Littérature scientifique sur le sujet « Democracy. natural right. human rights »
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Articles de revues sur le sujet "Democracy. natural right. human rights"
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Azuakor, Okwuchukwu. "Human rights and leadership in Africa: the Nigerian connection in Buhari Administration." UJAH: Unizik Journal of Arts and Humanities 20, no. 3 (2020): 151–75. http://dx.doi.org/10.4314/ujah.v20i3.9.
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Human Rights are moral norms or principles which describe certain standards of human behaviour. These rights are regarded under municipal and international law as natural and legal entitlements of all individuals and are thus protected. Such rights include right to life, right to social security, right to freedom of thought, right to freedom of speech, right to religious freedom, right to private property, right to democracy, right to gainful employment, etc. The United Nations Universal Declaration of Human Rights lists 30 of such rights. The Nigerian constitution also covers human rights. But leadership in Africa has many times been faced with issues of abuse of human rights; Nigeria not being an exception. This paper is interested in investigating the extent to which these rights have been respected or abused in Africa, but with special focus on Nigeria, and the Buhari administration as the special interest. The theoretical framework is the historical and the tools of enquiry are the critical, the analytical and expository. Recommendations include: evolution of solid political ideology of leadership couched on service for Africa by Africans, demolition of the cankerworm of tribalism in Africa/Nigeria, the elimination of religious fanaticism, education in ideal humanity from earliest childhood, etc.
 Keywords: Human Rights, Africa, Nigeria, leadership, Buhari administration
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Davenport, John. "How Lincoln Scooped Habermas." Res Philosophica 101, no. 2 (2024): 323–57. http://dx.doi.org/10.5840/resphilosophica20241012124.
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In opposing Stephen Douglas’s alleged popular right to choose a slave constitution, Abraham Lincoln developed a rudimentary conception of the normative presuppositions of democratic rights that prefigures the theory of popular sovereignty articulated by Jürgen Habermas. While Lincoln was influenced by a civic republican conception of natural rights, and referred to personal autonomy in arguing that some political choices violate the grounds of collective self-governance rights, both Lincoln—as read by Jaffa—and Habermas conceive human rights not as trans-political principles but as linking moral norms with the rule of law (or coordination through political power in general). The comparison shows that Habermas’s approach to the co-originality of civil liberties and democratic rights implies that legitimate secession, revolution, and primary constituent authority must be oriented toward creation of a just legal order. This enriched linkage approach explains why the right to democracy, like the right to basic liberty, is inalienable.
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Allen, Tom. "LIBERALISM, SOCIAL DEMOCRACY AND THE VALUE OF PROPERTY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS." International and Comparative Law Quarterly 59, no. 4 (2010): 1055–78. http://dx.doi.org/10.1017/s0020589310000448.
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In most of Europe, expropriation must comply with the standards set under European human rights law. Article 1 of the First Protocol (‘P1-1’) to the European Convention on Human Rights declares that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The European Court of Human Rights has stated that the right would be ‘largely illusory and ineffective’ if it did not guarantee full compensation in all but exceptional circumstances.1It is quite clear, however, that this was not the belief of at least some of the States that had signed it when it came into force in 1954. P1-1 makes no reference to compensation. An interference must be lawful, and in the public or general interest, but there is nothing that expressly requires compensation. Nevertheless, the Court has declared that any interference with the right to the peaceful enjoyment of possessions must strike a ‘‘fair balance’ between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights’,2and this means that expropriation without compensation that is reasonably related to the value of the property would normally violate the owner's rights under P1-1.3
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Gierycz, Michał. "The Crisis of Human Rights. On the Importance and Timeliness of their Catholic Critique." Chrześcijaństwo-Świat-Polityka, no. 28 (November 25, 2024): 74–92. http://dx.doi.org/10.21697/csp.2024.28.1.05.
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Human rights, as they developed after the Second World War, were intended to protect the objective goods necessary for the development of the human person. As such, they represented an attempt to restore modern politics’ access to the natural moral law. Although human rights are now treated as a “litmus test” for the legitimacy of democracy, their very nature is undergoing a metamorphosis. Along with demands for the recognition of abortion as a human right and same-sex relationships as marriage, they are even becoming a negation of a universal moral law. This article discusses, with reference to the Catholic critique of human rights, the possible reasons for the metamorphosis of human rights that is taking place before our eyes, as well as possible ways out of the “dead end” of the practical negation of human dignity.
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Koperek, Jerzy, Adam Koperek, and Abraham Kome. "TODAY’S THREATS OF HUMAN RIGHTS IN THE CONTEXT OF PROTECTION OF THE RIGHT TO LIFE." Scientific Journal of Polonia University 29, no. 4 (2018): 128–34. http://dx.doi.org/10.23856/2915.
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In the modern world protecting the right to life encounters various obstacles. Personalistic ethics encouraging attitudes pro vita is also taking the dialogue with contemporary philosophical and political currents, including those that do not accept the integral concept of man, but rather they are in favor of his reductionist vision, which in turn it lead to reduced ability to protect human rights, despite their proclamation as the rights of individuals.
 Appearing in this position „anthropological error”, it also leads to a reductionist vision of social structures such as family, society, nation or state. Moreover, such a vision of man and the world around him, it also determines the constitutional dimension of the state. Consequently, this leads to the creation and operation of various forms of democracy that instead create conditions for legal protection of the right to life from conception to natural death, legalize abortion and euthanasia. This is a serious contemporary threat to the right to life.
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XHAFERI, Abla. "Democracy and democratic freedom from a philosophical perspective." Jus & Justicia 15, no. 1 (2021): 114–27. http://dx.doi.org/10.58944/olyp9596.
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The system of democracy and freedom has been the ideal of human society stretching from antiquity to the present day. The purpose of this paper is, through research, to reflect within the limits of an article the concepts and attitudes of philosophers and thinkers of different periods regarding these basic elements of social life. In Antiquity, Plato, Aristotle, and Pericles did not have the same attitude towards democracy and governance. Later philosophers like Hobbes and Locke did not conclude in favor of democracy. John Locke and many other philosophers also pointed out the danger that comes to the minority from the “dictatorship of the majority”. Montesquieu supported the position of governing the people through his representatives. Rousseau initiated the theory of sovereignty as the basic condition for the creation of the democratic state, while Carl Friedrich addressed the basic requirements of democracy. Democracy in itself means a certain form of leadership or government, which is carried out in the name and interest of the majority. Democracy guarantees and harmonizes the duties and rights of the individual with those of society. The system of democracy undergoes constant changes in response to the requirements of the time. But in a true democracy, no right of a majority can be absolute. Therefore, the rules of a fair democratic game must be respected and the minority must, in any case, be guaranteed equal rights and opportunities so that, in the future, through free voting, in principle, a majority can be formed. The system of Western democratic standards includes not only the formal declaration of the principle of people’s sovereignty but also the institutionalization of human rights and the creation of real conditions for the people’s wider and more effective participation in the running of their state. The experience of democratic life raises constant demands for the deepening of democracy, which involves very important problems. People’s relations with freedom have been and remain the subject of philosophical studies, about which different opinions have emerged. Spinoza did not accept the restriction of freedom of thought and speech. Loku divided it into natural freedom and freedom in society. For Montesquieu and Rousseau, freedom was the right to do everything lawfully. Kant linked the limits of freedom with the good of the general, while for Niestche, freedom is the will for the independence of unique thoughts on existence.Today’s freedom and human rights theories focus on inclusive participation in social life.
