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1
Laurentiis, Allegra de. "Rights-Pragmatism and the Right of Humanity." Archiv für Rechts- und Sozialphilosophie 102, no. 1 (2016): 22–39. http://dx.doi.org/10.25162/arsp-2016-0002.
2
Ivankiv, Iryna. "Right to Sustainable Development as One of the Rights of Humanity." Studia Iuridica 82 (March 2, 2020): 115–30. http://dx.doi.org/10.5604/01.3001.0013.9614.
Анотація:
Right of humanity to development is described within the global search for responses to the planetary challenges. The idea of the rights of humanity is an attempt to propose the new approach to human rights protection, based on global interdependency. The article offers analysis of soft law documents on human right to development, as well as regional instruments for protection of human and peoples’ rights. It is argued that right to sustainable development viewed as a right of humanity may create a broader mechanism of protection both for individual human being and humanity in general.
3
Dickson, Brice, and Conor McCormick. "The right to education for humanity." Northern Ireland Legal Quarterly 67, no. 4 (December 1, 2016): 409–32. http://dx.doi.org/10.53386/nilq.v67i4.128.
Анотація:
This article begins by briefly surveying relevant international human rights law concerning the right to education and critiques its failure to guarantee children an education which is free from parental and/or religious domination. It then makes a positive case for guaranteeing children the right to ‘education for humanity’, meaning an education which equips them to be citizens of the world rather than captives of a particular creed, view of history or community tradition. It argues that conflicts could be reduced if schools were to focus on conveying an understanding of a wide range of beliefs and cultures. The piece then tests this position by considering the current education system in Northern Ireland, looking at six dimensions to the ongoing influence of religion on that system. It makes some suggestions for reform and ends with a more general proposal for a guaranteed right to education for humanity worldwide.
4
Bohman, James. "Constituting Humanity: Democracy, Human Rights, and Political Community." Canadian Journal of Philosophy Supplementary Volume 31 (2005): 227–52. http://dx.doi.org/10.1080/00455091.2005.10716855.
Анотація:
Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, political rights are often surprisingly specific. In the Covenant, for example, “the right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations.
5
Schaap, Andrew. "Book Review: The Right to Have Rights: Citizenship, Humanity and International Law." Law, Culture and the Humanities 10, no. 1 (January 28, 2014): 182–84. http://dx.doi.org/10.1177/1743872113510813a.
6
Yadav, Seema. "Implementation of Human Rights: An Universal Challenge Towards Humanity." Scientific Temper 13, no. 01 (June 25, 2022): 154–61. http://dx.doi.org/10.58414/scientifictemper.2022.13.1.25.
Анотація:
machinery for implementation of such rights or redressal in case of their violation would onlybe a content of a paper document. Human Rights as developed in due course from case to caseincludes the right to live with dignity and which further expanded to the right to self-developmentso as to acquire dignified existence as a human being with at least human facilities is basicallyignited. May be it can be said that there being no provision or denial to have a provision toenforce Human Rights or to get redressal on violation thereof itself may amount to the denial ofHuman Rights. Although the Human Rights movement has been exercising profound influenceamongst the world community, the fight for human dignity has to be Universal the inherentdignity of the human being exists regardless of his nationality or political status. There shouldbe universality about human rights which can make them a common concern for allIsha vasyamadam Sarvam,Yatkincha jagatyam jagat;Tena tyakten bhunjitha magrdhah Kasyasvidhanam.(Yajurved:40;1&Upnishad:version 1);It means that all this is for habitation by the Lord,whatsoever is individual. Universe ofmovement in the Universal motion.By that renounced thou shouldst enjoy;lust not after anyman’s possession. Meaning thereby whatever is there in the world that is imbibed with thegrace of Almighty. That need be enjoyed with the sense of renunciation, i.e. equal rights toall mankind at large with morality as well as having force of law. Since social values areundergoing rapid change, the law should be adaptable to the changing needs of society.
7
Green, Leslie C. "Group rights, war crimes and crimes against humanity." International Journal on Minority and Group Rights 1, no. 2 (1993): 107–36. http://dx.doi.org/10.1163/157181193x00022.
Анотація:
AbstractThis article gives an overview of the doctrine, state practice and treaty provisions with respect to the protection of groups in case of war crimes and crimes against humanity to see what rules apply in the case of Bosnia Hercegovina and Somalia and whether a right of intervention or an obligation to intervene exists. The author concludes that the present laws with regard to the protection of group rights are inadequate and ineffective.
8
Roșca, Simion. "Cultural Diversity: Conceptual Approaches." Історико-політичні проблеми сучасного світу, no. 37-38 (December 18, 2018): 234–41. http://dx.doi.org/10.31861/mhpi2018.37-38.234-241.
