scholarly journals I diritti sociali: un percorso filosofico-giuridico

2013 ◽  
Author(s):  
Thomas Casadei
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
Human Rights ◽  
Fundamental Rights ◽  
Social Rights ◽  
Basic Income ◽  
Thomas Paine ◽  
Social State ◽  
European Unification ◽  
Institutional Space

The controversial notion of social rights is situated at the heart of the relations between some key categories in the philosophical-juridical lexicon, such as equality, solidarity, citizenship and social state. The book sets out by dealing with their genesis towards the end of the eighteenth century, with particular attention to the lines of argument of Thomas Paine, to go on to examine their development, their juridical configuration and the criticisms levelled at them during the twentieth century, before arriving at basic income theories, namely alternative proposals going beyond social rights (and the juridical-constitutional forms in which they came into being). Hence, the question is dealt with up to the context of globalization and the complicated processes of European unification, also in order to single out ways to relaunch democracy itself 'from the bottom'. The underlying idea is that social rights are legitimately «fundamental» and «human rights» and that to be due they need two structural conditions: to be conceived of as «indivisible», «interdependent» and «interconnected» with respect to other fundamental rights (as ratified by the Vienna Declaration of 1993) and to be rooted contextually within a social and institutional space which today necessarily has to be multilevel but which, at the same time, does not leave aside the states' power of regulation and implementation.

Theology and the Basis of Human Rights

1986 ◽  
Vol 39 (3) ◽  
pp. 361-378
Author(s):  
John A. Henley
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
Human Rights ◽  
Human Reason ◽  
The Enlightenment ◽  
Great Confidence ◽  
Specific Teaching

In the age of the Enlightenment men were inclined, despite their great confidence in human reason, to invoke the deity in support of ‘the rights of man and of the citizen’1 whereas theologians are nowadays somewhat hesitant in suggesting a possible theological basis for human rights.2 Whatever this may indicate about a more aggressive secularism and a more modest theology and church during much of the twentieth century, it will be the contention of this paper that those who drafted eighteenth century statements and declarations of human rights were closer to the truth about their basis. In support of this contention I shall argue, first, that the doubt which some philosophers have expressed about finding a sure foundation for human rights is quite justified and, second, that the purpose for which some theologians have recently offered a theological basis has therefore been unduly limited. Finally, however, and rather ironically, I shall demonstrate that the bases suggested by these theologians are far too grandiose and all embracing and that what is required is the quite specific teaching of eschatology, the theory of Christian hope.

Universalizing Dignity in the Nineteenth Century

2017 ◽  
Author(s):  
Mika LaVaque-Manty
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Eighteenth Century ◽  
Human Rights ◽  
United Nations ◽  
Human Dignity ◽  
Conceptual History ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
United Nations Declaration

This chapter traces some of the conceptual history from the late eighteenth century, when arguments about equal, intrinsic, and universal human dignity became politically important, to the mid-twentieth century, when the idea of universal human dignity was enshrined in the United Nations Declaration of Human Rights. The chapter argues that this universalization process primarily took place in the nineteenth century, in political controversies around gender, race, and labor. The chapter argues that a particular Christian conception about the dignity of labor, expressed by Pope Leo XII, helped cement the value of inherent human dignity while at the same time weakening its more radical political potential.

scholarly journals Potencialidades del pilar europeo de derechos sociales en la praxis jurisprudencial del juez de Estrasburgo: entre la heterarquía vínculo social-vínculo económico y la disfuncionalidad

2019 ◽  
pp. 609
Author(s):  
Ainhoa Lasa López
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Social Rights ◽  
Effective Protection ◽  
Derechos Humanos ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Eu ◽  
Evolutionary Interpretation

El recurso a los principios de la protección efectiva y la interpretación evolutiva ha generado una prominente casuística de reconocimiento accesorio de algunos derechos sociales de prestación por parte del Tribunal Europeo de Derechos Humanos. Paralelamente, el Pilar Europeo de Derechos Sociales, con su objetivo de mejorar la integración positiva del euro sistema, parece ampliar el contenido de algunos derechos sociales contemplados por la Carta de Derechos de la Unión. Siguiendo estas coordenadas, el objetivo del presente artículo es reflexionar sobre el papel del Pilar en la línea argumental de la garantía de la dimensión objetiva de los derechos humanos de la Convención desarrollada por el juez de Estrasburgo.The use of the principles of effective protection and evolutionary interpretation has generated a prominent casuistry of accessory recognition of some social rights by the European Court of Human Rights. On the other hand, the European Pillar of Social Rights, with its objective of improving the positive integration of the euro system, seems to expand the content of some social rights contemplated by the EU Charter of Fundamental Rights. Following these coordinates, the objective of this article is to reflect on the role of Pilar in the line of reasoning of guaranteeing the objective dimension of human rights of the Convention developed by the judge of Strasbourg.