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Chepurchenko, T. O. "Human rights in a democratic society." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 270–76. http://dx.doi.org/10.33663/2524-017x-2021-12-45.
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The basic law of our state, which has constitutionally declared itself to be legal and democratic, contains a provision according to which a person is recognized as the highest social value. In view of this, the article characterizes the understanding and content of human rights in a democratic development. It is noted that democratic values are based on human rights and freedoms, which are an integral part of law and legislation. The law must be legal. It is not so if it contradicts fundamental human rights: it does not reflect natural and legal principles; does not comply with generally accepted international legal principles and norms on human and civil rights, etc.These aspects characterize the content of human rights in a democracy. It is emphasized that democracy is first of all a system of carefully prepared and strictly observed laws that regulate all spheres of life of the state, guarantee the rights and responsibilities of citizens. Therefore, the development and strengthening of a democratic, social, legal state is impossible without the establishment of human rights and freedoms. The existence of human rights and freedoms and their guarantee are a kind of external method of limiting power, which always seeks to self-expand and strengthen its presence in all spheres of human life. Under the normal interaction of power and law, which is quite natural in a democratic society and state system, thereis their mutual enrichment. It is then that the provisions and formulas on the «rule of law», «rule of law», «rule of law» acquire real significance. A political regime will be democratic only if it represents the interests of the general population. The political elite must rule in the interests of the majority of society, not for the benefit of the privileged minority. Democracy is based on the value of every human being, so it strives to create civilized living conditions for all citizens. In conclusion, the thesis is emphasized that human rights are a universal category that originates from the very nature of man and his ability to enjoy the basic, most important benefits and conditions of safe, free existence of the individual in society. Keywords: power, democracy, democratic values, law, rule of law, human rights and freedoms.
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Eleanora, Fransiska Novita, and Andang Sari. "HUMAN RIGHTS AND LAW ENFORCEMENT." Lambung Mangkurat Law Journal 4, no. 1 (2019): 114–21. http://dx.doi.org/10.32801/abc.v4i1.83.
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Humans born into the world have declared their rights and natural rights as gifts from the Almighty, God and every State must recognize them as legal subjects who must always be respected and protected to realize human values well. Therefore; no one can or can act negatively, including the state or even the authorities or the government. Conceptually, a country that is expected to realize it is only a legal state that is considered legitimate and adheres to the notion of democracy, namely democracy will become a rule and law. The realization of the rule of law is to take action against perpetrators who are proven to have committed crimes and human rights violations. This paper explains that there are still many cases of gross violations of human rights that have not been clearly revealed and the perpetrators have not been given appropriate punishment, by giving sanctions to the perpetrators, so that law enforcement is not realized. The embodiment of the rule of law is that it can capture cases of gross violators of human rights and convict the perpetrators in accordance with the laws that apply in accordance with the characteristics of the rule of law. The problem is whether law enforcement has been realized especially in human rights violations and can be resolved through negotiation, conciliation and mediation.
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Taylor, Leonard. "Catholic Cosmopolitanism and the Future of Human Rights." Religions 11, no. 11 (2020): 566. http://dx.doi.org/10.3390/rel11110566.
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Political Catholicism began in the 20th century by presenting a conception of confessional politics to a secularizing Europe. However, this article reveals the reworking of political Catholicism’s historical commitment to a balance of two powers—an ancient Imperium and Sacerdotium—to justify change to this position. A secular democratic faith became a key insight in political Catholicism in the 20th century, as it wedded human rights to an evolving cosmopolitan Catholicism and underlined the growth of Christian democracy. This article argues that the thesis of Christian democracy held a central post-war motif that there existed a prisca theologia or a philosophia perennis, semblances of a natural law, in secular modernity that could reshape the social compact of the modern project of democracy. However, as the Cold War ended, human rights became more secularized in keeping with trends across Europe. The relationship between political Catholicism and human rights reached a turning point, and this article asks if a cosmopolitan political Catholicism still interprets human rights as central to its embrace of the modern world.
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Т., Kotenko. "The formation of human rights and freedoms in the teachings of philosophers of ancient Greece and Rome." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 127–33. http://dx.doi.org/10.33663/2524-017x-2020-11-23.
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The article deals with the historical stages of the creation, development, and formation of a human rights institute. The ideological and theoretical heritage of Ancient Greece and Rome, which is the basis for the study of ideas about justice, social equality, and human freedom, is analyzed based on the analysis of the fundamental ideas of the most famous thinkers of antiquity. It was the philosophers of antiquity who initiated the concept of "natural law", which was formed over the centuries by the desire of man to understand the world, determine his place in society and politics. From the time of antiquity, the concept of human rights gradually began to emerge; Subsequently, the concept of equality, freedom of person, person, and citizen were formed. Ancient philosophers came up with the idea of law in general and the idea of human rights under the requirements of their time and conditions of social development. Over time, the ancient perception of social equality, justice, dignity, independence, and freedom of man became the starting point and benchmark of European political culture. The early period of the development of political and legal doctrines in ancient Greece is associated with the time of the formation of ancient Greek statehood. It was at this time that an attempt was made to give rationalist ideas about ethical and legal order in human affairs and relations instead of mythological ones. It should be noted that ancient Greek views on human rights were formed in mythological ideas about the origin of policies and divine justice. That is why rights come from the divine order of justice, which became the basis for the category equality. Only what corresponded to the concept of equality (within the concept of justice) was understood as right. In ancient Greek politics, customs and mono-norms gradually transformed towards protecting the dignity of citizens. The polite democracy gave impetus to the emergence of freedom, which promoted the emergence of equal political rights among the citizens of this policy. In the Greek city-state, the law first emerged as a specific phenomenon, and the life of the policy began to be compulsory for everyone. Subsequently, the Pythagoreans (VI –V centuries BC) formulated an important role in shaping the idea of legal equality and justice, using numerical proportions, that is, the ratio of certain parameters. The provision that "fair is to pay another equal" essentially introduces the coupon principle. Subsequently, this reflected Solon (7th-6th centuries BC) in his reforms. It eliminated debt slavery and, as a result of the compromise between nobility and demos, introduced a moderate censorship democracy in Athens. All citizens of the policy should equally be protected by the law and obey its mandatory rules (1). Recognized the law as a requirement of legal equality of free citizens of the policy, slaves did not apply the legal rules. Equality was considered in two respects: equality in law and equality before the law. Developed by Roman lawyers provisions in which a person acts as a subject of law, determine the legal status of a person, establish the freedom and formal equality of people under natural law, define Roman citizenship as a special legal status of a person, the distribution of the right to private and public, etc. contributed to the awareness of legal the importance of human rights in the context of the systematic doctrine of the legal nature of the relationship between the individual and the state. Roman law, extending to a state which it regarded as the object of its study along with positive law, ensured a legal relationship between the state and the individual, which was crucial for the development of the institution of the protection of individual rights in the world at that time (14, p. 119). In relation to individuals, the state was not above the rule of law, but directly its component part, which has all the basic properties of a law. The basis of a just and legal relationship between the individual and the state recognized the law, not the state. The individual and the state must be law-abiding subjects of legal relations, that is, act according to the rules of law. Conclusion. To sum up, we can point out that the first theoretical developments and statutory provisions of the law go back to ancient times. The thinkers of Ancient Greece and Rome initiated the basic concepts of justice, equality, autonomy. It was then that ideas about political rights, lawmaking, democracy, and the personal responsibility of citizens were formed. However, freedom was not universal, it did not belong to slaves, and they were not the subjects of relations in the policy. The population of the policies was divided into different social and ethnic groups and accordingly had different legal status. Such inequality was the norm, so the priority was given to a policy or state that was enshrined in legislation. However, in Ancient Greece, there were also certain individual rights of citizens such as the right to speak; private property rights; the right to participate in government; the right to hold office; to participate in national meetings; the right to participate in the administration of justice; the right to appeal against illegal acts, etc. In Ancient Rome, this list was supplemented by the right to bargain, freedom of movement, the right of the people's tribune to veto, the ban on torture, the adversarial process of the lawsuit, etc. Keywords: Antiquity period, city-policies, human rights, legal equality, society, justice.
