scholarly journals Universality and cultural diversity

2006 ◽  
Vol 55 (3) ◽  
Author(s):  
Patricio Ventura-Juncá
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Cultural Diversity ◽  
Cultural Differences ◽  
Human Dignity ◽  
The Other ◽  
Experimental Science ◽  
Universal Principle ◽  
A Value ◽  
Different Cultures

L’articolo è incentrato sul tema della universalità e della diversità culturale nell’ambito dell bioetica, e mostra come questi elementi appaiono nella Dichiarazione Universale su Bioetica e Diritti Umani dell’UNESCO, che è stata il risultato di un lungo e fruttuoso dialogo, in cui i rappresentanti di molti paesi e culture hanno presero parte attiva. La diversità culturale esiste: è un fatto, riconosciuto oggi come una ricchezza grande per l’umanità; ma allo stesso tempo nella scienza sperimentale e nella filosofia, lo spirito umano cerca sempre l’universalità. In questo senso la bioetica non fa eccezione. Il primo e basilare principio universale stabilito nella Dichiarazione dell’UNESCO è quello di dignità umana. Questo concetto è la pietra angolare che sostiene gli altri principi -come il rispetto per la vita e il consenso informato. La dignità umana è un valore di ordine più alto e nonostante le differenze culturali è riconosciuto ovunque. È possibile, tuttavia, che in culture diverse esso possa essere compreso da prospettive differenti e con gradi di enfasi diversi. ---------- This article is about universality and cultural diversity in the field of bioethics, showing how these elements appear into the UNESCO Universal Declaration on Bioethics and Human Rights, that has been the result of a lengthy and fruitful dialogue, in which representatives of many countries and cultures took an active part. Cultural diversity exists: it is a fact, recognized today as a great wealth for mankind, but at the same time in both experimental science and philosophy, the human spirit always seeks universality. Bioethics is no exception. The first and basic universal principle established in the UNESCO Declaration is that of human dignity. This concept is the corner stone that supports the other principles – like respect for life and informed consent. Human dignity is a value of the highest order and despite cultural differences it is recognized worldwide. Possibly, however, in different cultures it may be understood from different perspectives and with different degrees of emphasis.

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.

Human Rights Progress in Psychiatry: More Apparent Than Real (Observations and Reflections on Life in the Texas Mental Health Courts)

2006 ◽  
Vol 8 (3) ◽  
pp. 241-254
Author(s):  
John Breeding
Keyword(s):  
Mental Health ◽  
United States ◽  
Human Rights ◽  
Informed Consent ◽  
The United States ◽  
The Other ◽  
Mental Health Courts ◽  
Modern Psychiatry ◽  
History Of ◽  
The One

The history of modern psychiatry includes a legacy of coercion and infamous physical and mechanical treatments, on the one hand, and progress in human rights, particularly patient rights, on the other. The purpose of this article is to remind readers that this modern progress in psychiatry is more apparent than real. The author’s experience with recent cases in the mental health courts is discussed in order to demonstrate the ongoing abuse of human rights in psychiatry. A brief look at other aspects of the current mental health climate in the United States is also provided, along with considerations of informed consent.

scholarly journals The refugee regime and its weaknesses. Prospects for human rights and Kant’s ethic

Human Affairs ◽  
2016 ◽  
Vol 26 (3) ◽  
Author(s):  
Josef Koudelka
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
International Agreements ◽  
The Other ◽  
European Countries ◽  
Ethical Values ◽  
Negative Consequences ◽  
Security Risks ◽  
Other Hand ◽  
Western Concept

AbstractWhen governments create refugee policies they consider several factors (security, economics, ethics, etc.). There are reasons why admitting refugees could have negative consequences (for example, security risks). On the other hand, if the recipient societies have ideals that stress the importance of helping other people, they should act according to their values. The aim of this article is to examine the concept of human dignity and show that European states should admit and help refugees because it is in accordance with their ethical values and the international agreements they have signed. This is important because when European countries hesitate to help refugees, they act not only contrary to their humane tradition, but they can harm them. The western concept of human dignity is one of the main values that stresses that each person is important—that they are equal and free.

scholarly journals Human dignity as a universal legal value

2020 ◽  
Vol 9 (31) ◽  
pp. 96-103
Author(s):  
Sergiy Maksymov ◽  
Natalia Satokhina
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Large Scale ◽  
Intrinsic Value ◽  
Developed Countries ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
A Value ◽  
European Court ◽  
Federal Constitutional

