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1
Le traitement jurisprudentiel du principe de dignité de la personne humaine dans la jurisprudence du Conseil constitutionnel français et du Tribunal constitutionnel espagnol. Paris: L.G.D.J., 2004.
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Collste, Göran. Is human life special?: Religious and philosophical perspectives on the principle of human dignity. Bern: P. Lang, 2002.
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3
Costantini, Dino, ed. Multiculturalismo alla francese? Florence: Firenze University Press, 2009. http://dx.doi.org/10.36253/978-88-8453-350-0.
Повний текст джерелаАнотація:
In theory, republican orthodoxy does not acknowledge the political dignity of any intermediary body between free and equal individuals, stripped of all particularism, and the sovereign nation. This is why, right up to the present, the French public debate has been marked by an entrenched suspicion towards all forms of «communitarism», and by the proscription of the very concept of multicultural politics. But have the policies actually pursued by republican France been consistent with the proclaimed principles? Is it genuinely possible to claim that cultural identities have never been publicly «recognised»? This multidisciplinary investigation proposes to address the ambiguous relations between theory and practice in the Republican management of cultural pluralism.
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Le principe de respect de la dignité humaine et la Convention européenne des droits de l'homme. La Documentation française, 1999.
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5
Is Human Life Special?: Religious and Philosophical Perspectives on the Principle of Human Dignity. Peter Lang Publishing, 2002.
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Is Human Life Special?: Religious And Philosophical Perspectives On The Principle Of Human Dignity. Peter Lang Publishing, 2002.
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7
Thompson, Jason M. The Dignity of the Psychiatric Patient. Edited by John Z. Sadler, K. W. M. Fulford, and Cornelius Werendly van Staden. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780198732365.013.3.
Повний текст джерелаАнотація:
This chapter presents an autobiographical account of Jason M. Thompson’s psychiatric treatment for depression in February 2005. The author evaluates his experience in terms of the extent to which his treatment either upheld or violated the axiomatic bioethical principle of respect for patient dignity. The concept of dignity is discussed with reference to the idea of autonomy and the ideas of social identity and meaning-making. The author outlines the challenge for clinicians in upholding the dignity of a patient whose capacity for autonomy is undermined as a consequence of mental disorder. Thompson derives a proposal, based on his own experience, that the dignity of the psychiatric patient can be upheld by redefining the cultural meaning of psychiatric hospitalization from asylum to retreat.
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Le Manuel Sphère. Practical Action Publishing, 2018. http://dx.doi.org/10.3362/9781908176714.
Повний текст джерелаАнотація:
Le manuel Sphère présente des principes de qualité et de redevabilité dans les interventions humanitaires. Il s’agit d’une traduction pratique de la conviction fondamentale de Sphère selon laquelle toutes les personnes touchées par une catastrophe ou un conflit ont le droit de vivre dans la dignité et de bénéficier de l’aide humanitaire.
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Grover, Sonja C. Human Dignity as the Foundation for the Democratic Rule of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0011.
Повний текст джерелаАнотація:
The notion of human dignity has in recent years come under attack from sectors of the interdisciplinary and legal academic community as vacuous and of little or no utility in judicial reasoning. This author holds instead that human dignity is the sine qua non of all human life and correlated with certain inviolable human rights that speak to human beings as other than property, as having legal personality and the right to be heard. The notion of human dignity then serves, it is argued here, as essential guidance in judicial reasoning on issues of individual and group fundamental human rights. Neglect in honouring the principle of respect for human dignity in judicial decision-making serves to erode the democratic rule of law and the interests of justice as will be illustrated through examination in particular of the U.S. Supreme Court case of J.C. Hernandez et al v. J. Mesa Jr.
10
Alison, Bisset. Part II The Right to Know, B Commissions of Inquiry, Principle 10 Guarantees for Victims and Witnesses Testifying on Their Behalf. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0014.
Повний текст джерелаАнотація:
Principle 10 provides guarantees for victims and witnesses testifying on their behalf. The participation of victims and witnesses in truth seeking processes is important in efforts to uncover the truth about the past. Many commissions have been mandated to gather victim testimony as a key objective and to provide victims with a forum in which to give account of the abuses suffered and to restore their dignity. When there is no testimony, commissions are unlikely to fulfill their broader mandates of establishing a historical record of past violations. After giving a contextual and historical background on Principle 10, this chapter discusses its theoretical framework and how commissions operate in practice in terms of witness protection.