Thèses sur le sujet "Democracy. natural right. human rights"
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Blancas, Bustamante Carlos. "Democracy and Human Rights." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123518.
Texte intégralRésumé :
Human rights and democracy are, today, indissoluble elements of the political reality. However, there are differences of origin and function between the two notions that they can, eventually, cause tensions and difficulties, especially when we try to attribute to the “majority principle” unlimited powers, including the determination and configuration, even pejorative, of the fundamental rights. this risk comes from adopting a purely “formal” or “procedural” conception of democracy, so it is necessary to affirm a “substantial” notion of it, in which fundamental rights are recognized. On the one hand, as a limit to the state power, whatever the source of legitimacy of it, and on the other hand, as indispensable ingredients for the free exercise of political rights on which democracy is based.<br>Derechos Humanos y democracia son, hoy, elementos inseparables de la realidad política. sin embargo, entre ambas nociones existen diferencias de origen y de función las que, eventualmente pueden plantear tensiones y dificultades, sobre todo cuando se pretende atribuir al “principio de la mayoría” potestades ilimitadas, que incluyen la determinación y configuración, incluso peyorativa, de los derechos fundamentales. Este riesgo proviene de adoptar una concepción meramente “formal” o “procedimental” de la democracia, por lo que se hace necesario afirmar una noción “sustancial” de esta, en la cual se reconozca a los derechos fundamentales. Por un lado, como un límite al poder estatal, cualquiera que sea la fuente de legitimación de este, y, por otro lado, como ingredientes indispensables para el ejercicio libre de los derechos políticos en los quese sustenta la democracia.
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Myers, Christopher Matthew. "A Human Right to Democracy? A Response to Thomas Christiano." Ohio University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1588767554125995.
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Palaric, Bérénice. "Européanisme et synthèse culturelle dans l'œuvre tardive d'Ernst Troeltsch (1913-1923)." Electronic Thesis or Diss., Sorbonne université, 2024. http://www.theses.fr/2024SORUL109.
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L'œuvre tardive d'Ernst Troeltsch (1865-1923) est sous-tendue de part en part par son projet d'élaborer une « synthèse culturelle de l'européanisme ». Si ce dernier est resté inachevé en raison de la mort soudaine de Troeltsch le 1er février 1923, de multiples écrits le décrivent toutefois, bien que de façon fragmentaire. Cette thèse se propose d'en reconstituer l'intention fondamentale, en l'analysant notamment dans la perspective de l'histoire des idées. Il s'agit, d'une part, d'examiner le contexte socio-politique, intellectuel et philosophique de « crise » dans lequel ce projet a émergé et a pu apparaître à son auteur comme une « solution » - les défis liés à la défaite, à la démocratisation de l'Allemagne, la crise de l'historisme, la nécessité de surmonter le mythe du Sonderweg, etc. -, et de le situer ce faisant par rapport à d'autres propositions concurrentes, comme le « déclin de l'Occident » d'Oswald Spengler et le « cosmopolitisme des cercles culturels » de Max Scheler. Il s'agit, d'autre part, de comprendre la nature de l'objet conceptuel qu'est la « synthèse culturelle de l'européanisme », en analysant plus spécifiquement la relation entre ses deux pôles constitutifs. Pour ce faire, nous examinons notamment la « synthèse culturelle », la méthode pour la construire, le sujet qui doit la mettre en œuvre, ainsi que ses contenus, en prenant pour fil conducteur le rôle qu'y jouent dans leur détermination l' « européanisme », et corrélativement, le christianisme, son Doppelgänger. Il ressort alors de notre réflexion globale que le projet tardif de Troeltsch s'apparente à une herméneutique critique et une « téléologie de la volonté », qui s'engage pour une éthique de l'européanisme fondée à la fois sur la métaphysique personnaliste du christianisme et la figure de la Complexio oppositorum, entendue comme unité des hétérogènes<br>The late work of Ernst Troeltsch (1865-1923) is underpinned by his project to develop a ‘cultural synthesis of Europeanism'. Although this project remains unfinished due to Troeltsch's sudden death on February 1st 1923, it is nevertheless described in numerous writings, albeit in fragmentary form. This dissertation sets out to reconstruct its fundamental intention, analysing it particularly from the perspective of the history of ideas. On the one hand, it examines the socio-political, intellectual and philosophical context of ‘crisis' in which this project emerged and in which it could be thought of by its author as a ‘solution': the challenges posed by the defeat, the democratization of Germany, the crisis of historism, the need to overcome the myth of the Sonderweg, etc. It then seeks to situate it in relation to other competing proposals, such as Oswald Spengler's ‘decline of the West' and Max Scheler's ‘cosmopolitanism of cultural circles'. On the other hand, it aims to understand the nature of the conceptual object that is the ‘cultural synthesis of Europeanism' by analysing more specifically the relationship between its two constituent poles. To achieve this, it examines the ‘cultural synthesis', the method used to construct it, the subject responsible for implementing it, as well as its content, taking as a guiding thread the role played in their determination by ‘Europeanism' and, correlatively, by Christianity, its Doppelgänger. It ensues from the overall reflection that Troeltsch's late project can be conceived as a critical hermeneutics and a ‘teleology of the will', which is committed to an ethic of Europeanism based on both the personalistic metaphysics of Christianity and the figure of the Complexio oppositorum, understood as the unity of heterogeneities
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Liao, Fu-Te. "The legitimacy of limiting the right to freedom of expression in the jurisprudence of the European Convention on Human Rights." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297876.
