inalienable rights
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2021 ◽  
Vol 18 (1) ◽  
pp. 6-19
Author(s):  
Steven G. Kellman

Adopted by the United Nations in 1948, the Universal Declaration of Human Rights is, according to the Guinness Book of World Records, the most widely translated document. However, versions in 419 languages are not conceived as translations but equivalences, alternate embodiments of identical tenets. The Bible has been rendered into numerous languages, but the Hebrew and Greek originals possess authority that English, Bengali, and Xhosa derivatives do not. The Bible is translated, but the UDHR is, through the theology of international governance, transubstantiated into multiple tongues. No version has priority; each is equally valid, transparent, and interchangeable. The utopian premise is not only that all humans possess inalienable rights but also that all languages express the same principles. The document’s title, the Universal Declaration of Human Rights, might seem a solecism, a misplaced modifier. Surely, it is human rights that are universal, not the declaration. However, the UN insists that all versions (at least in the original official languages) are equally binding. It rejects Whorfian notions that particular languages enable particular thoughts and embraces languages as neutral tools whose specific manifestation is irrelevant. Arguments against imprisoning writers in Burma could appeal equally to the authority of either the Universal Declaration of Human Rights or la Déclaration universelle des droits de l’homme or Всеобщую декларацию прав человека or la Declaración Universal de Derechos Humanos or 世界人权宣言. Rather than the Babelian myth of an Ur-Sprache before hubris scattered us into mutual unintelligibility, the UDHR endorses a Chomskyan belief that all languages can express the same thoughts. Yet differences among versions of Article 1 (“All human beings are born free and equal in dignity and rights”) are not trivial; dignity is incommensurable with Würde, αξιοπρέπεια, dignidade, waardigheid, or достоинства. The UDHR is a translingual text shaped by the languages of framers and translators.


2021 ◽  
pp. 32-42
Author(s):  
Elżbieta Feret

As it results from the assumed, rather unorthodox title,due to the desire to link the issues of artificial intelligence with financial and legal aspects, the groundwork of the considerations will be a demonstration of the impact and effect of the former on the budget system in Poland. Such an approach to artificial intelligence, increasingly common, but also raising doubts and even fears, should be considered extremely important, although not sufficiently described so far. Noticeable and tangible is the influence of widely understood artificial intelligence both in the professional and private life of every man. These issues are increasingly discussed in various aspects of human life primarily in terms of showing the actual place of a human person and their inalienable rights in the future, the rules for their protection and the liability for acts committed by artificial intelligence products. In the conducted considerations, however, there isa clear lack of studies related to financial and legal aspects, more specifically budgetary aspects, of the functioning of artificial intelligence. Meanwhile, its very fast development is conditioned by financial resources. This issue is quite obvious in the case of private funds where the entity instituting creation or functioning of artificial intelligence determines the amounts of financial resources, and depending on the needs, it grants appropriate sums for its development. However, it takes on a completely different dimension in relation to public funds contained in the budget, which, as a rule relates its spending to the implementation of public tasks. In this case, artificial intelligence can be financed as long as it can be shown to be related to the implementation of such tasks. Due to the very complex issues, this study should be seen as a basis for conducting further, much deepenedscientific studies.


InterConf ◽  
2021 ◽  
pp. 209-215
Author(s):  
Yerkin Abil

Many participants in the anti-Soviet uprisings of the Kazakhs have not yet been rehabilitated. The obstacle to this is the norms of the laws of the Republic of Kazakhstan, which do not allow the rehabilitation of persons who participated in armed struggle and murders of representatives of the authorities and the military. At the same time, in international and national law there is such an institute as jus resistendi - the right of resistance or the right to rebellion. This legal institution enables the rehabilitation of participants of anti-Soviet uprisings due to the recognition of their natural and inalienable rights.


Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 33-86
Author(s):  
Trudy Huskamp Peterson

On 10 December 1948 the Third General Assembly of the United Nations adopted the Universal Declaration of Human Rights: a universal declaration, not a United Nations declaration. The Preamble of the Declaration begins by proclaiming that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. As archivists know, the nexus between human rights and archives is strong and complex, because records are essential both to protecting these rights and to obtaining recourse when these rights are violated. This essay illuminates some of the relationships of records to rights, looking at each of the 30 Articles in turn.


