scholarly journals “Droit européen“ à la liberté religieuse et paradigmes des relations État- religions dans l’Europe contemporaine: une cacophonie épineuse

2021 ◽  
Author(s):  
Alessandro Ferrari
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The Other ◽  
Multilevel System ◽  
Rights Protection ◽  
National Models ◽  
Rights Discourse ◽  
The One ◽  
Human Rights Discourse ◽  
The Relationship

SOMMAIRE: 1. Introduction: paradigmes de relations et droit à la liberté religieuse, de l’identité à la tension - 2. Des paradigmes des relations État-Églises au droit à la liberté religieuse - 3. La force attractive des paradigmes dans le scénario européen contemporain - 4. Les paradigmes des relations État-Églises dans la nouvelle arène internationale - 5. Conclusion: une citoyenneté inachevée. The “European Right” to Religious Freedom and Paradigms of State-Religion Relations in Contemporary Europe: a thorny cacophony ABSTRACT: The article examines the dialectic between European national models of religious freedom and the paradigm of religious freedom shaped in the international order and in particular by the human rights discourse. The analysis of the relationship between the modern - national-centered - and the contemporary - individual-centered - paradigm of religious freedom reveals, on the one hand, the difficult but inevitable osmosis between legal systems in a multilevel system of rights protection and, on the other hand, the deep transformation of religious freedom in contemporary Europe.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

scholarly journals Exploring the Theory and Practice of the Relationship between International Human Rights Law and Domestic Actors

2009 ◽  
Vol 22 (1) ◽  
pp. 177-190
Author(s):  
FRANS VILJOEN
Keyword(s):  
Human Rights ◽  
Theory And Practice ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
National Human ◽  
Rights Discourse ◽  
The One ◽  
National Human Rights Institutions ◽  
Human Rights Discourse ◽  
The Relationship

In recent times the human rights discourse has become increasingly concerned with the relationship between domestic and international (UN and regional) human rights law. In 2007, two significant additions to this body of scholarship appeared. Although the authors of these texts are based in Canada and the United Kingdom respectively, their contributions explore the domestic–international relationship from a particularly African angle. While both works are concerned with the national arena (local activist forces and national human rights institutions respectively), the one investigates the domestic impact of international law and institutions, while the other explores the increased international impact of a particular domestic institution.

scholarly journals Law, Cosmopolitan Law and the Protection of Human Rights

2008 ◽  
Vol 4 (2) ◽  
pp. 241-264 ◽  
Author(s):  
Sarah Sorial
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Positive Law ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Cosmopolitan Law ◽  
Human Rights Discourse ◽  
Subjective Rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection.

14. Land Law and Human Rights

Land Law ◽  
2020 ◽  
pp. 593-629
Author(s):  
Chris Bevan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Land Law ◽  
European Court ◽  
The Supreme Court ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
The Relationship

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of the First Protocol and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.

scholarly journals Chinese Discourse on Human Rights in Global Governance

2016 ◽  
Vol 1 (2) ◽  
pp. 192-213 ◽  
Author(s):  
Pinghua Sun
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
Chinese Culture ◽  
International Consensus ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Discourse ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Important Basis

China’s discourse on human rights has a very rich and colorful content and the construction thereof has its own particular characteristics. Approaches to examine it should be adopted to understand thoroughly both the past and the present and both Chinese and Western methods of integration of theory into practice. Many important human rights factors are embodied in traditional Chinese culture and Confucianism became an important basis of the international consensus on morality. The Chinese representative, Peng-chun Chang made historical contributions to the construction of the international human rights protection system. These represent the core texts in constructing China’s human rights discourse, which will play an important role in China’s struggle for authority in the international discourse on human rights and dominance in global governance.

scholarly journals A kisebbségi jogvédelem nyelvezete: „az igazat mondd, ne csak a valódit”

2021 ◽  
Vol 3 (3) ◽  
pp. 65-70
Author(s):  
Csongor István Nagy
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Expressive Language ◽  
Minority Rights ◽  
Ethnic Discrimination ◽  
Language Minority ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Rights Discourse ◽  
Human Rights Discourse

The paper proposes an alternative (complementary) narrative for minority rights protection, which is based on dissociation and expressive language. Minority rights protection, besides the traditionalist thinking, should endeavour to identify the buzzwords that are familiar to the rule-of-law and human rights discourse of the 21st century. This quest should have two aspects: dissociation from the (fake) sovereignty associations and articulation of ethnic discrimination.

scholarly journals Reflexões sobre ética e ciência: ensaio no contexto de pandemia Covid-19