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Fleming, John Irving. "Human Rights and Natural Law: An Analysis of the Consensus Gentium and its Implications for Bioethics." Thesis, Griffith University, 1993. http://hdl.handle.net/10072/365336.
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This work represents an attempt to see what measure of agreement exists on human values in the face of the radical disagreement in moral philosophy on fundamental human values, and a further attempt to see what would be the implications of these findings for bioethics. The thesis begins with looking firstly at the values that human beings appear to hold in the world community. Attention is paid to the range of human rights declarations, codes and statements of medical ethics, and beliefs of religious traditions. The methodology employed rejects an assessment of these documents in terms of dominant moral philosophies, seeking simply to identify the values held, their ubiquity in history, and the current attachment to those values. Those values are expressed in the twentieth century predominantly in terms of human rights. Chapter I discovers evidence of a consensus gentium on fundamental human values such as the right to life and the right to a reasonable standard of health care.<br>Thesis (PhD Doctorate)<br>Doctor of Philosophy (PhD)<br>School of Humanities<br>Arts, Education and Law<br>Full Text
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Barnes, Richard A. "Property rights and natural resources /." Oxford : Hart Publ, 2009. http://aleph.unisg.ch/hsgscan/hm00262927.pdf.
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Mwananyanda, Muleya. "Fumbling under the veil : access to information and democracy : the Zambian case." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1224.
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"The references above are illustrative of the fact that an effective right to information is significant to democracy and has an unequivocal basis in international and comparative human rights law. Although international jurisprudence in this area has been ambivalent, in this essay, a mounting body of evidence is produced in support of the proposition that Zambia, as part of the global village is under an obligation to gaurantee citizens a right to access information. ... The work is divided into five chapters. The first chapter introduces the subject and provides a general overview of the study. Chapter two addresses the theoretical framework and international standards in the area of access to information. Chapter three focuses on the South African context in detail and touches on the Ugandan freedom of information regime. The fourth chapter focuses on the situation in Zambia looking at the obvious gaps in relation to global trends as well as what Zambia could borrow from the South African experience and avoid from the Ugandan regime. The practice in terms of accessibility of public information is discussed, and chapter five is the concluding chapter with a summary of the findings in the foregoing chapters, as well as recommendations." -- Introduction.<br>Prepared under the supervision of Prof. Frederick Juuko at the Faculty of Law, Makerere University, Kampala, Uganda<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Chingore, Nyasha Constance. "Rethinking the right to vote: HIV/AIDS and its impact on electoral participation in sub-Saharan Africa." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1141.
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"Elections form a key component of democratic governance. Democracy denotes a political system that, among other things, allows citizens to freely choose their government over time through credible, legitimate and acceptable elections; a system which accords them adequate participation in national affairs and a system in which the national affairs are run in a transparent and accountable manner. Democracy as a concept rests upon the consideration that a political leadership in a country must be chosen through an electon governed by fair rules under which social groups and political forces may compete on equal terms. Research has shown that HIV and AIDS may have adverse effects on democracy in Southern Africa. Electoral systems, voter participation, electoral management and administration and political institutions are among the areas of democratisation most affected by HIV/AIDS. ... Chapter one introduces the topic, the research questions to be answered by the research and the research methodology. It also contains a brief literature survey of the research on this topic so far. Chapter two sets out the legal framweork, it gives an analysis of states obligations to ensure political participation based on international and regional standards. The rights of HIV/AIDS infected and affected persons to participate in government and the meaning of [the] right to vote is discussed. The application of the international law obligations to promote and fulfill [uman rights] are discussed and the question 'Do governments have a duty to set up special mechanisms to address the HIV/AIDS pandemic within the electoral context?' is answered. Chapter three is an examination of the relationship between HIV/AIDS and political participation. A brief overview of current electoral statistics and statistics of the trend of the HIV/AIDS pandemic are given. The chapter examines the possible reasons for lack of participation by HIV/AIDS infected and affected persons. Chapter four is a critical analysis of some responses that can be adopted to address the situation. It focuses on mechanical and structural reforms to the electoral process: amending electoral laws and policies to include postal, proxy and other special voting mechanisms; providing for specific legal obligations, for example to have mobile registration and polling stations, to ensure that there is a polling station within a specific distance so that people do not have to walk far and stand in long queues in order to vote. The failure to meet such obligations must have specific legal consequences. Chapter five suggests a more controversial reform of lowering the voting age to address the impact of HIV/AIDS on democracy and children. Chapter six [includes the] conclusion and recommendations." -- Introduction.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.<br>Prepared under the supervision of Dr. Naz K. Modirzadeh at the Department of Law, American University in Cairo, Egypt<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Sugahara, Juliana Wayss. "Implementation of conservation areas and the right of the human person to the balanced environment." Universidade Federal do CearÃ, 2014. http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=13142.
Texte intégralRésumé :
CoordenaÃÃo de AperfeÃoamento de Pessoal de NÃvel Superior<br>The right to a balanced environment, enshrined in CF88, is considered a fundamental right, in that it harnesses the dignity of the human person in order to protect the healthy quality of life of the human person. Although not conceptualise the environment, the CF88 (art. 225) gives the expression a comprehensive and systemic view, involving ecological, social, economic, spatial, cultural and political factors. Thus, the realization of this fundamental right presupposes Sustainable Development, adopted as a model for national development and condition for the exercise of human dignity. In this sense, derives from the right to a balanced environment a set of state and social duties of ensuring the quality of life, in a systemic perspective. Thus, the State has mechanisms and instruments that enable the promotion and execution of actions that search, among them, the establishment of protected areas (PAs), established in accordance with the methods and legal criteria of National System of Units Conservation of Nature (SNUG), to be mandatorily followed by the Government. As a system, the SNUG aims, ultimately, to safeguard the environment, therefore, set out to regulate article 225,  1, sections I, II, III and VII of CF88. However, it is commonly observed that the deployment of PAs, the natural factor (or ecological) prevails over the others. Thus, the research assumed that the deployment of PAs not adopt systemic constitutional model of sustainability, prevailing natural variable, which violates the fundamental human right to a balanced environment, which presupposes Sustainable Development. Through a holistic, interdisciplinary approach, the research aimed to examine whether the implementation of state protected areas in northeastern Brazil is effectively serving the purpose of ensuring the human right to a balanced environment. The study demonstrated dysregulation between legislation and environmental policy effectively held by public administration, so that the systemic constitutional model of sustainability is not adopted. The inefficiency of policy protection assumed does not follow the law, but the absence of coordinated actions in search of Sustainable Development.