scholarly journals Хришћанска слобода и модерна слобода: две антропологије

2021 ◽  
Vol LIV (3) ◽  
pp. 465-482
Author(s):  
Немања Костић
Keyword(s):  
Human Rights ◽  
Apostle Paul ◽  
The Third ◽  
Modern Idea ◽  
Key Aspects

The paper presents the analysis of Christian and modern ideas of freedom. The first part denotes fundamental elements of the Christian idea of freedom as it can be found in the theology of Saint Apostle Paul, notably the idea of liberation from sin, and Paul’s views on how to live this freedom. In the second part, we have the analysis of the key aspects of modernity, such as rationalism, autonomy, and the notion of human rights, and how these ideas influenced the formulation of the modern idea of freedom. In the third part, the Christian and the modern ideas of freedom are analyzed in the light of their fundamental anthropological bases.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

AI and the Global South

2020 ◽  
pp. 587-606
Author(s):  
Chinmayi Arun
Keyword(s):  
Human Rights ◽  
Third World ◽  
Global South ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
Development Goals ◽  
The Third World ◽  
Postcolonial History

This chapter details how AI affects, and will continue to affect, the Global South. The term “South” has a history connected with the “Third World” and has referred to countries that share postcolonial history and certain development goals. However, scholars have expanded and refined on it to include different kinds of marginal, disenfranchised populations such that the South is now a plural concept—there are Souths. The AI-related risks for Southern populations include concerns of discrimination, bias, oppression, exclusion, and bad design. These can be exacerbated in the context of vulnerable populations, especially those without access to human rights law or institutional remedies. The chapter then outlines these risks as well as the international human rights law that is applicable. It argues that a human rights–centric, inclusive, empowering context-driven approach is necessary.

scholarly journals Corporations and Human Rights Obligations

2016 ◽  
Vol 1 (2) ◽  
pp. 255-275 ◽  
Author(s):  
Denis G ARNOLD
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Moral Agents ◽  
The Third ◽  
Three Stages ◽  
Argument Proceeds ◽  
Policies And Practices

AbstractThe claim that corporations have human rights obligations remains contentious and can be fraught with confusion. This article synthesizes existing corporate human rights theory and responds to objections to the idea that transnational corporations (TNCs) have human rights obligations. The argument proceeds in three stages. The first section describes the different forms TNCs take and explains why TNCs are properly understood as moral agents responsible for their policies and practices. The second section reviews and explains different philosophical theories of corporate human rights obligations. The third section articulates and responds to objections to the idea that corporations have human rights obligations. The main conclusion of this article is that there are multiple, compelling and overlapping justifications of corporate human rights obligations.

Prosecutors and National Security

2021 ◽  
pp. 538-558
Author(s):  
Kent Roach
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Ethical Challenges ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
The Third ◽  
Relative Rarity ◽  
The Many ◽  
Operational Aspects

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Human Rights Violation of Transgender People: A Critical Analysis on Bangladesh Perspective

2018 ◽  
pp. 165-175
Author(s):  
Puja Mitra
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Police Officers ◽  
Critical Analysis ◽  
Legal Protection ◽  
Economic Activities ◽  
Transgender People ◽  
The Third ◽  
Women And Children ◽  
Third Gender

Transgender people are discriminated based on their gender identity, especially, in the societies of South Asian countries. The legal recognition of this ‘third sex’ had to wait long in countries like India, Pakistan, Nepal and Bangladesh. The human rights of these people are being violated in every sector although having been recognized as ‘citizens’ by their respective governments. Many countries have already started to let them get involved in different social and economic activities. In 2013, the Bangladesh government declared the status of the third gender to the transgender people of its territory. This recognition was aimed to protect all the human rights of the third gender enabling them to identify their gender as ‘Hijra’ in all government documents and passport. Section 27 of the Constitution of Bangladesh states that ‘All the citizens are equal before the law and are entitled to equal protection of law’. But the legal protection of the human rights of the newly recognized third gender is questionable till now. The Prevention of Oppression against Women and Children Act, 2000 describes the rights of only women and children. In Bangladesh, the transgender people are becoming rape victims everywhere but unlike women and children, their rape cases never get filed as the police officers do not even believe that anyone can rape these third genders. This social taboo and negligence are costing the sexual minorities their human rights like legal protection. Therefore, it has become important to address this issue to create social awareness which might induce the urgency to practice equal laws for every gender identity. In this paper, a critical analysis of the human rights of Bangladeshi transgendered people has been performed. Finally, the human rights condition of transgender people of Nepal and India is also discussed.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

The Third Wave: Islamization of Europe, or Europanization of Islam?

2013 ◽  
Vol 2 (2) ◽  
pp. 115-136
Author(s):  
Maurits S. Berger
Keyword(s):  
Human Rights ◽  
Religious Discourse ◽  
Religious Values ◽  
The Political ◽  
Third Wave ◽  
The Real ◽  
Four Dimensions ◽  
The Third ◽  
European Values ◽  
Made In

Abstract To understand the concerns and issues related to Muslims and Islam in Europe, this article makes use of a framework that qualifies ‘Islam’ as two manifestations of ‘physical’ and ‘virtual’ Islam and ‘Europe’ as two discourses defined as the political-legal and cultural-religious discourse. The resulting matrix of these four dimensions will be applied to several of the main issues of the interaction between Islam and Europe: the numerical presence of Muslims, their visibility, the legacy of centuries of European-Islamic interaction, and the (in)compatibility of Islamic and European values. Based on these examples, the author observes that the European concerns regarding ‘Islam’ mostly relate to virtual Islam and are dominated by cultural-religious discourse. The author therefore questions the often-heard two-choice question between ‘Europanization of Islam’ or ‘Islamization of Europe’, arguing that the real choice to be made in Europe is whether it will adhere to its political-legal values, such as liberalism, equalit and human rights, or will prefer its cultural-religious values.

The Third UN in Human Rights and Humanitarian Affairs: The Role of Independent Experts and NGOs

2019 ◽  
pp. 217-230
Author(s):  
Thomas G. Weiss ◽  
David P. Forsythe ◽  
Roger A. Coate ◽  
Kelly-Kate Pease
Keyword(s):  
Human Rights ◽  
The Third
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