) ◽  
pp. 104-127
Author(s):  
Nicoletta Varani ◽  
Enrico Bernardini
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Human Security ◽  
Migration Policy ◽  
Fundamental Rights ◽  
Sub Saharan Africa ◽  
Human Rights Violations ◽  
Human Needs ◽  
The Individual

Abstract Planetary interdependence makes the task of states and international organizations to guarantee security inside and outside national borders ever more urgent. The tendency is to widen the space from national to international and to conceive of security as multidimensional for the satisfaction of human needs, assumed as priority needs with respect to those of the States. The old concept of national security must today confront the new concept of human security cultivated within the United Nations, which places the fundamental rights of the individual and of people at the centre of attention and lays the foundations for overcoming the traditional politics of power. The concept of human security emphasises the security of the individual and his protection from political violence, war and arbitrariness. It takes account of the strong correlation between peace policy, human rights policy, migration policy and humanitarian policy. The contribution provides, through a series of social indicators such as the Global Peace Index (GPI), Corruption Perceptions Index (CPI) and the World International Security and Policy Index (WISPI), a framework on risk, security, human rights violations in the African continent and examines some significant case studies related to sub-Saharan Africa.

scholarly journals Role of Armed Police Force, Nepal to Protect and Promotion of Human Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 120-130
Author(s):  
Surya Prasad Timilsena
Keyword(s):  
Human Rights ◽  
Criminal Activity ◽  
Armed Forces ◽  
Fundamental Rights ◽  
Police Force ◽  
Police Services ◽  
Moral Principles ◽  
The Individual ◽  
Human Rights Violation

 The present article reveals the role and policy of Armed Police Force Nepal in safeguarding human rights. One of the primary missions of the APF Nepal is to protect the citizens from criminal activity and criminal elements and to maintain public order. This duty includes protecting the rights of every citizen. Armed forces have the duty to protect the individual human rights of every person they encounter. This is an affirmative duty, meaning the police services cannot knowingly ignore or intentionally fail to act when a human rights violation is observed. The Armed Police Force has mandated tasks related to protection, promotion, respect and fulfillment of human rights from various aspects. The research has reached in conclusion: Human rights are moral principles or norms that describe certain standards of human behavior and are regularly protected as a legal right in municipal and international law. They are commonly understood as inalienable, universal and indivisible fundamental rights to which a person is inherently entitled simply because she or he is a human being. To achieve this objective APF Nepal has adopted zero tolerance in Human Rights violations and following national and international human rights instrument that have been adopted by Nepal.

‘Handle with Care’ in StrasbourgThe Effective Access of Vulnerable Undocumented Migrants to Minimum Socio-economic Rights

2021 ◽  
pp. 138-156
Author(s):  
Francesca Ippolito ◽  
Carmen Pérez González
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Undocumented Migrants ◽  
Minimum Standard ◽  
Economic Rights ◽  
Irregular Migrants ◽  
Labour Exploitation ◽  
European Court ◽  
Global Understanding ◽  
Definition Of

This chapter aims to analyse how the European Court of Human Rights (ECtHR) has developed the protection of certain socio-economic rights of irregular migrants contributing to the consolidation of a minimum standard in this field. In particular, this chapter focuses on Strasbourg case law developments regarding rights to adequate housing, health care, and education, along with protection against labour exploitation and trafficking with the purpose of labour exploitation. Relevant contributions from other human rights bodies, particularly the European Committee of Social Rights (ECSR), will be also considered in order to conclude whether we can affirm the existence of a minimum core protections in this regard. The chapter concludes that international courts and non-judicial mechanisms are contributing to the definition of a shared global understanding of the centrality of human dignity in the quest to protect fundamental rights.

1 The Court Over Sixty Years

2020 ◽  
Author(s):  
Nussberger Angelika
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Peace Treaty ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Definition Of ◽  
The Individual ◽  
Violent Conflicts

This introductory chapter provides a background of the European Convention on Human Rights (ECHR), a multilateral treaty based on humanism and rule of law. Similar to the—albeit non-binding—Universal Declaration of Human Rights (UDHR), the ECHR is a document that marks a change in philosophy and gives a new definition of the responsibility of the State towards the individual. It fixes basic values in times of change and paves the way towards reconciliation in Europe. Unlike in a peace treaty, not all wartime enemies participate in its elaboration, but, one by one, all the European States accede to it, signalling their consent to the values fixed by a small community of States in the early 1950s. Seven decades later, forty-seven European States have ratified the Convention. Admittedly, the new start based on common values could not prevent the outbreak of violent conflicts between Member States. At the same time, the resurgence of anti-democratic tendencies could not be successfully banned in all Member States, but such tendencies could be stigmatized as grave human rights violations in binding judgments of the European Court of Human Rights (ECtHR). Thus, it is not surprising that the European model of human rights protection has been attractive and inspirational for other parts of the world. Nevertheless, there was and is a debate in some Member States to withdraw from the Convention as the Court’s jurisprudence is seen to be too intrusive on national sovereignty.

The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty

2018 ◽  
Author(s):  
Emmanuel Decaux
Keyword(s):  
Human Rights ◽  
Precise Definition ◽  
Crimes Against Humanity ◽  
International Human Rights ◽  
International Convention ◽  
International Human ◽  
Definition Of ◽  
The Right

The chapter is a presentation of the newest international human rights treaty, which entered into force in 2010. It is a very innovative and modern instrument, with a precise definition of the victim of a crime of enforced disappearance, as an autonomous crime, and a broad codification of the ‘right to truth, to justice and to reparation’ enshrined in article 24 of the treaty. As the ILC is working on the draft of an international convention for the prevention of crimes against humanity, it is important to avoid watering down the key legal progress enshrined in the International Convention for the Protection of All Persons from Enforced Disappearance.

scholarly journals IN RELATION TO CONCEPT OF COLLECTIVE HUMAN RIGHTS

2020 ◽  
Vol 36 (4) ◽  
pp. 46-52
Author(s):  
D.A. Gadzhieva ◽  
Keyword(s):  
Human Rights ◽  
Individual Rights ◽  
Group Rights ◽  
Collective Rights ◽  
The Difference ◽  
Definition Of ◽  
The Individual ◽  
Legal Entities

This article is devoted to the analysis of some of the issues related to the definition of the content of the concept of collective human rights. The author examines the issues related to the definition of methods of exercising and the range of subjects of collective rights, some problems concerning their relations with individual rights, as well as whether the term “collective rights of the individual” is a proper one to be used in law science. The author analyzes the difference between the concepts of “collective” and group” rights, and also substantiates the reasons why these categories of human rights cannot be equated or why group rights cannot be singled out into an independent category of individual rights. In addition, the author substantiates the impossibility of possessing of collective rights by legal entities.

scholarly journals Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Human Life ◽  
Right To Life ◽  
Basic Rights ◽  
The World ◽  
Way Of Thinking ◽  
The Right

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.

scholarly journals Atikel

2021 ◽  
Author(s):  
Elinda dwi sari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Present Information ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Health Rights ◽  
Basic Standards ◽  
Dignified Life

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.

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