<br>O direito ao meio ambiente equilibrado, consagrado na CF88, à considerado um direito fundamental, na medida em que o atrela à dignidade da pessoa humana, visando a proteger a sadia qualidade de vida da pessoa humana. Embora nÃo conceitue meio ambiente, a CF88 (art. 225) atribui à expressÃo uma visÃo ampla e sistÃmica, que envolve fatores ecolÃgicos, sociais, econÃmicos, espaciais, culturais e polÃticos. Assim, a efetivaÃÃo desse direito fundamental tem como pressuposto o desenvolvimento sustentÃvel (DS), como modelo adotado para o desenvolvimento nacional e condiÃÃo para o exercÃcio da dignidade da pessoa humana. Com efeito, decorre do direito ao meio ambiente equilibrado um conjunto de deveres estatais e sociais de garantia da qualidade de vida, em uma perspectiva sistÃmica. Para tanto, o Estado conta com mecanismos e instrumentos que possibilitam a promoÃÃo e execuÃÃo de aÃÃes nessa busca, dentre os quais a implantaÃÃo de unidades de conservaÃÃo (UCs), instituÃdas de acordo com os mÃtodos e critÃrios legais estabelecidos no Sistema Nacional de Unidades de ConservaÃÃo da Natureza (SNUC), a serem imperativamente seguidos pelo Poder PÃblico. Como sistema, o SNUC visa, em Ãltima anÃlise, a salvaguardar o meio ambiente, porquanto se dispÃs a regulamentar o artigo 225,  1Â, incisos I, II, III e VII da CF88. Comumente se observa, todavia, que, na implantaÃÃo das UCs, o fator natural (ou ecolÃgico) prevalece em relaÃÃo aos demais. Desse modo, a pesquisa pressupÃs, desde a saÃda, que na implantaÃÃo das UCs nÃo se adota o modelo constitucional sistÃmico de sustentabilidade, prevalecendo a variÃvel natural, o que viola o direito fundamental da pessoa humana ao meio ambiente equilibrado, o qual tem como pressuposto o desenvolvimento sustentÃvel. Por meio de uma abordagem interdisciplinar e sistÃmica, a pesquisa teve como objetivo analisar se a implantaÃÃo de UCs estaduais na regiÃo Nordeste do Brasil està efetivamente atendendo ao propÃsito de assegurar o direito da pessoa humana ao meio ambiente equilibrado. O estudo demonstrou desregulaÃÃo entre a legislaÃÃo e a polÃtica ambiental efetivamente realizada pela AdministraÃÃo PÃblica, de modo que nÃo se perfilha o modelo constitucional sistÃmico de sustentabilidade. A ineficiÃncia da polÃtica de proteÃÃo assumida nÃo decorre da lei, mas da ausÃncia de aÃÃes coordenadas na busca do desenvolvimento sustentÃvel.
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Bosire, Conrad Mugoya. "A dry udder in the milk season? Natural resource exploitation in Africa: realising the right to economic benefit to host communities." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12676.
Texte intégralRésumé :
Natural resources and economic development in Africa take place within a set of
external and internal factors. These factors range from issues that prevail in the
international trading system, political factors and other issues that confront natural
resource exploitation and development.
Community participation in natural resource development in Africa should incorporate
direct economic benefit to host communities, in appropriate cases, as part of equitable
benefit and development. In advancing this argument, the research will answer the
following question:
Are there rights under international and regional human rights regimes that host or
local communities in Africa can utilise in order to advance their claim for direct
economic benefit from participation in natural resource exploitation?<br>Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of prof Tobias van Reeneen, Faculty of Law, University of Western Cape, South Africa.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2009.<br>http://www.chr.up.ac.za/<br>Centre for Human Rights<br>LLM
Livres sur le sujet "Democracy. natural right. human rights"
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Matlary, Janne Haaland. When might becomes human right: Essays on democracy and the crisis of rationality. Gracewing, 2007.
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Ibegbu, Jude. Right to democracy in international law. E. Mellen Press, 2003.
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Daruwala, Maja. Right to information: Touchstone for democracy and development. Edited by Transparency International Sri Lanka and Commonwealth Human Rights Initiative. Commonwealth Human Rights Initiative, 2011.
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Benhabib, Seyla. Is there a human right to democracy?: Beyond interventionism and indiffrence [sic]. Dept. of Philosophy, University of Kansas, 2008.
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Sri Lanka Foundation Institute. Convention. "Rights and right to participate: Demcracy, development, and human rights in post colonial Sri Lanka". Friedrich Ebert Stiftung, 2004.
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Rosenfield, Denis L. Reflexões sobre o direito à propriedade. 2nd ed. Elsevier, 2008.
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Brett, Annabel S. Liberty, right, and nature: Individual rights in later scholastic thought. Cambridge University Press, 1997.
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Côté-Harper, Gisèle. International cooperation for the development of human rights and democratic institutions: Report to The Right Honourable Joe Clark and The Right Honourable Monique Landry = Coopération internationale pour le développement des droits humains et des institutions démocratiques : rapport au très honourable Joe Clark et à l'honourable Monique Landry. s.n., 1987.
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Hegel, Georg Wilhelm Friedrich. Lectures on natural right and political science: The first philosophy of right : Heidelberg, 1817-1818, with additions from the lectures of 1818-1819. University of California Press, 1995.
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Partnery", TOV "KM. Pryrodni prava li︠u︡dyny: Pravo na myrne zibranni︠a︡ i︠a︡k sposib zakhystu pryrodnykh prav : problemy pravovoï kvalifikat︠s︡iï dii︠a︡nʹ, vchynenykh iz metoi︠u︡ zakhystu pryrodnykh prav. KM Partnery, 2014.
Trouver le texte intégralChapitres de livres sur le sujet "Democracy. natural right. human rights"
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Vardi, Moshe Y. "Resilience: The Key to Planetary and Societal Sustainability." In Introduction to Digital Humanism. Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-45304-5_24.
Texte intégralRésumé :
AbstractIn both computing and economics, efficiency is a cherished property. The field of algorithms, for example, focuses almost solely on their efficiency. A major goal of AI research is to increase efficiency by reducing human labor. In economics, the main advantage of the free market is that it promises “economic efficiency.” A major lesson from many recent disasters is that both fields have over-emphasized efficiency and under-emphasized resilience. Natural evolution, in contrast, navigates the trade-off between efficiency, which is crucial for short-term survival, and resilience, which is crucial for long-term survival.Two of the major risks facing humanity right now are the climate crisis and the crisis of democracy. We argue here that both crises stem from our narrow focus on efficiency at the expense of resilience. The key to planetary and societal sustainability is making resilience a primary consideration. Just like nature, we need to learn to navigate the tradeoff between efficiency and resilience.
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Benhabib, Seyla. "Is There a Human Right to Democracy? Beyond Interventionism and Indifference." In Philosophical Dimensions of Human Rights. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-2376-4_10.
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Chwaszcza, Christine. "Kelsen on Democracy in Light of Contemporary Theories of Human Rights." In Kelsenian Legal Science and the Nature of Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-51817-6_11.
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Madigan, Janet Holl. "Natural Right: The “Philosophic Quest for the First Things” in Plato and Aristotle." In Truth, Politics, and Universal Human Rights. Palgrave Macmillan US, 2007. http://dx.doi.org/10.1057/9780230604971_4.