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Muders, Sebastian. Autonomy and the Value of Life as Elements of Human Dignity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190675967.003.0008.
Повний текст джерелаАнотація:
Within the debate on assisted suicide and euthanasia, the arguments from autonomy and from the special value of life are often linked to human dignity in order to make the normative principles they defend more resistant against competing considerations. However, the resulting conceptions of dignity are usually presented as competing with each other; that is, either one spells out human dignity in terms of autonomy, or one explicates it in terms of the value of human life. As an alternative, this chapter offers a “combined approach”: It seeks to explicate dignity in terms of specific interpretations of both autonomy and life’s value in a way that ascribes a unique normative role to both. This can help explain the complex attitudes toward various cases that are discussed in the debate on assisted suicide and euthanasia. The upshot will be that the arguments from autonomy and from the value of life can be recognized as valid without having strict priority with respect to one another. Still, each one might be employed for turning the tide in favour or against assisted suicide and euthanasia within specific cases.
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Battin, Margaret P. Could Suicide Really Be a Fundamental Human Right? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190675967.003.0012.
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Could suicide be not just a right, but a fundamental right, rooted in dignity? A linguistic triple threat complicates this question: problems about “rights,” problems about “dignity,” and problems about what counts as suicide. For example, Thich Nhat Hanh’s insistence that the self-immolations of Buddhist monks and nuns in Vietnam are not suicides provides one sort of challenge; Valerius Maximus’s account of the self-elected death of a 90-year-old woman of Cea in good health and ample wealth, another. Linguistic variation also complicates the question of rights: English’s principal term for suicide, “suicide,” has strongly negative connotations; of German’s four major terms, one has comparatively positive connotations, giving German speakers greater linguistic flexibility than English speakers have. Because background intuitions, practices, and linguistic resources are so variable, establishing that there is a right to suicide and if so, whether it is a fundamental one, is a challenging task.
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Kotzmann, Jane. Theoretical Approaches to Higher Education. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190863494.003.0003.
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This chapter explores two general theoretical models that are used to frame higher education policy. Under the market-based approach to higher education teaching and learning, higher education is provided through the free market. This approach is based on the principles of competition, privitisation, and absence of government intervention. In contrast, a human rights-based approach to higher education seeks to translate the human right to higher education and operationalise it. The principles of a human rights-based approach include integration and mainstreaming of human rights norms, accountability, non-discrimination and equality, participation, dignity, interdependence and indivisibility, and cultural sensitivity. The chapter evaluates the theoretical effectiveness of these two models.
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William A, Schabas. Part 6 The Trial: Le Procès, Art.68 Protection of the victims and witnesses and their participation in the proceedings/Protection et participation au procès des victimes et des témoins. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0072.
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This chapter comments on Article 68 of the Rome Statute of the International Criminal Court. Article 68 governs the protection of victims and witnesses. The Court is required to take ‘appropriate measures’ for the protection of ‘the safety, physical and psychological well-being, dignity and privacy of victims and witnesses’. The provision places special emphasis upon victims of sexual or gender violence, or violence against children. It also departs from the general principle of public hearings in order to protect victims and witnesses. Where the personal interests of victims are affected, the Court shall permit their ‘views and concerns’ to be presented and considered.
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Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0001.
Повний текст джерелаАнотація:
This chapter discusses the underlying principles of freedom of religion or belief. While having its specific features as well as specific areas of application, the right to freedom of religion or belief epitomizes the very same principles which define the human rights approach in general: respect for human dignity, normative universalism, freedom, and equality. Highlighting these principles, which freedom of religion or belief shares with other human rights, is important against the background of a growing perception (or rather: misperception) that freedom of religion or belief allegedly stands in an uneasy relationship to other human rights, in particular freedom of expression or claims of gender emancipation. This chapter presents systematic arguments which underline a holistic understanding of freedom of religion or belief as an indispensable part of human rights in general. In order for the State to fulfil its task as formal guarantor of everyone’s right to freedom of religion or belief without discrimination, an inclusive secular constitution may provide the most suitable conditions.
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Jecker, Nancy S. Ending Midlife Bias. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190949075.001.0001.
