Human rights and religions: 'living together' or dying apart? A critical assessment of the dissenting opinion in S.A.S. v. France and the notion of 'living together'

Author(s):  
Christos Tsevas
2011 ◽  
Vol 6 (3) ◽  
pp. 223-235 ◽  
Author(s):  
Audrey Osler ◽  
Juanjuan Zhu

Throughout history individual and collective narratives have been used in struggles for justice. We draw on Sen’s theory of justice to examine the potential of narratives in teaching and researching for social justice. Human rights are presented as powerful ethical claims that can be critically examined by learners to consider their rights and responsibilities to others, at scales from the local to the global. One life history is used as an illustrative example to examine the Universal Declaration of Human Rights 1948 and its possible meanings for learners in China and globally. This article discusses the strengths and limitations of narratives as research and pedagogical tools in understanding justice, human rights and inequalities; in stimulating solidarity and our common humanity; and in enabling learners to explore their multiple identities. We conclude by making the case for human rights as principles for learning and living together in overlapping communities of fate.


Author(s):  
Antonio López Castillo

En la reciente jurisprudencia del TEDH se advierte una cierta modulación, de lo subjetivo a lo objetivo, en un contexto de controvertida reconsideración nacional de las sociedades abiertas de la Europa en crisis. De ello se trata aquí atendiendo a dos manifestaciones de conflictos de diverso porte y alcance; a propósito, la una, del inclusivo ámbito de la enseñanza, y relativa, la otra, a la regulación de acceso al espacio público mediante reglas excluyentes, de prevención general, pretendidamente instrumentales al aseguramiento de la salvaguarda de la convivencia, de la vida en común.The recent case law of the European Court of Human Rights shows a certain modulation, from the subjective to the objective, in a context of controversial national reconsideration of the open societies of Europe in crisis. This is what we are dealing with here in the light of two manifestations of conflicts of different sizes and scope; purposefully, one, of the inclusive field of education, and relative, the other, to the regulation of access to public space by means of excluding rules, of general prevention, supposedly instrumental to ensuring the safeguarding of coexistence, of living together.


2010 ◽  
Vol 79 (4) ◽  
pp. 457-479
Author(s):  
Ian Bryan ◽  
Peter Langford

AbstractThis article offers a critical assessment of the interpretative positions adopted by the European Court of Human Rights as to the applicability of Convention rights and freedoms to the deportation of “aliens” resident in the territory of a Contracting State. The article considers inconsistencies in the Court's jurisprudence and argues that these inconsistencies are a result of the characterisation of deportation proceedings as administrative events. The authors also explore the nature of Contracting States' deportation procedures and examine key features of the procedural guarantees afforded to non-nationals under the Convention and its Protocols. In addition, the authors consider the extent to which Convention notions of due process and natural justice are deemed germane to deportation proceedings. The article contends that disparities in the procedural protections accorded to nationals when compared with resident non-nationals conflict with the purpose of the European Convention on Human Rights are an avertable consequence of the primacy of State sovereignty.


Author(s):  
Bianca Gutan

The growing and multifarious challenges (political, legal, social, and economic) that global migration raises for contemporary states requires solutions related not only to constitutional identity, but also to a better protection of human rights. Although less visible in the ‘big picture’, cultural rights are an important category of human rights. An absent or a precarious protection of these rights might affect other rights. That is why a balance must be struck between society’s needs and the cultural rights of the individual. In this context, questions may be asked: could there be common points regarding the cultural rights of migrants and of minorities in Europe? Is ‘living together’ a concept that can ensure the full respect of the human dignity of migrants, especially as regards cultural rights? The chapter attempts to answer some of these questions, mainly through the prism of the case law of the European Court of Human Rights (ECtHR).


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