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Olutola, Bamisaye. "The Right to Peaceful Assembly in a Chaotic Democracy: An Analysis of Nigerian Law." In Governance, Human Rights, and Political Transformation in Africa. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-27049-0_9.
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"Natural Right and Imposed Concepts of Man." In Human Rights Without Democracy? Berghahn Books, 2012. http://dx.doi.org/10.2307/j.ctt9qchb3.13.
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"Chapter 9 NATURAL RIGHT AND IMPOSED CONCEPTS OF MAN." In Human Rights Without Democracy? Berghahn Books, 2022. http://dx.doi.org/10.1515/9780857457875-010.
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Singer, Beth J. "Postscript: But I Have a Right!" In Pragmatism, Rights, and Democracy. Fordham University Press, 1999. http://dx.doi.org/10.5422/fordham/9780823218677.003.0010.
Texte intégralRésumé :
This postscript provides answers to the criticisms and questions to the author's previous book, summarizing the features of the theory presented in this volume. In characterizing rights as social institutions rather than as inherent traits of essential human nature, the author rejects the traditional concept of “natural rights.” The author argues that, where a right is operative, every member of the community has both the entitlement and the correlative obligation that make that entitlement a matter of right. Rights and their correlative obligations are social imperatives; they must be mandated by a community's social norms. Therefore, one who does not belong to a community in which a given set of rights-norms is operative would “not have” that right.
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Borràs, Susana. "Rights of Nature to Protect Human Rights in Times of Environmental Crisis." In Defending Human Rights and Democracy in the Era of Globalization. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-0723-9.ch010.
Texte intégralRésumé :
The well-being of humans and nature are inextricably linked. Nature is particularly mistreated in light of its characterization as merely “property” to be bought, sold, and ultimately degraded for profit. Reinforcing this misperception is the fact that modern environmental laws themselves implicitly accept this claim of “nature as property.” They legalize nature's destruction by dictating how much of the environment can be exploited and degraded, rather than as an integral ecological partner with its own rights to exist and thrive. Instead, we need laws grounded in the inherent rights of natural world to exist, thrive, and evolve. The article focuses on the transition from the ‘right to the environment' to a biocentric approach constructed around ‘rights of nature.' This transition is evident in various new legal instruments, which serve as models for legal systems that can steer us towards more robust and effective environmental laws.
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Romano, Cesare PR, and Andrea Boggio. "From the Universal Declaration to the Covenant on Economic, Social, and Cultural Rights." In The Human Right to Science. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780197768990.003.0003.
Texte intégralRésumé :
Abstract This chapter starts by telling the story of how, on the one hand, civil and political rights and, on the other, economic, social, and cultural rights ended up being codified in two separate treaties and how the right to science ended up lumped together with the right to culture in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Then, it proceeds to recount the debates and negotiations regarding the wording of Article 15 of the ICESCR. The long and often intricate history of the genesis of the right to science shows that first, it survived several attempts to be nipped in the bud, indicating that States intended to assert a right to benefit from progress in science and technology. Second, although the right to science ended up being lumped together with the right to culture in the same article, it was not subsumed to it. Third, the right to science was hobbled from the very beginning by a remarkable lack of clarity, due to its complex nature as a cluster of more precise rights. While States agreed that the benefits of science were to be shared, they struggled to explain what those benefits are and how they are to be shared. Lastly, during the foundational years, the question of whether science should be oriented toward any specific goal, such as progress, democracy, international peace, or cooperation, was particularly contested.
Actes de conférences sur le sujet "Democracy. natural right. human rights"
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EL ASRI, Fatima. "CITIZENSHIP EDUCATION: FUTURE CITIZEN FORMATION PROJECT." In VI. International Congress of Humanities and Educational Research. Rimar Academy, 2023. http://dx.doi.org/10.47832/ijhercongress6-6.
Texte intégralRésumé :
Today, no one denies that the progress and prosperity of nations is linked to the effectiveness of their educational system and its ability to keep pace with the accelerating tide of knowledge, and the large and rapid transformations in the technical and technological field. As well as its ability to open up to its social and economic environment. To achieve the desired development within the framework of democracy, which requires granting every member of society the competencies and capabilities that guarantee him, and qualify him to participate effectively in building society, and to exercise his rights and duties on a daily basis. Through education in all its formal and informal channels, by all social institutions entrusted with the socialization of individuals. Therefore, we decided to approach the topic of teaching “citizenship education”, through an article that includes an introduction and a set of paragraphs. For the introduction, it includes the methodological introduction to the article. While the first paragraph of this modest article is devoted to the process of rooting the concept of citizenship. Through the basic reference systems of liberal political philosophy: the state of nature – natural law – social contract, through an inductive as well as descriptive approach to the texts of “Spinoza” and “Locke”. We stood through them on the importance of theoretical and intellectual accumulation. Which contributed to the crystallization of an integrated philosophical systemic conception of the concept of the new man, certainly has nothing to do with the image of the old man and his theoretical references. The establishment of political philosophical concepts was not direct, but rather the demolition of the concepts that were the focus of centrist thinking and its first pillar, especially the concept of slavery, which the 17th century texts confronted with force in order to build a new concept for the sane and free human being (= citizen). As for the second paragraph, it is the fruit of the search for the concept of citizenship, its definitions, and its manifestations, which include two elements: the first relates to the basic responsibilities of citizenship (specific to individuals), and the second relates to the basic conditions for taking into account citizenship (specific to the state). While the third paragraph includes the dimensions of citizenship, its objectives, types, and its connection to the educational field, as a goal to advance the country and the citizen alike. Therefore, the fourth paragraph was devoted to the issue of citizenship education, by defining its multiple objectives and characteristics, with an emphasis on the conditions for the success of citizenship education and the appropriate methodology for it. As for the fifth paragraph, it includes education on citizenship through scrutinizing the concepts of education, citizenship, human rights….... Then we move in the sixth paragraph to an attempt to clarify the reality of teaching this subject, with its new concept based on human rights values, away from the institutional approach, which limits it to getting to know institutions and laws, and moves away from the basic role of the article, and this is to create a good citizen imbued with the spirit of citizenship. Which translated into noticeable and tangible situations and realistic practices that actually benefit education. In order to clarify the reality of teaching citizenship education, it was necessary to carry out a careful and in-depth study, to find out the extent to which teachers keep pace with reform, their difficulties, and their needs, when teaching the subject. We concluded that there are groups of difficulties, in theory and application, according to the necessity of training. This is what made us suggest a set of practices, emphasizing the active methods of education on citizenship and human rights, in which the learner is active in building his/her learning. Let’s end the article with a set of recommendations, suggestions and extensions
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HAJDINI, Bojana, and Ada GUVEN. "THE PURSUIT OF HAPPINESS AS A UNIVERSAL HUMAN RIGHT." In Happiness And Contemporary Society : Conference Proceedings Volume. SPOLOM, 2021. http://dx.doi.org/10.31108/7.2021.27.