2021 ◽  
pp. 30-36
Author(s):  
Sofiia HALCHENKO ◽  
Bohdan KOTENKO ◽  
Daniil TERESHCHENKO

Introduction. Today, the issue of administrative and legal status of foreigners is very important because our country needs clearer and more regulated legislation, which will not allow such phenomena as illegal migration, abuse of rights of foreigners in our country, non-compliance with duties, which leads to a violation of the law. In turn, the legislation must meet all requirements and not violate well-known human values and freedoms, so it is subject to change to improve the life of every person, regardless of his position in the state. Scientific research on foreigners and their legal and social status has been done by many researchers. Among them are such scientists as L. Voevodin, M. Inshin, T. Kirilova, M. Matuzov, M. Vitruk, O. Skakun, M. Mochulska., V. Marchenko, T. Drakokhrust, V. Zui, I. Boyko, et.al. The purpose of the paper is to study the administrative and legal status of foreigners in Ukraine, to compare Ukrainian legislation with the international standards, to analyze statistics and court practice on issues of foreigners, to analyze of scientific approaches to understanding the concept of “foreigner”. Results. With the proclamation of Ukraine as an independent state, the issue of the legal status of foreigners has become quite relevant and often studied among researchers. Certain gaps in the legislation create some problems of interaction between the country and foreigners, which can lead to restrictions on the inalienable rights and freedoms of foreigners. The paper analyzes the legal status of foreigners on the basis of research by scholars and legislation for a broader understanding. In addition, ways to solve problems are suggested in this work. The paper analyzes the case law as an example of how gaps in the legislation affect the process of expulsion or return of foreigners. Conclusions. After analyzing the current legislation on the rights and freedoms of foreigners and stateless persons, it can be stated that the rights and freedoms of foreigners and stateless citizens almost completely coincide with the rights and freedoms of citizens of Ukraine. Although foreigners are subject to individual restrictions on entry into Ukraine and the possibility of returning and forcibly expelling foreigners and stateless persons from Ukraine, such measures are used solely to protect the Ukrainian people and cannot be used unreasonably. It is important for every foreigner to be able to defend their rights and appeal to higher authorities in accordance with international standards. In practice, return and expulsion procedures are not always carried out effectively, which can lead to a significant delay in the procedure, which indicates that the implementation of these measures by special bodies is not yet perfect. Based on statistics and a review of current realities, we conclude that now is the right time to modernize the mechanisms for cooperation between special bodies and foreigners and give foreigners a wider range of rights before joining the EU and after Covid-19 time.


2021 ◽  
Vol 5 ◽  
pp. 28-33
Author(s):  
Anastasia A. Kochneva ◽  

Absolute legal relations as a conflict of laws phenomenon require in-depth analysis and classification in order to ensure the most effective state of their protection. In the present article, the author raises the question of the general orientation of absolute legal relations, as well as the possibility of their differentiation into general and specific ones. The author examines their classification types depending on their belonging to private or public law; depending on the specifics of the object and its influence on the dynamic and static components of absolute legal relations; depending on the branch of law; depending on the purity of the nature of the absolute legal relations themselves. The author also analyzes the expediency of identifying quasi-absolute legal relations. The importance of resolving the issue of the correct classification of absolute legal relations is dictated by its influence on the degree of legality and guarantee of the process of realization of absolute and inalienable rights of the individual.