2020 ◽  
Vol 8 (2) ◽  
pp. 55-69
Author(s):  
Paulo César Carbonari
Keyword(s):  
Human Rights ◽  
The Other ◽  
Critical Position ◽  
Alternative Concept ◽  
Critical Elements ◽  
New Science ◽  
Understanding Of Science ◽  
The One ◽  
The Relationship ◽  
Understanding Science

Este ensaio apresenta reflexões para tematizar uma certa compreensão de ciência e de ética. O faz recuperando elementos críticos tanto de uma quanto da outra e, particularmente da relação entre elas. As preocupações se situam no contexto dos processos de enfrentamento da pandemia Covid-19. Situa-se numa posição crítica tanto às posições anticientíficas e também aquelas que são adesistas a uma certa forma de entender a ciência como absoluta. Procura escapar do dilema que separa falsamente o debate entre “negacionismo anticientífico” e “cientificismo primário”. Além dos aspectos contextuais, busca apresentar alternativas. Em tom ensaístico, faz uma crítica ao conceito de ciência tradicional, apresenta um conceito alternativo de ciência, discute criticamente ideia de progresso, de procedimentos, entre outros aspectos. Defende a proposta de uma nova ciência e de uma nova ética. O pano de fundo é explicitado pela apresentação da proposta de compreensão de direitos humanos em travessia como parte deste debate entre ética é ciência.    Reflections on ethics and science: essay in the context of the Covid-19 pandemic This essay presents reflections to thematize a certain understanding of science and ethics. It does this by recovering critical elements from both the one and the other, and particularly the relationship between them. The concerns are in the context of the processes of coping with the Covid-19 pandemic. It is in a critical position both to anti-scientific positions and also to those who are adherents to a certain way of understanding science as absolute. It seeks to escape the dilemma that falsely separates the debate between “anti-scientific denialism” and “primary scientism”. In addition to the contextual aspects, it seeks to present alternatives. In an essayistic tone, criticizes the concept of traditional science, presents an alternative concept of science, discusses critically the idea of progress, of procedures, among other aspects. He defends the proposal of a new science and a new ethics. The background is made explicit by the presentation of the proposed understanding of human rights in crossing as part of this debate between ethics and science. Keywords: Science. Ethic. Covid-19. Human rights.  

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.

Group Identities and Human Rights: How Do We Square the Circle in International Law?

2018 ◽  
Vol 75 (3-4) ◽  
pp. 94-106
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Human Rights Practice ◽  
Group Identities ◽  
Rights Discourse ◽  
Group Diversity ◽  
Human Rights Discourse ◽  
The Relationship

The identity of groups of an ethno-cultural variety has long fallen within the remit of internati­onal human rights law. In this context, discussions have been largely concerned with the legal status of groups and/or the nature of the legal right(s) in question. While acknowledging the importance of these dimensions, in this article I seek to provide an alternative account by dis­cussing the continuities and discontinuities in articulating the very concept of group identity. I first examine the potential, limitations and eventual hybridity of human rights practice across the spectrum of minority/indigenous identities. Then, I critique a range of instabilities in human rights discourse relating to the idea of group identities, their personal scope and the role of international law. I argue that such instabilities do not merely mirror the ambivalent outlook of the relationship between human rights and group identities; they raise the broader question of whether there is a relatively more coherent way to capture the legitimacy of group claims. I conclude by pointing to the outer limits of identity claims, the understated interplay of sove­reignty and inter-group diversity, and the need to unpack the reasons why certain groups merit protection in the way they do.

Human Rights and Reformist Islam

2020 ◽  
pp. 87-168
Author(s):  
Mohsen Kadivar
Keyword(s):  
Human Rights ◽  
Gender Discrimination ◽  
The Other ◽  
Religious Discrimination ◽  
Islamic Tradition ◽  
The One ◽  
The Relationship ◽  
Traditional Islam ◽  
Rational Classification

This chapter takes the form of a transcribed interview and consists of a reflection on the relationship between traditional Islam and the Universal Declaration of Human Rights and its related covenants, and provides a solution for making traditional Islam compatible with the idea of human rights. It critiques traditional Islamic approaches to the question of compatibility between human rights and Islam and argues instead for their reconciliation from the perspective of a reformist Islam. The chapter focuses on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments. Explaining the strengths of structural ijtihad, the author’s approach is based on the rational classification of Islamic teachings as temporal or permanent on the one hand, and four criteria of being Islamic on the other: reasonableness, justice, morality and efficiency. In the chapter, all of the verses of the Qur’an and the Hadith that are problematic in relation to the notion of human rights are abrogated rationally according to these criteria. The result is a powerful, solutions-based argument based on reformist Islam – providing a scholarly bridge between modernity and Islamic tradition in relation to human rights.

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