Texte intégralRésumé :
The article aims to give a brief review of the concept of the pursuit of happiness, its’ meaning and the role of individuals and the state that can contribute to the achievement of individual happiness by providing the legal, financial, and institutional resources. Further the article analyze the first constitutions that specifically foreseen the pursue of happiness in their provisions and argued that constantly remind the public institutions of the intentions in respecting the natural, unalienable, and sacred human rights that are necessary for the maintenance of order and the happiness of all. In the last part of the article we have studied some of the modern European constitutions and concluded that in difference from the Declarations of two centuries before, the term of happiness has been replaced with a list of rights that implicitly oblige governments to secure to all of its’ citizens extended quality of happiness. Key words: pursuit of happiness, human rights, constitution
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Keles, Ozcan. "PROMOTING HUMAN RIGHTS VALUES IN THE MUSLIM WORLD: THE CASE OF THE GÜLEN MOVEMENT." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/lfko6932.
Texte intégralRésumé :
The premise of this paper is that human rights values are a persistent theme of Fethullah Gülen’s thought and tajdid and expressed by the Gülen movement through example. That tajdid is collectively constructed and communicated by allowing for adaptation and indigenisation in flexible response to different socio-cultural con- texts. What is more, Gülen’s views on democracy, pluralism, human rights and free- dom of belief directly promote human rights values and norms. The paper argues that the Muslim world is very important to Gülen’s overall aspiration for an inclusive civilisation and thus the movement is now active in most parts of that world. In time, as in Turkey, Gülen’s ideas will enable and empower the periphery in Muslim socie- ties to influence the centre ground and open the way for wider enjoyment of freedom and human rights. The paper is in three sections. The first looks at the underlying dynamics of Gülen’s influence and the nature of his tajdid, to assess whether his influence is transferable elsewhere. The second appraises the content of Gülen’s tajdid arguing that human rights values are an inherent theme of his discourse on Islam. Here, the paper analy- ses Gülen’s views on Anatolian Muslimness, democracy and politics, human rights and freedom of belief, illustrating Gülen’s incremental ijtihad on temporal punish- ment for apostasy in Islamic law. The third part traces the movement’s activities in the Muslim world, arguing that the movement has now entered a phase of adoles- cence, and asks whether Gulen’s tajdid and discourse, through the practice of the movement, can indeed promote human rights values in this world.
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Popovic, Virdjinija. "FEATURES OF E-LEARNING AT THE FACULTIES IN SERBIA." In eLSE 2012. Editura Universitara, 2012. http://dx.doi.org/10.12753/2066-026x-12-173.
Texte intégralRésumé :
Development of E-Learning and Distance Learning in the world has reached one of the turning points. This paper explores which universities and colleges in Serbia has built appropriate platform on world's leading e-learning platform model. Also, how are analyzed and implemented all aspects of distance learning, development of information and communication technologies (almost daily, get a new form), multimedia technologies and interactive elements and contents. The main part of paper is about how is developed the complete software solution by Serbian multimedia and interactive platform for distance learning. The Academic Net of Serbia (AMRES – Akademska mreža Srbije) is the national research and education network of Serbia, offering to it's users modern information-communication services and Internet connection. AMRES is the most significant scientific, research and educational resource and a carrier of the Information Society development in Serbia. It's considered to be the most advanced network in our country, with over 150 connected institutes and more than 150.000 active users. Presents one of most important national-research and educational resource and carrier of Information Society development. It also provides a number of advanced IT services mainly to researchers and scientific community. The AMRES connects 126 various institutions: Universities (Belgrade, Novi Sad, Niš, Kragujevac), several high schools, scientific institutions (e.g., SANU – Serbian Academy of Sciences and Arts), Students Cultural Centre, and other. There is also, GOOD OLD AI Research Network, which is internationally recognized network of award-winning researchers, engineers, and students interested in the broad fields of applied artificial intelligence and software engineering. It is situated at the University of Belgrade. Research focus include intelligent tutoring and learning, service-oriented architectures, model-driven engineering, semantic technologies, intelligent reasoning, intelligent agents, natural language processing, knowledge representation, knowledge discovery, and ontologies, AI-based music and visualization. Good examples of E-Learning in Serbia are a training program for students (E-learning program) in field of democracy and human rights. E-learning program consists of 10 lectures of 45 minutes, which are available to users via Internet. Program duration is 90 days and it is essential that students have good access to the Internet, or fast and stable internet connection to be able to follow whole program. Lectures consist of video and audio presentations, power-point presentations, practical examples and exercises. The results are Students E-learning Projects (Tolerance as a prevention of peer violence, Letter to a woman, Protection of personal data). Distance Learning Project- which is applicable in Serbia through Distance Learning System, fully satisfies, in some segments and provides significantly opportunities to applicable standards, is defined by accreditation for education institutions in Serbia.
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NAJM, Wafaa. "HUMAN RIGHTS IN LIGHT OF CONTEMPORARY GLOBAL CHALLENGES." In III. International Research Congress ofContemporary Studiesin Social Sciences. Rimar Academy, 2021. http://dx.doi.org/10.47832/rimarcongress3-8.
Texte intégralRésumé :
The idea of human rights in its contemporary form is a development of the oldest idea, namely, natural rights. God has honored man with the gift of reason and thought and the ability to create and innovate. God has distinguished man from the rest of the creatures, and this honor has rights stemming from the nature of humanity inherent to him as a human being, which is inalienable and closely related to man in himself, and this is what is stipulated by man-made legislation as well as heavenly legislation . The man to be able to preserve, protect and defend his rights, he must know them fully and how to protect them and their guarantees, and this knowledge of human rights is of great importance in building the political system in any country in the world. This research aims to know human rights by defining the right and human rights in language and terminology, and ensuring this right by addressing the guarantees and protection of human rights. Also the research sheds the light on many violations of human rights, which considered to be one of the most important issues on the world and the basic condition for human development at all levels, especially after the human being has struggled for ages for his right in terms of security, stability and living in peace and tranquility. In addition, the research has raised several questions: Can a man obtain the most basic of his rights as stipulated in international and legal texts, despite persistent and continuous attempts to enhance the protection and freedoms of human rights, consolidate their values, spread awareness of them, and contribute to ensuring their achievement? Do societies, with regard to the Arab world, still suffer from these violations in all areas of life? Has a person been forced to leave his homeland and seek refuge, displacement and migration to other countries due to armed and unarmed violations and for the sake of security and an inspection of livelihoods? The answer to these questions will be in the contents of the research. Finally, the study recommends to intensify global efforts to ensure the adoption of human rights issues and give them the priority through humane treatment
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Priede, Aleksandra Kristiāna. "Eitanāzijas konstitucionalitāte." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.45.
Texte intégralRésumé :
The right to life is the bedrock of all human rights. It is a natural right that arises from the fact of being born. While the right to life seems self-evident today, it still remains an open question whether it also encompasses the right to die, hence – the right to euthanasia. International law does not regulate euthanasia, it is left to the discretion of each state. In this article, the author analyses the compatibility of euthanasia with the Latvian legal system. The article examines whether and how the human right to life can be legally restricted. Most importantly, the ways in which the right to life could be restricted as a justification, and whether it is possible for the right of euthanasia to become a part of our legal system.