9 Article 13 EC: Mere Rhetoric or a Harbinger of Change?

1998 ◽  
Vol 1 ◽  
pp. 175-197
Author(s):  
Lisa Waddington
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
European Convention ◽  
Social Rights ◽  
The European Union ◽  
Advisory Committees ◽  
Court Of Justice ◽  
European Court

Since the signing of the Treaty on European Union in Maastricht in 1992, calls have gradually been increasing for a greater recognition of, and firmer foundation for, fundamental (social) rights within the European Union. These calls naturally became louder following the Opinion of the European Court of Justice excluding the possibility of EC accession to the European Convention of Human Rights and during the lead up to the Amsterdam Intergovernmental Conference. Academics, independent EU Advisory Committees, groups representing the interests of EU citizens and residents and the European Parliament lamented the almost complete absence of fundamental social rights in the Treaty, and called for an ambitious revision of the Treaty. To a large extent these calls went unheard in Amsterdam, and the new Treaty does not incorporate a comprehensive list of social fundamental rights.

scholarly journals Modernity and human rights: beyond a simple association

2016 ◽  
Vol 28 (43) ◽  
pp. 99
Author(s):  
Leno Francisco Danner
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Social Rights ◽  
Basic Income ◽  
Normative Model ◽  
Modern Culture ◽  
Institutional Politics ◽  
The Social ◽  
The World

Beginning with the Jürgen Habermas’ reconstruction of a normative model of European cultural modernity as basis to a contemporary notion of epistemological-moral universalism as condition to critic, to integration and to intervention, which leads to the affirmation that democracy and human rights represent the modernity’s fundamental legacy, I will discuss that such theoretical reconstruction only can be possible from a historical-sociological blindness which is based on the separation between a normative notion of European cultural modernity and the Realpolitik of colonialism – just from this theoretical-political standpoint it is possible to sustain a universalistic normative paradigm which is capable to ground the criticism, the integration and the intervention of all social-cultural contexts, which means that modern culture and normativism can serve as medium and guide of all particular cultures, at least in a strong way. Against that optimistic role of the Habermasian normative model of European cultural modernity, I will argue that democracy and human rights as modernity’s legacy have basically two tasks in the contemporary Realpolitik: first, to restrain the modernity’s totalizing tendency to rationalization and to globalization, i.e. its movement of assimilation of all cultures and societies in a model of epistemological, cultural and economic universalism; and to ground an international institutional politics based on the social-economic reparation for the colonialism, which implies in a universalistic extension of the social rights to all people in the world (for example, the Philippe van Parijs’ idea of basic income).

scholarly journals PRAWA SOCJALNE ich miejsce w systemie prawa oraz znaczenie w społeczeństwie

2018 ◽  
Vol 3 (1) ◽  
pp. 77-102
Author(s):  
Anna Kalisz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Social Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
2Nd Generation ◽  
Historical View ◽  
Institutional Structures

The paper is an approach to present the category of social rights in the background of entire legal system of the human rights protection. It is particularly dealing with the issue of nature of the 2nd generation of human rights and its significance for society. It starts with a brief presentation of the philosophical (human dignity) and normative roots as well as a short historical view of the human rights’ codification; the established legal terminology (human rights, fundamental rights, individual rights and liberties) and various levels of the legal protection (international – of global or regional nature, supranational and national one). Thereafter it focuses directly on the issue of social rights. Unlike the 1st generation of human rights, they are rather connected with public activity, policy and services (facere) than with autonomy and liberty (non facere). This, in turn, demands appropriate institutional structures and procedures. Social rights are hardly provided – in a binding and effective way – by global or regional international law. Thus, the burden of their protection, guaranty and execution is satisfied by the particular state and depends on its economic and social circumstances. On the other hand – they significance is based on fact that they serve the protection of social security which is the fundamental issue for both – dignity and sense of community.

The European Union and human rights

2020 ◽  
pp. 53-64
Author(s):  
Gerard McCann ◽  
Nadia Makaryshyn
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Social Rights ◽  
The European Union ◽  
Policy Issues ◽  
Charter Of Fundamental Rights ◽  
And Migration ◽  
The Cold War ◽  
Ideological Tensions ◽  
The Eu

Chapter 4 provides a critical perspective on the development of the EU in the Cold War period, the ideological tensions underpinning its operation and its increasing influence on the development of concepts of human rights and their reflection in EU social policy. Issues covered include the tensions between human rights and EU’s ‘pooled sovereignty’, economic, foreign, and migration policies. It discusses the EU Charter of Fundamental Rights and the European Pillar of Social Rights, the challenges posed by neoliberalist concepts of ‘free trade’ ‘competition’ and ‘privatisation’. Finally, it looks at the challenges facing the EU as a result of a range of global situations – the banking crisis, refugees fleeing ongoing conflict, migration and globalisation, global inequalities in trade and wealth and global insecurity.