The purpose of the article is to substantiate the thesis about human dignity as the initial and universal legal value. The investigation belongs to philosophical and legal anthropology and axiology. In the process of research, phenomenological and analytical methods in their unity and complementarity were used. The article draws attention to the tendency of increasing interest to the value component of law in contemporary legal philosophy and doctrine. Traditionally, justice is recognized as the main legal value embodying the high purpose of law. It is a complex value and embodies a certain ratio of no less universal legal values based on human experience, such as human dignity, freedom and equality. Since the mid-twentieth century, human dignity has become the “new key concept” for law. This was due to the desire to prevent a recurrence of the state of barbarism – massive and large-scale humiliation of it during the Second World War. As an expression of a person’s intrinsic value, his subjectivity, human dignity is considered as a value basis of human rights as a whole, as well as an independent right, the inviolability of which is enshrined in the fundamental international documents and constitutions of developed countries. It finds protection in the practice of national Constitutional Courts (primarily the German Federal Constitutional Court), the European Court of Human Rights and other legal institutions. The ethical priority of dignity in the system of legal values emphasizes the universality of human rights, which are based on the initial and unconditional recognition of the other in his uniqueness, regardless of his belonging to a particular community.

scholarly journals Rapport management under examination in the context of medical consultations in Spain and Britain

2008 ◽  
pp. 57 ◽  
Author(s):  
María de la O Hernández López
Keyword(s):  
Social Psychology ◽  
Cultural Differences ◽  
The Other ◽  
Effective Model ◽  
Communication Studies ◽  
Rapport Management ◽  
Medical Consultations ◽  
Similarities And Differences ◽  
The One ◽  
Different Cultures

This paper is framed within the areas of interactional pragmatics and social psychology of language, with a twofold purpose: on the one hand, applying Rapport Management (Spencer-Oatey, 2000, 2008) to the context of medical consultations in order to disentangle crucial similarities and differences between British and Spanish interactions; with the exception of Sydow Campbell’s (2005) study, Rapport Management has not been directly approached in this context. In this sense, it constitutes both a challenge in communication studies and a step forward in a well-known theory that still remains under-explored. On the other hand, Cordella’s (2004) voices in medical consultations will prove to be related to the way interlocutors manage rapport in each culture, and therefore, different voices may be relevant in different cultures. This will lead to variation in terms of the three bases of rapport (face, rights and obligations, and interactional goals). Finally, some remarks and limitations of Rapport Management will be discussed so as to give way to a more comprehensive and effective model of communication which may explain both cultural differences and situational variation.

Contours of Dignity

2020 ◽  
Author(s):  
Suzy Killmister
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Specific Form ◽  
The Other ◽  
Moral Significance ◽  
Social Construct ◽  
Recognition Respect ◽  
Personal Dignity ◽  
The One ◽  
The Relationship

Contours of Dignity develops a theory geared towards explaining the complex and varied role dignity plays in our moral lives. This includes the relationship between dignity and respect; the ways in which shame and humiliation can constitute dignity violations; and the relationship between dignity and human rights. Dignity, according to this theory, comes in three strands: personal dignity, social dignity, and status dignity. Each strand involves a specific form of respect. On the one hand, personal dignity involves self-respect while social and status dignity involve the respect of others. On the other hand, personal and social dignity both involve appraisal respect, while status dignity involves recognition respect. With these distinctions in hand, Contours of Dignity then explores the moral significance of dignity, offering a novel explanation of the source and scope of individuals’ claims to have their dignity respected. The book concludes with a discussion of the relationship between dignity and human rights, arguing that we should understand human dignity as a social construct, but one that nonetheless vindicates the human rights project.

scholarly journals CONFLICT OF INTERPRETATIONS OF THE LETTER FROM SKIFFS TO DARIUS THE FIRST

2019 ◽  
pp. 52-57
Author(s):  
Olha Haidamachuk
Keyword(s):  
Cultural Differences ◽  
The Other ◽  
Internal Conflict ◽  
Political Involvement ◽  
Other Hand ◽  
The One ◽  
Different Cultures

Sum of the things as a short letter of the Scythians to Persian King Darius the First, which were collection of a bird, a frog, a mouse and arrows, contains no intonations, because the Scythians themselves refrained to explain its contents. Pure articulation is silent. That’s why the addressee has to become co-author the Scythian message to intonate it in his way. Actually Darius was forced to intone, on the one hand, his imperious desires, and, on the other hand, the plausible Scythians intentions. Such self-split causes internal conflict and pushes Darius to an impasse. His desire to read the Scythian message as their own recognition of their surrender contradicts with their obviously disobedient behavior. It works as a trap. Darius himself inclines to surrender, because his intonations work as detonations - the secret psychological weapon of the Scythians in the field of symbols. That’s the case when the interpretation demoralizes its own interpreter. The composition of the letter reflects the Scythians cosmological representations and reveals their outlook. When Herodotus, Clement d'Alexandrie, J.-J.Rousseau and others retell and interpret the letter, both their retelling and interpretation reflect their cultural differences and their different worldviews. Only Darius dealt with pure things, while the rest of interpreters dealt with different languages words denoting those things. But in any case this message requires live intonations. The Scythian letter allows you to subtract from it some jokes or mock the same as a demand of surrender or as an open threat etc. Conflict of interpretations can be caused by both linguistic untranslatability either worldview untranslatability of different cultures and political involvement of interpreters. Therefore, the interpretation of the message through things, the same as through words, also depends on its intonation content.