Повний текст джерелаАнотація:
We live at a time when human lifespans have increased like never before. As average lifespans stretch to new lengths, how does this impact the values we hold most dear? Do these values change over the course of our ever-increasing lifespans? Ending Midlife Bias argues that at different life stages, different values emerge as central. During early life, caring and trust matter more, given human vulnerability and dependency. By early adulthood, growing independence provides a reason to value autonomy more. Later in life, heightened risk for chronic disease and disability warrants focusing on maintaining capabilities and keeping dignity intact. Part I (Chapters 1–5) sets forth a conceptual framework that captures these shifting life stage values. Chapter 1 argues against the privileging of midlife values (midlife bias) and explains why population aging lends urgency to identifying values for later life. Chapters 2 and 3 introduce dignity as a central concern for older adults and argue that respecting dignity requires supporting central human capabilities. Chapter 4 explores the metaphor of life as a story, which serves as a corrective for midlife bias by keeping attention on the whole of life. Chapter 5 sets forth principles for age group justice. Part II (Chapters 6–12) turns to practical concerns, including geriatric and pediatric bioethics (Chapter 6); caregiving by family members, migrant workers, and robots (Chapters 7 and 8); ageism in clinical trials, healthcare allocation, and mandatory retirement (Chapter 9); and ethics at the end-of-life (Chapter 10). The closing chapters explore the future of population aging (Chapter 11) and make a pitch for life stage sensitive moral theory (Chapter 12).
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Wein, Simon, and Limor Amit. Adjustment disorders and anxiety. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199656097.003.0174.
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Adjustment disorders and anxiety are two of the more common responses to stressors in palliative care. At one end of the spectrum, adjustment and anxiety are normal defences. However, when coping mechanisms fail these responses can become pathological. Judging when a response is pathological is based on two principles: the severity of symptoms and the extent of disruption of normal functioning or homeostatic adaptation. The intimate two-way relationship between physical and psychological symptoms in palliative care means that physical symptoms have to be well controlled and that psychological symptoms can be masked by physical complaints. Management principles include talking therapies, psychopharmacology, and complementary treatments. Examples of innovative psychological treatments are dignity therapy and meaning-centred therapy. Every palliative care intervention requires consideration of the family and it is also important to monitor anxiety and adjustment of the staff who are also prone to burn-out, compassion fatigue, and difficulties in adjusting to stressors.
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Salomon, Stefan, ed. Der Status im europäischen Asylrecht. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845298146.
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Despite the constitutionalisation of asylum law by EU law over the last two decades, proceedings based on national norms often still occur before asylum authorities and the courts of EU Member States. This book examines the divergences in and tensions between the constitutionalisation of asylum law by EU law on the one hand and how national asylum laws operate on the other. The national context in this book is primarily Austria’s asylum law. As asylum encapsulates various status categories that determine the rights and duties of a person in most areas of life, this book analyses asylum law from the perspective of an individual’s legal status. The contributions it contains examine, among other issues, the case law of the European Court of Justice on persecution on the grounds of sexual orientation, exclusion from protection status, the uniform status of protection, the principle of the best interests of the child in EU law, as well as temporary residential status in light of the principle of human dignity. With contributions by Petra Sußner, Constantin Hruschka, Ronald Frühwirth, Florian Immervoll, Ulrike Brandl, Stefan Salomon, Florian Hasel, Kevin Hinterberger, Stephan Klammer, Lioba Kasper, Martina Berger, Simone Tanzer
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McCrudden, Christopher. Human Rights Theory and Comparative International Law Scholarship. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0019.
Повний текст джерелаАнотація:
An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.
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May, Larry. Humanity, Necessity, and the Rights of Soldiers. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198796176.003.0004.
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In both morality and law, it is still common to say that soldiers’ lives do not count for very much in assessments of whether or not a particular war or armed conflict is justifiably initiated and conducted. I argue that soldiers should be acknowledged to have the humanitarian right not to be killed unnecessarily. Also, I argue that military necessity is best conceived as a form of practical necessity. I argue for a strengthening of the principle of military necessity, so that a soldier’s life can only be taken if it is practically necessary to achieve a needed military objective. I then set out a new way to understand humanitarian norms that is in keeping with the idea that the humans who are soldiers should be treated with at least minimal dignity. I support an expanded view of humanitarian rights that takes account of soldiers’ unique vulnerabilities.