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Popović, Andrija. "ZAŠTITA LjUDSKIH I MANjINSKIH PRAVA I SLOBODA SA POSEBNIM OSVRTOM NA SLOBODU VEROISPOVESTI I VERSKU DISKRIMINACIJU KAO NjENU SUPROTNOST." In MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.413p.
Texte intégralRésumé :
Human and minority rights and freedoms represent a specific type of natural rights that belong to every individual who has seen the "light of day" and that is due to the very fact of his birth. It is necessary to point out that, throughout the centuries, there have been struggles to lose the class character of human rights and to achieve their universal character. Among all these rights, freedom of religion stood out for its special importance, which implies that every individual can freely profess the religion to which he belongs and, conversely, the right of an individual not to be a member of any religious community. On that way, as one of the problems, religious discrimination appears, which directly denies the freedom of the individual to determine his religion. Essentially, the main goal of this scientific article is to determine the importance of human and minority rights and freedoms in the constitutional-legal order of each country, as well as the place of freedom of religion as a human right in that system. In addition, the problem of religious discrimination will be pointed out, as well as the ways in which we can fight it
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LADYCHENKO, Viktor. "INFORMATION POLICY IN THE ENVIRONMENTAL SPHERE IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT OF UKRAINE AND THE EU." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.218.
Texte intégralRésumé :
The purpose of this research is to develop a legal mechanism for ensuring the right to access environmental information to ensure sustainable development of society. In the context of our study we developed an understanding of information human rights - the right to collect, disseminate, use and preserve environmental information is fundamental and natural. We understand information human rights as a group of rights with a center around freedom of information, the right to environmental information, the right to communication in environmental sphere, the right to access to environmental information that is public or socially significant, the right to privacy, and the protection of personal data. In the EU, access to environmental information is regulated by Directive 2003/4/EC (Aarhus Convention, 1998). Citizens of the EU have the right to receive this information within one month from the moment they ask and not to mention why they need it. In addition, public authorities are required to actively disseminate information on environmental information at their disposal. In Ukraine defined system of a jurisdiction whose collection includes different types of environmental information and formation of information on environmental policy. But the issue of public administration in the field of environmental protection is currently split between different executive bodies; there is no united information policy and the body responsible for it. There is no obligation for the authorities to inform the population even in crisis situations. This study will form the legal framework to ensure the right of access to environmental information in Ukraine by introducing the position of Information Commissioner - an official, the competence of which includes monitoring of compliance of information law with information policy in the environmental field.
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Todorović, Nada. "LAND RENT AND LEASE IN THEORY AND PRACTICE." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.535t.
Texte intégralRésumé :
Land rent has been the subject of consideration of both classical and neoclassical economic theory. In contemporary economic conditions this issue has not lost its importance although, today, land rent is considered in the context of sustainable and human development and the protection and preservation of natural resources. As long there is a monopoly on natural resources (land, mineral wealth, forest) there will be valorization of the ownership rights through rent appropriation. Basic forms of land rents are: absolute, differential I and II and monopoly land rent. Land rent and lease are not always the synonyms, since lease includes, in addition to rent, the compensation for all capitals attached to the land. In this paper, the author has focused on the issues related to the lease of state- owned agricultural land in Serbia and the problems which appear in practice pertaining to the realization of preemptive rights. From previous experience it can be seen that the use of state-owned agricultural land in Serbia has not been efficient, as well as the application of the regulated legal procedures, which is often running late. Consequently, it is the state itself and farmers who suffer the greatest damage. There is a large area of state-owned agricultural land which remains uncultivated and, therefore, the state cannot valorize its ownership right over this land through rent appropriation.
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Semitko, Alexey. "Private-Public Law Dichotomy: A Comparative Analysis of Ideas." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.
Texte intégralRésumé :
The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.
Rapports d'organisations sur le sujet "Democracy. natural right. human rights"
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Ozturk, Ibrahim. Before the last exit: Chance for Lula to save democracy and market in Brazil. European Center for Populism Studies (ECPS), 2023. http://dx.doi.org/10.55271/pp0021.
Texte intégralRésumé :
After the Cold War, not only the economic discontent created by capitalism and globalization went to the extreme, leaving the environment at the mercy of multinational corporations, but also the perception that the sovereignty, autonomy and independence of nations, and with them, the right to self-determination was increased to a limited extent. In particular, as the global crises of 2008-2009 hit people’s lives hard, the sense of "being left behind" prepared the ground for the demand and supply of populist politics. However, populist governments not only failed to achieve any progress on the main problems complained about, rather the contrary, but primarily right-wing authoritarian-populist governments also worsened the situation by threatening multilateralism, democracy, human rights and the free market economy worldwide. Besides, the Covid-19 pandemic since 2020 posed quite mixed results for the future of populism. While the populists gained strength in the opposition, the right-wing populists in government began to lose power. Therefore, in such an environment, in Brazil, the rise of Lula’s left-wing (and to some extent populist) government to power after defeating a right-wing authoritarian government has potential implications for the future of democracy, human rights, the market economy, and multilateralism. If the Lula government takes a reformist, transformative, and progressive path, it can become a positive role model for other countries under populism threat. However, this article questions the possibility of that under local and global constraints.
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Relationship Between ‘Civil Society’ and ‘Democratic Freedoms’. Institute of Development Studies, 2022. http://dx.doi.org/10.19088/k4d.2022.086.
Texte intégralRésumé :
Notwithstanding the point that definitions of ‘civil society’ and ‘democracy’ are themselves actively debated, this rapid review defines democracy as ‘liberal democracy’, which goes beyond elections to include liberal components such as equality before the law, individual liberties, rule of law, and independent judiciary and legislature that constrains the executive (Grahn and Lührmann, 2020, p.8). Civil society is defined as “an organizational layer of the polity that lies between the state and private life composed of voluntary associations of people joined together in common purpose” (Coppedge et al. 2016, p.413). Thus, this rapid review seeks to find out what evidence is there on the relationship between civil society and democratic freedoms? The overall sense from the vast array of literature that looks at the relationship between civil society and democratic freedoms is that civil society is important for democracy, but there is no “automatic flow” from one to the other. Rather, the relationship is contingent on the nature of civil society, in addition to other dynamic, context-specific factors. Most of the evidence found during this rapid review was in studies that break down this broad topic into smaller sub-questions. They tended to be case studies that look at specific elements of ‘democratic freedoms’ (e.g., human rights, or anti-corruption), focus on specific countries, or were related to specific mechanisms (e.g., collective action) or processes (e.g., democratic regression). Each of these sub-topics is itself a large and contested area of research. According to some scholars, these case studies are overwhelmingly positive about civil society’s relationship to liberal democratic norms and practices. Some studies show that democratic regression occurs where the demands of a highly mobilised civil society cannot be effectively channelled by the party system or occur in contexts characterised by ethnic and regional differences or socio-economic inequalities.