scholarly journals An all-European conversation: Promoting a common understanding of European human rights

Author(s):  
András Sajó
Author(s):  
Ådne Valen-Sendstad

In this chapter I discuss three new ways, of understanding human dignity. First, Christopher McCrudden’s concern is with the fact that there is no common understanding of the concept. He argues that dignity is a placeholder. It is open to interpretations from a diversity of normative understandings, – religious and secular. Still, he argues for a core of overlapping content within the diversity of understandings. Second, Catherine Dupré understands human dignity as a heuristic concept, open for new interpretations. The concept is in itself inexhaustible. New meanings develop in confrontation with new issues. Observing that the concept has become one of the pillars in European law and democracies, and has been crucial in several junctions when dictatorships has fallen and democracies has been established after the Second World War, she finds that the concept comes to its right in particular in transitional and transformative situations. Finally, Costas Douzinas does not work with the concept human dignity but with the concept of the human, to whom human dignity is designated in the human rights. I reinterpret his theory to also cover the normative concept human dignity. It is brought into force by proclamations, and as such becomes a transformative and life changing concept in particular for people living in need of dignity.


2003 ◽  
Vol 19 (3) ◽  
pp. 201-210 ◽  
Author(s):  
Willem Doise

Human rights are defined as normative social representations embedded in institutional juridical definitions. Research findings show that human rights can be studied as normative social representations implying a degree of common understanding across cultures together with organized differences within and between cultures. Important factors in modulating individual positioning in the realm of human rights are experiences of social conflict and injustice, beliefs about the efficiency of various social actors to have rights enforced and attitudes of liberalism or collectivism. On the other hand, an ethnocentric use of human rights is well documented and has been experimentally studied. Generally, concerns about these rights expressed by citizens of Western countries become much stronger when non-Western countries are involved, whereas violations of these rights in their own country are often not severely condemned.


Lex Russica ◽  
2019 ◽  
pp. 48-52
Author(s):  
N. V. Kruchinina

The article analyzes different points of view concerning reproductive human rights. Every year the number of cases when assisted reproductive technologies are used is increasing in Russia. The author draws attention to the lack of a common understanding of reproductive human rights, their protection and regulation in different countries of the world, to different perceptions of legal responsibility for abuses in the field of artificial reproduction of human beings, and to the existence of different definitions of crime in the field of human reproduction.The article presents an overview of foreign legislation on criminal law protection of human reproductive functions. The study of criminal and civil cases and examination of scientific developments in this area compels the author to admit the existence of abuses and crimes in the field of artificial reproduction of human beings. The article attempts to determine the list of crimes against reproductive human rights and considers them as an object of forensic research.


2013 ◽  
Vol 5 (2) ◽  
pp. 45-62 ◽  
Author(s):  
Rebecca Adami

The article is based on a critical cosmopolitan outlook on dialogue as not aimed at reaching consensus, but rather keeping dialogue of difference open, with the ability to reach common understanding of human rights on conflicting grounds. Intersectional dialogue is used as a concept that opens up possibilities to study, in a pragmatic sense, the ‘cosmopolitan space’ in which different axles of power met in the historical drafting of human rights. By enacting analysis of United Nations (UN) documents from 1948 on the process of drafting the Universal Declaration on Human Rights (UDHR) the conceptualization of intersectional dialogue is put to work. The utopian foundation for deliberative democracy as dialogue in the absence of power and interest does not acknowledge the reality in which the human rights were negotiated and debated. The paper questions the dominant narrative of a western philosophical ground for the universality of human rights.


2014 ◽  
Vol 28 (2) ◽  
pp. 171-182 ◽  
Author(s):  
Alan Sussman

The title of this essay is rather ambitious and the space available is hardly sufficient to examine two words of almost limitless expanse—“human rights”—whether standing alone or in tandem. This requires that I begin with (and remained disciplined by) what a teacher of mine, Leo Strauss, called “low facts.” My low facts are these: We call ourselves humans because we have certain characteristics that define our nature. We are social and political animals, as Aristotle noted, and possess attributes not shared by other animals. The ancients noted this, of course, when they defined our principal behavioral and cognitive distinction from the rest of the natural world as the faculty of speech. The Greek word for this, logos, means much more than speech, as it connotes word and reason and, in the more common understanding, talking and writing, praising and criticizing, persuading and reading. While other animals communicate by making sounds of attraction or warning, leaving smells, and so on, none read newspapers, make speeches, publish their memoirs, or write poetry.


2013 ◽  
Vol 28 (1) ◽  
pp. 97-133 ◽  
Author(s):  
Yoshinobu Takei

Abstract A lack of control by flag states over their ships is one of the main causes of the current crisis in oceans management. To address this, the international community has been developing actions against irresponsible flag states in various sectors. However, it is not always clear under what circumstances they are considered to be in breach of their duties. A clarification of this issue will enable the international community to better address this problem by establishing a clear common understanding of what the breach of flag state duties entails. The present article examines this issue by considering the margin of discretion, which is akin to the concept ‘margin of appreciation’ often used in other areas, such as human rights, enjoyed by flag states in discharging their duties and analyzing the circumstances under which acts of private ships lead to the international responsibility of their flag state for their wrongful acts.


2009 ◽  
Author(s):  
Ramesh Kumar Tiwari
Keyword(s):  

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