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Collins, Hugh, Gillian Lester, and Virginia Mantouvalou, eds. Philosophical Foundations of Labour Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825272.001.0001.
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The book is an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law or employment law. The book addresses doubts that have been expressed about whether a worker-protective labour law is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalisation of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. Freedom, dignity, and human rights; II. Distributive justice and exploitation; III. Workplace democracy and self-determination; IV Social inclusion.
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Davies, Carole Boyce. “Haiti, I Can See Your Halo!”. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038020.003.0010.
Повний текст джерелаАнотація:
This chapter uses the logic of the halo not in the way it appears in Christian iconography, but in the way the halo of what Haiti means radiates as a series of spatial principles across the African diaspora. The contradictory history of Haiti that produced today's American hemisphere's poorest country runs up against a history of glory and transcendence. Thus, in many ways, Haiti becomes an important and extreme representation of the black condition: on the one hand, a past of dignity and legendary greatness; on the other, the starkness created by the initial history of dispossession, subsequent economic difficulty, brought on sometimes by horrendous leadership, often in collusion with external actors, environment, climate, location, but through it all, an amazing resistance of its people matched by an outstanding creativity.
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Gabbard, Glen O., Holly Crisp-Han, and Gabrielle S. Hobday. Professional Boundaries in Psychiatric Practice. Edited by John Z. Sadler, K. W. M. Fulford, and Werdie (C W. ). van Staden. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780198732372.013.27.
Повний текст джерелаАнотація:
Professional boundaries refer to the “edge” or limit of appropriate behavior in the clinical setting. The fundamental ethical principal involved is respect for the patient’s dignity and autonomy. Because there is a potential for exploitation of the patient due to the power differential and asymmetry between psychiatrist and patient, the following dimensions of the treatment frame must be considered: location, time, behavior, language, dress, confidentiality, self-disclosure, money and gifts, dual relationships, and physical/sexual contact. Context is crucially important in assessing professional boundaries. Hence, relatively benign boundary crossings must be differentiated from exploitative boundary violations. Preventive strategies, such as education, self-monitoring, and regular consultation should be part of the practice of all clinicians. The domain of the Internet is a recent context that has emerged, and psychiatrists must now be attuned to boundary issues in cyberspace.
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Gordon, Gregory S. International Human Rights and Domestic Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190612689.003.0003.
Повний текст джерелаАнотація:
In light of the compelling empirical connection between hate speech and atrocity, what laws, if any, criminalize the dissemination of such rhetoric? Chapter 2 begins to answer that question by examining international human rights instruments and domestic laws covering speech and violence. It notes there is an inbuilt clash in the principal human rights documents between free expression and freedom from invidious discrimination. Most of the world’s liberal democracies protect dignity against discrimination. The United States does not. The world’s most speech-protective jurisdiction, its Constitution’s First Amendment stipulates that the government may “make no law … abridging the freedom of speech, or of the press.” As the United States plays a prominent role in developing the criminalization of atrocity speech on the global stage, and as its Supreme Court has often held forth on issues of speech liberty, its domestic jurisprudence is a particular focus of this chapter.
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Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. II Constitutional Jurisprudence, 4 Key Rights and Freedoms. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0004.
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Every constitutional system today presents major controversies and encounters significant challenges in the protection and guarantees of fundamental rights, and for that reason they constitute the most lively subject of transnational constitutional dialogue. The Italian Constitutional Court has a highly developed body of jurisprudence on fundamental rights, starting with its very first decision examining the validity of Fascist laws limiting freedom of expression. This chapter provides a broad overview of some of the constitutional principles that ground fundamental rights in Italian constitutional law, such as human dignity and equality, and then presents the Court’s case law in a selected set of problem areas: personal liberty; freedom of religion; protection of the family; reproduction; social rights; immigration. These are areas with which many other constitutional systems are struggling, and the Italian Court’s particular way of conceptualizing and addressing these issues provides a welcome new voice in the global dialogue.
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van Zyl Smit, Dirk, and Alessandro Corda. American Exceptionalism in Parole Release and Supervision. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190203542.003.0011.