Author(s):  
Abdul Munir Ismail Et.al

  Purpose: Studies have shown that employees performing prayers at workplaces has raised several controversial issues relating to their working performances. As such, this study was carried out to examine Muslim workers’ perceptions of the positive impacts of performing obligatory prayers at their workplaces. Methodology: This study was based on a quantitative approach using an online survey based on Google form through which 200 Muslim workers, whose ages ranged from 18 to 50 years, were randomly selected to be the respondents. The Statistical Package for the Social Science (SPSS) (version 23.00) was used to analyze the data descriptively in terms of frequency and percentage. Findings:Revealingly, the findings showed that most Muslim workers perceived performing obligatory prayers had significant impacts on making them more disciplined, punctual, able to work more independently, productive, and competitive. Equally revealing, they perceived strict observance of obligatory prayers had profound impacts on their perseverance to adhere to rules and to avoid committing a breach of trust. Such promising findings should inform employers the inalienable rights of Muslim employees to pray in their premises, which is enshrined in Malaysia’s federal constitution, and the positive impacts of prayers on their workers’ discipline, motivation, and ability, which collectively can help improve the productivity and profitability of their organizations. Significance:On a positive note, the above findings can help dispel several negative perceptions of some employers that Muslim workers performing prayers at workplaces will adversely affect their productivity, which was found in this study to be completely unfounded and untrue.


2021 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Nasren Abubakr Othman ◽  
Khaled Mohammad Salah

Marital alimony is one of the inalienable rights of the wife over her husband according to the correct marriage contract, and it is one of the effects of the marriage contract, and this alimony has great importance in marital life and a prominent role in the stability of the family, which is the basic building block of society. The alimony comes in exchange for the wife's obedience to her husband And devote herself to manage her home and rearing her children .In recent times, some doubts have been raised about the feasibility and justification of alimony, as some feminist organizations considered Feminism  it a means of humiliating women and a reason for the wife’s subordination to her husband.  So she demanded to be removed from the law.  The purpose of this research is to demonstrate the legal and legitimate basis for the issue of alimony, and the extent of the legislator’s authority to raise or amend it, with an indication of the legality and legitimately of the amendments made to the articles related to alimony in the Iraqi Personal Status Law under the Amendment Law No. (15) of 2008,  and it’s through  the statement of the verses, hadiths, and legal texts related to alimony, and the views of the jurists in their analysis and interpretation.


2021 ◽  
Vol 4 (1) ◽  
pp. 174-179
Author(s):  
Howard A. Palley

Abstract The Declaration of Independence asserts that “All men are created equal, and that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Nevertheless, the United States, at its foundation has been faced with the contradiction of initially supporting chattel slavery --- a form of slavery that treated black slaves from Africa purely as a commercial commodity. George Washington and Thomas Jefferson, both of whom had some discomfort with slavery, were slaveholders who both utilized slaves as a commodity. Article 1 of our Constitution initially treated black slaves as three-fifths of a person for the purposes of apportioning representation in order to increase Southern representation in Congress. So initially the Constitution’s commitment to “secure the blessings of liberty to ourselves and our posterity” did not include the enslaved black population. This essay contends that the residue of this initial dilemma still affects our politics --- in a significant manner.


2020 ◽  
Vol 3 (3) ◽  
pp. 449-480
Author(s):  
Diego Santos Vieira de Jesus

O objetivo deste artigo é investigar como os regimes de não-proliferação de armas de destruição em massa influenciam a construção de confiança entre grandes potências e Estados acusados de não seguirem ou violarem compromissos incorporados em tais regimes ou que os abandonam na contemporaneidade. O argumento central aponta que a confiança construída entre tais atores é menor quando 1) não se oferece a atores acusados de violar regras estabelecidas a habilidade de formular e implementar decisões sobre resultados antes controlados por outros, em especial relacionadas à preservação de direitos soberanos e inalienáveis dos Estados; 2) não se busca criar sistemas de supervisão depois da implementação das decisões e do conhecimento sobre suas consequências, os quais sejam menos custosos para que os Estados os implementem; 3) se definem modos de interação menos flexíveis que criem orientações excessivamente específicas sobre o comportamento a ser adotado. Abstract: The aim of this paper is to investigate how the regimes of non - proliferation of weapons of mass destruction influence the building of trust between major powers and states accused of not following or violating commitments incorporated in such regimes or abandoned them in the contemporary world. The central argument shows that the trust between these actors is lower when 1 ) regimes fail to offer actors accused of violating established rules the ability to formulate and implement decisions on results previously controlled by others, in particular related to the preservation of sovereign and inalienable rights of states; 2) regimes do not create systems of supervision after the implementation of decisions and the knowledge of its consequences, which are less costly for states to implement them, 3) less flexible modes of interaction are created and very specific guidelines for the behavior are adopted.


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