Algunas manifestaciones de la libertad de conciencia en una sociedad globalizada

2014 ◽  
pp. 2027-2043
Author(s):  
Lorenzo MARTÍN-RETORTILLO BAQUER
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Religious Group ◽  
The Other ◽  
Derechos Humanos ◽  
European Court ◽  
Different Cultures

LABURPENA: Giza Eskubideen Europako Auzitegiaren duela gutxiko bi ebazpenek erakutsi dute kultura ezberdinen ezaugarriek erlijio-askatasuna mugatu dezaketela. Alde batetik, Holandako talde erlijioso baten kasua dugu. Brasildik jasotako ohitura baten eraginez, gurtzaren ekintza garrantzitsuenetako bat substantzia haluzinogeno baten kontsumoa da, drogen aurkako legediak berariaz debekatzen duena. Bestetik, erlijio sunita Ahmadiyya fedeagatik aldatzearen ondorioz jazarpena jasaten duen pakistandarraren kasua dugu. Bere herrialdetik ihes egin eta Frantzian babesa eskatu behar izan du, jakinik Pakistanera itzultzera behartzen badute, tratu txarrak jasotzeko arriskuan egongo dela. RESUMEN: Dos recientes decisiones del Tribunal Europeo de Derechos Humanos ilustran acerca de cómo la influencia de las peculiaridades de distintas culturas puede afectar al ejercicio de la libertad religiosa. Uno de los supuestos, ofrece el caso de un grupo religioso establecido en Holanda y que, por influencia brasileña, considera como uno de los más importantes actos del culto el consumo de una sustancia alucinógena que está expresamente prohibida por la legislación antidroga. El otro caso contempla las persecuciones de que es objeto en Paquistán un sunita por cambiar de religión y pasar a profesar la fe ahmadia. Hasta el punto de tener que escapar del país, lo que le lleva a refugiarse en Francia, donde pedirá asilo. Con el riesgo de que, si es expulsado a su país, se expone a ser objeto de malos tratos. ABSTRACT: Two recent decisions by the European Court of Human Rights show how the influence of the peculiarities of different cultures can have an impact in the exercise of the religious freedom. One of the cases offers the case of a religious group in Holland and that due to Brazilian influence considers one of its more important worshipping acts the use of one hallucinogenic substance totally barred by the antidrug legislation. The other case considers the prosecutions suffered by a sunni in Pakistan for having changed religion and been practicing the ahmadian faith. To the point of eventually escaping from the country which brings him to look for shelter in France where he will ask for asylum. There is the risk that if he is expelled to his country it might be exposed to abuses.

scholarly journals Observing the Accused Person Interrogation Rights in Pretrial Period in Iran’s Law and the International Charter of Human Rights

2016 ◽  
Vol 9 (9) ◽  
pp. 126
Author(s):  
Feizollah Salehi Taebloo ◽  
Manuchehr Tavassoli Naini
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Human Dignity ◽  
Preliminary Investigation ◽  
Judicial System ◽  
The Other ◽  
Social Rights ◽  
The Social ◽  
Fair Procedure ◽  
Descriptive Method

<p>The culprit is one of the fixed parties in penal judgments and because he is to be stood before the social rights with the support of the prosecutor he enjoys a vulnerable judicial standpoint. The person being charged with a crime or an offence faces the judicial system in the preliminary investigation stage, in other words, pretrial stage. In this stage the culprit, due to the fact that has not been convicted to any crime, he has to undergo interrogation and investigation based on the acquittal principle and preservation of the human prestige and credit. Interrogating the culprit is the main axiom of the pretrial period and it is possible that the culprits be exposed to torture and inhumane behaviors as a result of their rights being ignored and their human dignity being refused by the interrogating bodies. Therefore, the accused person should be enjoying the rights and liberties under the shade of the fair judgment. On the other hand, fair judgment is not intended solely for safeguarding the accused person’s defense rights, rather a just proceeding in its exact meaning is seeking to serve the preservation and supporting the rights and the liberties of all of the individuals who somehow share the legal procedure process. Observing a fair procedure should not be taken as to mean leniency for any single one person, rather observing such principles in the proceedings causes the humanity aspect of the parties not to be underestimated and justice and fairness can be implemented and served regarding their rights.</p>In the present article because it is carried out in humanities realm we have tried to make use of an analytical-descriptive method through the use of the international charter of human rights and requirements and the constitutional laws in Iran and this is while the accused individual rights in the pretrial period has also been enumerated and elucidated on and then we deal with the survey of the Iran’s judicial system and the international charter of human rights regarding the methods of keeping a hold onto such rules and regulations and consequently we will figure that in both of the described systems it has been frequently emphasized on observing the accused person’s rights in the majority of the cases in this period and there has been criminal enforcement mandates for it.

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