scholarly journals El "molesto" derecho de manifestación

Author(s):  
Juan Manuel Goig Martínez

La participación de los ciudadanos en la vida política, social, económica o cultural del Estado constituye uno de los elementos definidores del Estado Social y democrático de Derecho, y esta participación no sólo se ejerce en los procesos electorales, sino que admite diversas vertientes, una de las cuales es a través del ejercicio del derecho de manifestación. La libertad de manifestarse, por lo molesta que es, y porque afecta al ejercicio de otros derechos o libertades, debe estar sometida a determinadas limitaciones, pero éstas deben de adoptarse con gran cautela, puesto que la imposibilidad de manifestación afecta directamente a los derechos de libre expresión y de asociación, a los que está íntimamente unida.The participation of citizens in the political, social, economic or cultural life of the State constitutes one of the setters of the Social and democratic State of law, and this participation is not only exercised in electoral processes, but it manifests itself in various ways, one of which is through the exercise of the right to demonstrate. The freedom to demonstrate, the annoying thing is, and that affects the exercise of other rights and freedoms, should be subject to certain restrictions, but these must be taken with great caution, since the impossibility of manifestation directly affects the rights of free expression and Association, to which it is closely linked.

2021 ◽  
Vol 14 (4) ◽  
pp. 2322-2337
Author(s):  
Maria Carolina Chaves de Sousa ◽  
Peter Mann de Toledo ◽  
Filipe Gomes Dias

At the beginning of the 20th century, urbanization and occupation of privileged spaces at the expense of “lowland” spaces and close to a floodplain. The “lowlands” were occupied by a population, mostly with socioeconomic needs, forming housing groups susceptible to flooding and flooding. To bring the recognition of rights to these occupants, a land regularization work was carried out by the Federal University of Pará - UFPA, together with public entities from the State and the Union. The article aims to present and compare the degree of socio-environmental vulnerability in the area of land C of UFPA in the municipality of Belém, object of land regularization activity, applying indicators and indices related to social, economic, legal and environmental issues. The results show that the degree of vulnerability is high in the years surveyed, concluding that the legal regularization work carried out in the area was only patrimonial, in order to transfer responsibilities for land use to the beneficiary residents and the recognition of the right of that title by law. . Effective land regularization work should involve a set of bodies responsible for the social, environmental, urban and land areas so that, in a concatenated and long-term manner, the work carried out is carried out so that the results are captured by the indicators and that the data decrease the degree of socio-environmental vulnerability in the studied area.


Author(s):  
MARTIN O. HEISLER

The presence of large semi-settled foreign populations in Western societies is at once a symptom of and an exacerbating factor in the problematic governance of these states. Domestic and international constraints preclude the reversal of most of the unforeseen and undesirable social, economic, and political consequences that have flowed from the narrowly conceived, short-sighted policies that gave rise to the migrants' presence. The nature of the state in the host societies and the political structures and policy processes that characterize their governments account for the miasma in most of them. The nature of the less modern, less democratic state that typifies the countries of origin contributes to their present and even greater prospective policy binds and the problematic life conditions of many of the migrants. While it is expedient for each of the three classes of actors—receiving states, sending states, and migrants—to nurture the myth of return, learning to live with the resulting indeterminacy presents great challenges to all and may require, in particular, rethinking what modern democratic states are about.


Author(s):  
Olesia Drozdovska

In the article, Artym Khomyk’s linear biography is supplemented by little-known facts about his public and creative activities. The schol arly interest to his writings and journalistic heritage is emphasized, specifically, that of published in the journals «Volia» (Vienna, 1919―1921s) and «Na Perelomi» (Vienna, 1920). Three periods of A. Khomyk’s life and creative activities have been etermined: Galician, Great Ukraine (so-called Naddniprianskyi) and Viennese. His productive journalistic activities in 1917―1918s, yet remaining out of the scholarly discourse, have been noted. It has been elucidated that besides the daily «Vidrodzhennia» (Kyiv, 1918)’s cooperation, he collaborated with newspapers «Nove Slovo» (Vinnytsia, 1918), «Poltavska Hromada» (Poltava, 1918) and «Ukrainska Respublika» (Kyiv, 1918). Approximately 40 authorized journalist’s texts have been identified and introduced into scholarly circulation. It has been accentuated A. Khomyk was the author of unsigned editorials in the daily «Vidrodzhennia». His creative heritage is represented by articles on topical issues of the political, social, economic and cultural life of the UNR (Ukrainian People’s Republic (of the periods of the Ukrainian Central Council and Directory) and the Ukrainian State of Hetman P. Skoropadsky. It has been established that his brother, the journalist Oleksandr Khomyk’s contributions, was published (under the pseudonym «A. Zhabchenko») in the newspaper «Ukrainska Trybuna» (Warsaw, 1921). It has been proved that the periodicals «Vilne Zhyttia» (Odessa), «Narodna Volia» (Olyphant), «Svoboda» (Jersey City), «Ukrainskyi Holos» (Winnipeg), «L’Europe Orientale» (Paris) featured reprints of the A. Khomyk’s publications from the daily «Vidrodzhennia» and the weekly «Volia». During the Viennese period, besides contributing to the magazines «Volia» and «Na Perelomi», he collaborated with the magazine «Smikh» (probably his publications were signed by the pseudonym «A. Nekhomyk ») and the newspaper «Borotba». A. Khomyk is one of the many figures of the Ukrainian journalism giving all their creative energy to help the audience to gain guidance in the turbulent developments of that period and to choose the right vector for the development of Ukrainian statehood during the Ukrainian Revolution of 1917―1921s. The entire complex of his journalistic and publicistic heritage deserves being an object of separate scholarly research. Keywords: Artym Khomyk, linear biography, journalistic and publicistic activities, newspapers «Vidrodzhennia», «Nove Slovo», «Poltavska Hromada», «Ukrainska Respublika».