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This chapter focuses on American exceptionalism in parole release and supervision. It first establishes a clear understanding of what is meant by granting parole and parole supervision in the United States and Europe within the respective sentencing schemes and then gives a comparative statistical picture. The chapter then considers the history of parole on both sides of the Atlantic, before examining and comparing current policies in the United States and Europe in more detail. The principal finding is that European parole, unlike its American counterparts, is dominated by a discourse that stresses and highlights human dignity and procedural justice rather than public safety. In the American discourse, by contrast, there is less emphasis on the rights of parolees. Parole decision-making and supervision are mainly shaped by risk aversion. To conclude, this chapter reflects on whether European ideals for parole may take root in the United States.
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Hunt, Luke William. Policing and the Priority of Liberal Personhood. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190904999.003.0004.
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This chapter suggests that the state’s power to address injustice is constrained by a priority rule regarding the liberal conception of persons. Although the prior chapter described how a broadly outlined ideal theory includes the pre-political conception of persons as free and equal, this chapter describes how a richer conception of liberal personhood is illuminated through the interplay between ideal theory and the reality of law-breaking with which nonideal theory is concerned. The upshot is that if the elements of the yielded conception of liberal personhood track the principles of a broadly defined ideal theory of justice in the liberal tradition, then the commitment to that conception of the person is foundational to liberalism itself. Any affront to one would be an affront to the other. The chapter develops a tripartite conception of liberal personhood: reciprocator and moral agent, which illuminate the third facet of human dignity.
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Jessie, Hohmann. Part II Group Identity, Self-Determination, and Relations with States, Ch.6 The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation: Articles 7(2), 8, and 43. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780199673223.003.0007.
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This chapter focuses on the rights to identity, existence, and non-assimilation in Articles 7(2), 8, and 43, which together enshrine rights to the protection of indigenous peoples' continued survival and existence, both physically as individuals and as cultural entities in accordance with levels of human dignity and well-being. Indigenous peoples pressed for the inclusion of such principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the recognition that pre-existing international, regional, and national laws had failed to protect their survival as communities with distinct cultures, or recognise them as distinct peoples. The three provisions studied in this chapter reflect this central concern of indigenous group/cultural survival and flourishing as peoples. As such, the final agreed text of Articles 7(2), 8, and 43 must be seen as containing norms aimed at the development of existing international law, which would protect and confirm indigenous collectivities in ways not currently recognised or only now emerging.
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Al-Rasheed, Madawi. The Son King. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197558140.001.0001.
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The murder of journalist Jamal Khashoggi at the Saudi consulate in Istanbul by regime operatives shocked the international community and tarnished the reputation of the young, reformist Crown Prince Muhammad bin Salman. This book situates the murder in the context of the duality of reform and repression and challenges common wisdom about the inevitability of the latter. The author dismisses defunct views about the inescapable ‘Oriental Despotism’ as the only pathway to genuine reform in the country. Focusing on the prince’s divisive domestic, social and economic reforms, the author argues that the current wave of unprecedented repression is a function of the prince consolidating his power outside of the traditional consensus of royal family members and influential Saudi groups. But the divisive populist nationalism bin Salman has adopted, together with repressing the diverse critical voices of religious scholars, feminists and professionals, has failed to silence a vibrant young Saudi society and an articulate and connected youth cohort. Due to its repression, Saudi Arabia is now producing asylum seekers and refugees who seek safe havens abroad to pursue their quest for freedom, equality and dignity. While the regime continues to pursue them abroad and punish their families at home, exiled activists are determined to continue the struggle against one of the most repressive monarchies in the Arab world.
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Bank Muñoz, Carolina. Building Power from Below. Cornell University Press, 2018. http://dx.doi.org/10.7591/cornell/9781501712883.001.0001.
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Building Power from Below analyzes the success of Walmart workers in Chile. Retail and warehouse workers have achieved the seemingly unachievable. They have organized Walmart. How do we explain workers’ success in Chile, the cradle of neoliberalism, in challenging the world’s largest and most antiunion corporation? Chilean workers have spent years building grass roots organizations committed to principles of union democracy. While both retail and warehouse workers have successful unions, they have built different organizations due to their industry, workforce, and political histories. The independent retail worker unions are best characterized by what I call flexible militancy. These unions have less structural power, but have significant associational and symbolic power. While they have made notable bread and butter gains, their most notable successes have been in fighting for respect and dignity on the job. Warehouse workers by contrast have significant structural power. Their unions are best characterized by what I call strategic democracy. Their structural power has offered them the opportunity to “map production” and build strategic capacity. They have been especially successful in economic gains. While the model in Chile cannot necessarily be reproduced in different countries, we can certainly gain insights from their approaches, tactics, and strategies.
