Homeland is Freedom

2012 ◽  
Vol 24 (1) ◽  
pp. 83-106
Author(s):  
Srdjan Cvetkovć ◽  

Mihajlo Mihcylov was not a dissident from the commmist movement, an outcast from the Communist Party, or a man from government structures destroyed in the purges as were the majority of victims during the Tito regime, Mihajlov's bold intellectual resistance to communist totalitarianism was that of a real dissident in Eastern Europe, while many in Yugoslavia served as a faqade of "liberal communism," An umompromising critic, Mihcglov remained in the shadow of the much better known Milovan Djilas, a former senior Commmist Party official who drew intemational attention, Mihajlov's resistance and spiritual breadth, seeking freedom of expression for people of different ideologies, from Serbian right-wing proponents to Croatian nationalists, Djilas and social-reformists, to ultra-left Informbureau sympathizers, testify to his consistent liberal-democratic attitude and Kantian paradigm that every person has the right to political thought and action ifit does not violate the same rights of other humans, A high degree of tolerance for ideological opponents as well as consistency of commitment to human rights and freedoms make him one of the few rebels with common sense so rare in this part of the world, Aleksandr Solzhenitsyn spoke of Mihajlov as a man who is a kind of spiritual beacon of anti-totalitarianism.

1981 ◽  
Vol 9 (1) ◽  
pp. 105-116
Author(s):  
Wolfgang Schlauch

Since the signing of the Final Act of the Conference on Security in Europe (CSCE) in Helsinki on August 1, 1975, the communist parties of Eastern Europe have been confronted with growing human rights movements from diverse individuals and groups. In the Soviet Union, so-called Helsinki Watch Committees were founded in 1976, in order to monitor the implementation of the Helsinki human rights provisions and those of the United Nations Universal Declaration of Human Rights. In Czechoslovakia, the human rights movement was coordinated by the publication of “Charter 77” in January 1977, which, like its counterpart in the Soviet Union, asked its government to comply with the Helsinki human rights provisions signed earlier by the Prague government. “Charter 77” has been signed by more than a thousand individuals, many of whom have been arrested or terrorized by the Secret Police. In Poland, the “Committee for the Defense of the Workers” (KOR) was founded after the June 1976 uprising of Polish workers in Ursus and Radom. The Committee's purpose was to provide legal and financial aid to those workers subjected to the Party's repression and physical terror for having participated in the June uprisings. KOR also criticized the government's violation of fundamental rights, such as the right to work, freedom of expression, and the right to participate in meetings and demonstrations. Again in 1980 during the Polish workers’ strikes, KOR under the leadership of Jacek Kuron assisted the strikers. They denounced the decline of the Polish Communist Party's credibility and the complete collapse of communication between rulers and the ruled. Even Hungary and Rumania have experienced the emergence of individuals and small groups who either want their governments to observe the human rights provisions, or who support human rights movements in other eastern European countries.


Author(s):  
Guido Raimondi

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.


Author(s):  
Allan Hepburn

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.


2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.


2019 ◽  
Vol 24 (2) ◽  
pp. 315-337
Author(s):  
Cristiani Pereira de Morais Gonzalez ◽  
Maria Creusa De Araújo Borges

A partir de uma pesquisa teórico-normativa e descritiva, busca-se descrever a Educação em Direitos Humanos (EDH) na educação básica, que está traçada na 1ª fase do Programa Mundial para Educação em Direitos Humanos (PMEDH) e no Plano Nacional de Educação em Direitos Humanos (PNEDH). Consoante o primeiro, a EDH na educação básica é direito de todas as crianças, e prática educativa que deve ser desenvolvida nos sistemas de ensino primário e secundário; e, segundo o último, ainda, na comunidade escolar em interação com a comunidade local. Constata-se que a concepção de EDH contida nesses documentos é permeada pelo elemento da universalidade, havendo resguardo da diversidade quanto à prática.  Based on a normative and descriptive research, the goal is to describe Human Rights Education (HRE) in basic education that is outlined in the first phase of the World Program for Human Rights Education (WPHRE) and in the National Human Rights Education Plan (NHREP). According to first, HRE in basic education is the right of all children and the educational practice that must be developed in primary and secondary education systems; and, according to latter, still in the interation between the school community and the local community. It is verified that the concept of HRE contained in these documents is permeated by universality, protecting the diversity in the practice.


2018 ◽  
Vol III (I) ◽  
pp. 1-9
Author(s):  
Muhammad Rizwan ◽  
Manzoor Ahmad ◽  
Syed Asif Anwar Bukhari

Soon after its creation, Pakistan confronted many issues including refugee problem, scarcity of able political leadership, absence of mutual consensus between both wings of the country and confusing nature of the relationship between Islam and state etc. took almost nine years to frame the permanent constitution for Pakistan. Constitution, the basic document of a state, determines the shape of its laws, structure of governance and system of rights and duties. The effectiveness of a constitution is judged by its practicability in the given area where it is enforced by the state machinery. Although, all civilized states of the world do possess a constitution, yet a good constitution is one which must protect the basic human rights by ensuring the independence of judiciary. Due to countless hurdles at the beginning of its journey, Pakistan’s constitutional development in the right direction could not take place. The main objective of the present study is to provide deep insight into the events and factors causing a delay in the constitution-making for the newly created state of Pakistan. The various events which took place from 1947 to 1956 have been analyzed in a subtle way.


2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.


2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.


2013 ◽  
Vol 19 (2) ◽  
pp. 215 ◽  
Author(s):  
Mark Pearson

On 3 May, 2013, AUT University’s Pacific Media Centre marked the 20th anniversary of the UNESCO World Press Freedom Day with the inaugural event in New Zealand. The event was initiated by UNESCO’s Programme for Freedom of Expression, Democracy and Peace with the first seminar on ‘Promoting an Independent and Pluralistic African Media’ in Windhoek, Namibia, on 3 May, 1993. The journalists participating in that event drew up the Windhoek Declaration which highlighted that press freedom should be understood as a media system that is free, pluralistic and independent. They insisted that that this dispensation was essential for democracy and development. The Declaration became a landmark document in the fight for press freedom around the world. This address argues that new ethical codes of practice are now needed that are inclusive of serious bloggers and citizen journalists. The author of this address states: ‘The printing press spawned free expression’s offspring—the right of “press freedom”—as pamphleteers fought censorship by governments in the ensuing centuries. Events are unfolding much more quickly now. It would be an historic irony and a monumental shame if press freedom met its demise through the sheer pace of irresponsible truth-seeking and truth-telling today’.


2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.


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