scholarly journals DA MEDIAÇÃO E CONCILIAÇÃO EM AUDIENCIAS TRABALHISTAS NO CONTEXTO PANDÊMICO

2021 ◽  
Vol 4 (4) ◽  
pp. 209-227
Author(s):  
Francislaine de Almeida Strasser ◽  
Nayara Maria Silvério da Costa Dallefi ◽  
Lícia Pimentel Marconi ◽  
André Soares Sartoro
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Rights ◽  
Legal Certainty ◽  
Historical Aspects ◽  
The Face ◽  
The Law

Social rights are fundamental rights, with praise in the Universal Declaration of Human Rights, being the State responsible for its supervision and effectiveness.However, it is well known that it is often not fully enforced, which is why the Labour Court becomes a very important body for achieving legal certainty not only for workers' rights, but also for analysing the contradictory and broad defence, by employers.As a means of resolving this dispute between the parties, conciliation and mediation are one of the most valuable ways of trying to pacify this dispute and of possibly satisfying social rights that have not been applied, and that in relation to the latter is the best to be used as correct terminology, adding the fact that Labor Justice is the pioneer in its application in the law of the fatherland.This method has also been of great value in the present times, providing legal certainty between the parties, in the face of the COVID-19 pandemic and the need for continuity of the work of the Judiciary Branch in a remote way, noting further, that in relation to the production of evidence, it is divergent, but in relation to mediation in the audience, there is no doubt that it is agrand method to be applied.To achieve the specific objectives, the method used was deductive, starting from the general premise on the concept of Mediation and Conciliation and for that, bringing this approach on social rights, as a fundamental right andits historical aspects.

scholarly journals Why the neglect? Social rights and French Revolutionary historiography

2019 ◽  
Vol 33 (4) ◽  
pp. 503-519
Author(s):  
Charles Walton
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
French Revolution ◽  
Social Rights ◽  
Political Rights ◽  
Free Markets ◽  
Post Cold War ◽  
The Social ◽  
Liberal Political Economy ◽  
Recent Tendency

Abstract Despite the rise of ‘human rights’ histories in recent decades, the subset of social rights has been largely neglected. To the degree that social rights—to subsistence, work and education—are acknowledged, they tend to be treated as ‘second-generation rights’—as mid-twentieth-century additions to the corpus of civil and political rights stretching back to the eighteenth century. This article shows that debates over social rights also stretch back to that period. The author discusses why historians of the French Revolution have largely neglected social rights. One reason has to do with post-Cold War conceptions of human rights, which stress their liberal rather than socio-economic content. Another has to do with the recent tendency to subsume the ‘social’ within late eighteenth-century liberal political economy. In their effort to recast revolutionaries as ‘social liberals’—as espousing free markets and social welfare—historians have obscured deep tensions over social rights and the obligation, or ‘duty’, to finance them.

scholarly journals DIREITOS HUMANOS E DIREITOS FUNDAMENTAIS SOCIAIS E SUA EFIC�CIA NAS RELA��ES PRIVADAS: O CASO DA ISO 26OOO

2014 ◽  
Vol 14 (1) ◽  
Author(s):  
Ingo Wolfgang Sarlet
Keyword(s):  
Human Rights ◽  
Best Practices ◽  
Social Responsibility ◽  
State Of The Art ◽  
Fundamental Rights ◽  
Social Rights ◽  
Iso 26000 ◽  
Current State ◽  
Protection Of Human Rights ◽  
Private Actors

RESUMO: Este breve texto pretende refletir sobre o atual estado da arte no que concerne a efetiva promo��o e prote��o dos direitos humanos dos direitos fundamentais, com destaque para os direitos sociais, no contexto das boas pr�ticas da Responsabilidade Social, bem como sobre o desafio posto pela efic�cia de tais direitos na esfera das rela��es entre particulares. PALAVRAS-CHAVE: Direitos Humanos. Direitos Fundamentais Sociais. Efic�cia nas rela��es privadas. Responsabilidade Social. ISO 26000 ABSTRACT: This brief paper intends to think about the current state of the art regarding the active promotion and protection of human rights and fundamental rights, focusing the case of social rights, in the context of best practices of social responsibility, as well as the challenge posed by the efficacy of such rights in the domain of the relations among private actors. KEYWORDS: Human Rights. Social Rights. Efficacy in private sphere. Social Responsibility. ISO 26000

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