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Fellner, Jamie. Human rights. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0004.
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In this chapter, North American and international issues are reviewed covering the range of human rights issues, challenges, and controversies that exist in correctional mental health care. This chapter provides a brief overview of the key internationally recognized human rights that should inform the work of correctional mental health professionals. Human rights reflect a humanistic vision predicated on the foundation of human dignity, which complement the ethical principles of beneficence and non-maleficence. The human rights framework supports correctional mental health staff in their efforts to protect patients from harm and provide them the treatment they need. Human rights provide a universally acknowledged set of precepts that can be used during internal and external advocacy. Mental health professionals should not – consistent with their human rights and ethical obligations – acquiesce silently to conditions of confinement that harm prisoners and violate human rights. They are obligated not only to treat inmates with mental illness with independence and compassion, but to strive to change policies and practices that abuse inmates and violate their rights, even those that involve custodial decisions (e.g. segregation, use of force, restraints). In short, for practitioners who want improved policies and practices, human rights offers a powerful rationale and vision for a different kind of correctional mental health services. The more correctional mental health practitioners embrace and advocate for human rights, the greater the likelihood prisoners’ rights will be respected.
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Böckenförde, Ernst-Wolfgang. Religion, Law, and Democracy. Edited by Mirjam Künkler and Tine Stein. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198818632.001.0001.
Повний текст джерелаАнотація:
This is the first representative edition in English of Ernst-Wolfgang Böckenförde’s writings on religion, law, and democracy. As a historian, legal scholar, and former judge on Germany’s Federal Constitutional Court, Böckenförde (1930–2019) has shaped legal and political discourse in twentieth-century Germany like few others. Doing so, he combined three normative orientations writings as a political liberal, as a social democrat, and as a Catholic. The included articles discuss the place of religion in modern democracy, the role of the Catholic Church in the Nazi seizure of power in 1933, the Copernican revolution of Vatican II in embracing religious freedom and accepting the modern secular state, the history of the concept of freedom of conscience, the relation of religion and state in Hegel’s writings, democratic models of secularism, theological reflections on the character of secular law, models of political theology, the need for canon law reform, and bioethical issues, such as the regulation of abortion, genetic screening, and in vitro fertilization in light of the constitutional principle of human dignity. This is the second of two volumes, of which the first, published in 2017, brought together articles in constitutional and political theory. Beside fifteen articles, the volume contains excerpts of the biographical interview that historian and legal scholar Dieter Gosewinkel conducted with Böckenförde in 2009/2010. Introductions and annotations by the editors accompany the text throughout, providing background explanations on the context of German and European politics and history. A comprehensive list of Ernst-Wolfgang Böckenförde’s publications is included in an appendix.
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Shaw, Jo. The People in Question. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781529208894.001.0001.
Повний текст джерелаАнотація:
The book explores tensions in the relationship between citizenship and constitutions. It starts from the proposition that the citizen is a central figure in most if not all constitutional set-ups at the state level, and then highlights the paradox that in many constitutions matters of citizenship are not regulated in detail. The idea of the ‘constitutional citizen’ is developed and explored in Part Two, across chapters looking at the ideal of citizenship, modes of acquisition and loss of citizenship, and citizenship rights. Two themes emerge in those central chapters: the potential role of superordinate constitutional principles such as equality and dignity in filling out the concept of constitutional citizenship and the question as to how states should determine the boundaries of citizenship. Should it be via the constitution as interpreted by courts, or via the legislature as representing the people? Part Three of the book explores some of the challenges which the idea of constitutional citizenship faces today. It looks at the effects of the rise of populist politics in many countries, including the acceleration in some countries of constitutional amendments to mirror an exclusivist concept of the people. Then it turns to the fragmentation of the governance of citizenship. Here we see a turn away from an exclusive focus on the state and an increased impact of international institutions on citizenship. An exploration of the paradox of the simultaneous rise of populism and globalisation forms the centrepiece of the book’s conclusions.