2020 ◽  
Vol 16 (3) ◽  
pp. 375-396
Author(s):  
Bachuki Tsanava ◽  

The article is devoted to the concept of the political in the philosophy of English thinker Thomas Hobbes (1588–1679). The author points out the key concepts for understanding the concept of the political in Hobbes’s philosophy, such as the method of his philosophy, anthropological views, and the idea of the state of nature. The author describes the philosopher’s thought path toward the concept of the political, beginning from his attempt to overcome the shortcomings of contemporary philosophy and the desire to create a science of politics, based on rational deliberation. Hobbes contrasts elocution with his method of searching for political truth based on reason because there is more harm than good done to the state by elocution. In the hands of selfish and vain individuals, elocution turns into an instrument for achieving personal goals rather than the common good. Hobbes’s anthropological views allow him to describe all the horror and injustice in the state of nature, in which any selfish, but reasonable person, using the right method will come to the idea of the need to establish a state. The author notes that the concepts of vanity and fear occupied a particularly important place in Hobbes’s philosophy, since they are the reasons for the collapse and creation of states. Thus, the concept of the political in Hobbes’s philosophy is inseparable from deliberation based on reason, since without it selfish individuals cannot hear the voice of reason, establish the Leviathan, and proceed to the political condition. The social con- tract, obtained as a result of rational deliberation of egoistic individuals, represents the pinnacle of the political because neither the political condition nor citizens existed before it.


Author(s):  
Valeriy Heyets

At the end of the XXth century, in the countries of the former socialist camp, the capitalist reforms of the fundamental content of the principles of ensuring the right to liberty were carried out, including the economic one, that was realized in accordance with the existence and protection of the rights for a private property. This choice was made because there was a fundamental desire to overcome the dependence on the leadership of the political sovereign, which, in fact, ensured the receipt of «rents» through the implementation of a centralized management system on a planning and distribution basis, restraining the desire to gain freedom by providing opportunities for self-realization. In place of the ideology of the political «sovereign», the new ways of human activity coordination had to come, based on the principles of the ideology of liberalism. At the initial stages of reforms, the problems of institutionalization of activity of both the state and business, remained out of attention, since freedom was «above all».Capitalism, that develops without control and restrictions, is guided by a single criterion - by the private interest of the strongest and remains hostile to any form of public interest of the majority. At the same time, the development of the social institutions requires the formation of an institutional space for the implementation of the civic initiatives and the protection of freedoms from the manifestations of power and the weakly controlled monopoly organized business in the limitation of the civic activity. For this reason, in the process of development of society, the state should establish the long-term social mechanisms not only to consolidate the new spirit of capitalization and further economic growth, but also development through the social mechanisms of the social space that will not break, but will stabilize the society on the basis of the social values.


2020 ◽  
Vol 9 (01) ◽  
Author(s):  
León Felipe Morales Ariza ◽  
José Antonio Morales Notario

The Mexican Constitution establishes that everyone has the right to health protection and therefore, the law itself will define the bases and modalities for all to have access to health services. However, not everyone has access to quality medical services despite being in the supreme regulation. The State must understand that any alteration to health generates social security problems, mainly due to its consequences. The right to health is inalienable and does not distinguish between the social, economic, cultural or racial status of the individual. And, by stablishing it as a constitutional regulation, it amounted to an obligation of the State, which must provide quality services for all the society.  There are cases in which the right to health is violated, such as obstetrics, where pregnant women suffer the consequences of bad practices, or where minors are involved and their human rights are violated. We must focus our attention in the fact that their neglect has serious consequences and their impact generates human conditions that affect the dignity of the human being.


2019 ◽  
Vol 79 (2) ◽  
pp. 521-533 ◽  
Author(s):  
Quang Hung Nguyen ◽  
Nikolay N. Kosarenko ◽  
Elmira R. Khairullina ◽  
Olga V. Popova

Christian missionaries found Vietnam a spiritual country, and many Vietnamese converted to Christianity. On the other hand, during history, the Christian religious identity has brought various tensions due to the issues of colonialism, nationalism, and communism. Most Vietnamese Christians lived in pure Christian villages (lang cong giao toan tong) or mixed villages with Christians accounting for about a half of the population (lang cong giao xoi do). They have played an important role in the social, economic and cultural life of these villages. This article presents the historical background of a mixed village called Phung Khoang, contrasting the Christian vs. non-Christian cultural-religious views, and then discussing both the collaboration and tension played out over various historical periods.


Author(s):  
Roberts Kennedy

Corruption is not a new crime, but a very quaint old crime. Corruption does not only happen in Indonesia, corruption also occurs in other countries. In fact, this is now regarded as corruption is an international problem. Combating corruption always get more attention than other crimes. In general, these criminal acts are not only result in losses to the state (state finances), but may result in a very broad impact, both in the social, economic, security, political, and cultural.


2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover


Author(s):  
Corey Brettschneider

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.


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