scholarly journals Penal Measures and Policies Governing the Phenomenon of Human Trafficking with a Look at International Documents

2016 ◽  
Vol 9 (6) ◽  
pp. 68
Author(s):  
Ahmad Purebrahim ◽  
Iraj Goldozian

Human dignity, and respect and commitment to it, is considered as one of fundamental principles of divine religions and international instruments on human rights. Benefit from valuable moral and theological virtues in order to provide of human growth and development exclusively is in the light of fundamental rights and the principle of preserving human dignity. Accordingly, today the concept of human rights and commitment to follow it in the international and national legal systems has a very important position. Rejection of all forms of exploitation humiliation and torture is one of the first underlying layer of human rights which known as negative human rights or social Don'ts. Although as the interpretation of the famous French philosopher Jean-Jacques Rousseau in the eighteenth century, human is born free but in the process of social life and adapting to social situations in different ways to be distracted from their pure nature. Countless people in the world today are subject to oppression, even are subject to varying degrees of slavery instances including humiliation and degradation and prostitution. This research attempts to analyze the irreparable consequences of this phenomenon on human society, and also to look beyond national and transnational criminal measures and policies on this phenomenon.

Author(s):  
Carozza Paolo G

This article examines the issue of human dignity in relation to human rights. It analyses the functions and principle of human dignity and its use in the Universal Declaration of Human Rights and other international instruments. It suggests that human dignity seems to help justify expansive interpretations of human rights and strengthens the centrality and importance of the right in question and limiting possible exceptions or limitations to that right. This article also contends that the difficulty of reaching greater consensus on the meaning and implications of human dignity in international human rights law may be attributed to the fact that it refers to both a foundational premise of human rights and to a principle that affect interpretation and application of specific human rights.


NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay

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.


Author(s):  
Melanie Studer ◽  
Kurt Pärli

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.


2021 ◽  
Author(s):  
Elinda dwi sari

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.


Author(s):  
Abdullah Haqyar

The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.


Author(s):  
Anna Laputko

It is analyzed that the secular assertion of human dignity, rights and freedoms in its practical plane in certain periods of human history has been and is a great challenge for Christian churches. It is studied that the Christian understanding of human dignity, balancing on the border of its theoretical proclamation and its practical implementation, served to promote the ideas of humanism, its ability to resist destructive, degrading manifestations of social life forms, in the dialectic of social and religious forms of life. It is shown that the dignity of the individual is inseparable from the understanding of his rights and freedoms, and therefore, the struggle for dignity and human rights is an integral part of the preaching of the truths of Christianity.


2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,


2018 ◽  
Vol 13 (1) ◽  
pp. 24-36
Author(s):  
I Made Budi Arsika ◽  
Ida Bagus Surya Dharma Jaya ◽  
Ni Gusti Ayu Dyah Satyawati

Penerbitan travel warning oleh suatu negara secara faktual berdampak pada tingkat kunjungan wisata ke negara yang dituju. Penelitian ini bertujuan untuk menganalisis mengenai praktik negara-negara, termasuk Indonesia, dalam menerapkan kebijakan travel warning. Selain itu, juga secara spesifik akan membahas korelasi antara kebijakan travel warning dengan eksistensi hak berwisata (right to tourism) dalam kerangka hak asasi manusia (HAM). Jenis penelitian ini adalah yuridis-normatif yang utamanya menganalisis peraturan perundang-undangan nasional Indonesia dan instrumen internasional yang relevan. Hasil penelitian ini menunjukkan bahwa praktik negara-negara dalam dalam penerbitan kebijakan travel warning menunjukkan variasi yang relatif beragam, terutama berkaitan dengan identifikasi risiko dan lembaga yang berwenang untuk menyampaikan imbauan perjalanan. Berkaitan dengan eksistensi hak berwisata (right to tourism) dalam kerangka HAM, kebijakan travel warning merupakan implementasi dari kewajiban negara untuk melindungi warga negaranya ketika mereka berada di luar negeri sekaligus merefleksikan tindakan negara untuk menjamin terpenuhinya hak-hak mendasar warga negaranya. Adapun pembatasan hak berwisata oleh negara sesungguhnya dilakukan dalam rangka menjamin terpenuhinya jenis HAM lain yang jauh lebih mendasar dibandingkan dengan pemenuhan hak berwisata yang justru masih dikategorikan sebagai HAM generasi ketiga dan eksistensinya masih diperdebatkan.The publication of travel warning by a country factually impacts the level of tourist visit to the destination country. This study aims to analyze the practice of countries, including Indonesia, in applying travel warning policy. In addition, also specifically will discuss the correlation between travel warning policy with the existence of rights of travel (right to tourism) within the framework of human rights (HAM). This type of research is juridical-normative which primarily analyzes Indonesian national legislation and relevant international instruments. The results of this study indicate that the practice of countries in the issuance of travel warning policy shows a relatively diverse variety, mainly related to the identification of risks and institutions authorized to deliver travel appeals. In relation to the existence of the right of tourism within the human rights framework, the travel warning policy is the implementation of the state’s obligation to protect its citizens while abroad while reflecting the state’s actions to ensure the fulfillment of the fundamental rights of its citizens. The limitation of travel rights by the state is actually done in order to guarantee the fulfillment of other types of human rights that are far more fundamental than the fulfillment of travel rights that are still categorized as third-generation human rights and its existence is still disputed.


2017 ◽  
Vol 1 (2(2)) ◽  
pp. 25-36
Author(s):  
Jana Pecnikova

Values have played a major role in the creation and formation of the European cultural space. It was Europe, a continent found at the forefront of ideological, cultural, social and religious revolutions that was involved centrally in continual searching and re-evaluation. Cultural values are not regarded only as a result of a moment of artistic activity with such values having played a key role in the evolution of human society. However, they are still being misused in a period of technical revolution, in a similar manner to the past, when values were misused by ideologies opposing human rights and human dignity. The aim of this analysis is to show the position of freedom as one of the democratic values in contemporary society, one described as a civilization with high level of risk and danger, along with a very visible crisis of trust and responsibility, termed as a crisis of values and cultural slavery.


Author(s):  
Olga Dorul ◽  
◽  
Doina Cazacu ◽  

Human dignity is a criterion of appreciation among people, because each of us wants dignity, it comes from our own nature, but it can be achieved in the community of which we are part. Throughout the existence and development of mankind, there have been various situations in which, however, human dignity has been violated. These situations, in turn, in addition to making the problem visible, served as a pillar for inventing new areas of protection of human dignity, such as: from the perspective of unbearable social conditions and the marginalization of poor social classes; unequal treatment of women and men at work; discrimination against foreigners and cultural, linguistic, religious and racial minorities; brutal expulsion of illegal immigrants and applicants today, disability, medicine, etc. In light of such specific challenges, various aspects of the significance of human dignity arise from the multitude of experiences of what it means to be humiliated and deeply hurt. All these have taken to a new level the perception of human dignity and have generated, depending on the stated problem, different legal, international instruments meant to protect the dignity of human being.


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