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Beyer, Gerald J. Just Universities. Fordham University Press, 2021. http://dx.doi.org/10.5422/fordham/9780823289967.001.0001.
Повний текст джерелаАнотація:
Gerald J. Beyer’s Just Universities discusses ways that U.S. Catholic institutions of higher education have embodied or failed to embody Catholic social teaching in their campus policies and practices. Beyer argues that the corporatization of the university has infected U.S. higher education with hyper-individualistic models and practices, which hinder the ability of Catholic institutions to create an environment imbued with bedrock values and principles of CST such as respect for human rights, solidarity, and justice. Beyer problematizes corporatized higher education and shows how it has adversely impacted efforts on Catholic campuses to promote worker justice on campus, equitable admissions, financial aid, and retention policies, diversity and inclusion policies that treat people of color, women, and LGBTQ persons as full community members, just investment, and stewardship of resources and the environment. Just Universities represents a unique contribution to the discussion of mission and identity in Catholic higher education, which almost exclusively focuses on issues such as curriculum, philosophy of education, and religious rituals on campus, while overlooking the obligation to promote justice and human dignity both beyond and within the institution’s walls. By critiquing failures to embody Catholic social teaching on campuses, commending already existent promising practices, and proposing ways in which Catholic colleges can foster stronger commitment to CST, Just Universities illustrates how Catholic social teaching can undergird a just model of higher education in the age of the corporatized university.
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Silva, Denise dos Santos Vasconcelos. Direito à educação: efetividade, justiciabilidade e protagonismo cidadão. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-87836-88-1.
Повний текст джерелаАнотація:
The present study discusses the role of the judiciary concerning the interpretation of the right to education, with emphasis on the educational constitutional principles, on the basic content of the right to education and on the problems faced by this right. Furthermore, the present study pursuits to bring the risks that the excessive judicialization of the education brings to the balance between powers and the natural order of administration itself and public policies management in which the executive and legislative as powers elected by the people, develop, approve and initiate such programmatic actions; the lack of technical capacity of the judiciary to manage such complex matters; and the absence of infinite public resources to look after all the rights and benefits contained in the constitutions of the democratic states. As the education is a right related to the human dignity, development and citizenship, this way it should be carried out with diligence: 1. by the public authorities, specially the judiciary that even though it has not been elected by the universal suffrage, will not be able to remain inert in cases of inefficiency of the executive and legislative, for this purpose, it will be necessary mechanisms that provide more legitimacy in the acting of the judge, avoiding an inappropriate misuse of powers; and 2. by all members of society, as doers of their citizen position in search of a more decent life, once that through education (for) democracy, rights connected to freedom and to personal development are also accomplished.
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Griech-Polelle, Beth A., ed. The Nuremberg War Crimes Trial and its Policy Consequences Today. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845280400.
Повний текст джерелаАнотація:
Justice Robert H. Jackson, plenipotentiary for planning the Allies trial at the International Military Tribunal, called the trial “one of the most significant tributes ever paid by power to reason.” In Justice Jackson’s opening statement he made it clear that the trial at Nuremberg was to mark a new beginning in human history; that Nuremberg would serve to establish principles that could serve as benchmarks for all human behavior. This revised and extended Edition seeks to address both the short-term effects of the International Military Tribunal and the current impact that the trials have had on international law. The first section of the book contains essays which are written by leading scholars such as Christoph J.M. Safferling, looking at German participation in the Nuremberg Trials, to Winifried R. Garscha’s examination of Austrian War Crimes Trials and the concept of “Violation of Human Dignity.” This section will also include an examination of the influence of Nuremberg on the Tokyo War Crimes Trial. The second section of the book addresses the present-day impact of Nuremberg on international law. This section contains essays on selective justice, human rights litigation, the creation of hybrid tribunals, with new essays addressing sexual and gender-based violence in conflict zones, as well as new work on the Nuremberg Project, located at Harvard University. The hope for this volume is that the spirit of Nuremberg will be revived. In the words of Henry T. King, Jr., who was a young lawyer serving at the IMT, stated in the preface, “A better and more peaceful world based on justice is within our grasp,(…), we have a golden opportunity to build a more secure future for generations to come.”