Анотація:
Cultural diversity is, as biodiversity, an element of the common heritage of humanity, whose defense is an ethical imperative inseparable from respect for the dignity of the human person. The concept of cultural diversity permits the existence of a variety of different cultures that are not, by far, isolated, but interact and intersect at all times. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression of 2005 stated that cultural diversity is a defining feature of humanity and is aware of the fact that cultural diversity is a common heritage of humanity, being necessary for humanity just as biodiversity is necessary for nature . Everyone has the right to participate in cultural life, to have access to culture, has the right to respect for cultural identity and to identify with a cultural community, has the right to cultural, religious and linguistic diversity, the right to freely run cultural activities, etc. In this study the author will attempt to analyze and define the concept of "cultural diversity" as well as its basic culture component.
Keywords: cultural diversity, culture, cultural heritage, cultural identity, European Union, humanity, cultural factor
9
Lippert, Dorothy. "Science and Humanity." International Journal of Cultural Property 16, no. 2 (May 2009): 195–98. http://dx.doi.org/10.1017/s0940739109090134.
Анотація:
The Genographic Project is a fantasy of an idea. It represents the instinct of humankind to seek to understand ourselves, right down to the smallest pieces of our essential being. To follow this longing for knowledge is to be in the company of every great explorer that has ever been, from the first hominid moving beyond the boundaries of African Eden to the intrepid women, men, and children who sailed the seas beyond the mainland of Southeast Asia to become the first occupants of the continent of Australia, to the men and women perhaps not yet born who will seek to land on and inhabit planets other than this one. Such journeys reveal ways of relating to new worlds and, in that process, instruct us in new ways of being human. As another great journey of exploration, this search within ourselves may teach us equally as much. To be certain, none of our journeys thus far have been without hardship, and it is naive to think that this or any exploration is free from challenges.
10
Damayanti, Dianita Putri Oktavia, and Frans Simangunsong. "PERLINDUNGAN HUKUM DALAM KASUS KEKERASAN DAN PERBUDAKAN MANUSIA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 624–33. http://dx.doi.org/10.53363/bureau.v2i3.53.
Анотація:
Human rights are legal instrument that must be respected, upheld, and protected by the state. Within human rights itself, there are rights to life, the right not to be tortured, and the right not to be enslaved. With the regulation on Human Rights and the Crime of Trafficking in Persons, everyone gets legal protection from acts that degrade human dignity. The consequences of criminal penalties for the perpetrators absolutely must be strictly enforced against those who have injured humanity
11
Padrón, Karla M., and Coralie Pederson. "Using a Social Justice Lens in Nursing: Intersectionalizing Person-Centered Care with Transgender and Non-Binary Patients." Creative Nursing 28, no. 4 (November 2022): 261–65. http://dx.doi.org/10.1891/cn-2022-0039.
Анотація:
Transgender and non-binary patients are greatly impacted by political initiatives intended to diminish their rights, including the right to access to gender-affirming medical care. Nurses who provide Person-centered Care (PCC) are uniquely positioned to honor their patients’ rights and humanity. PCC is an important component of building trust with transgender and non-binary patients, but honoring their humanity fully and comprehensively requires an intersectional approach. To build trust, the authors suggest that a paradigm that interweaves PCC with intersectionality promotes social justice for transgender and non-binary patients.
12
Levinger, Tomer. "Denying the Right of Return as a Crime Against Humanity." Israel Law Review 54, no. 2 (April 5, 2021): 205–35. http://dx.doi.org/10.1017/s0021223721000042.
Анотація:
This article argues that there are firm grounds upon which to regard the act of denying a person's right of return to their country as a crime against humanity. To make its case, the article builds upon two justifications for the right of return: its grounding based on the human need to belong, and its purpose as a means of preventing rightlessness. The human interests underlying these justifications, the article contends, are similarly those reflected by the image of humanness ingrained within the law of crimes against humanity. Therefore, when the right of return is denied, it is also an assault against humanness as such – a crime against humanity. Recently, proceedings before the International Criminal Court (ICC), with regard to the situation in Bangladesh/Myanmar, have made this question highly relevant. Both the Court's Pre-Trial Chamber and Prosecutor have raised arguments in support of regarding the denial of the right of the Rohingya peoples to return to Myanmar a crime against humanity of other inhumane acts. Consequently, this article attempts to offer support for what might turn out to be an important doctrinal development in ICC jurisprudence.
13
Smith, Peter. "Engaging with the State for the Common Good: Some Reflections on the Role of the Church." Ecclesiastical Law Journal 11, no. 2 (April 28, 2009): 169–80. http://dx.doi.org/10.1017/s0956618x0900194x.
Анотація:
The Canon Law of the Roman Catholic Church establishes the right of the Church to proclaim the Gospel and expound it, and to proclaim moral principles especially when this is required by fundamental rights or ‘for the salvation of souls’ (Canon 747). While this was taken for granted for centuries, society and culture have undergone rapid and extensive changes, especially over the last forty years. From what was once a Christian society and culture, we have moved to a multicultural and secular society, and have seen the rise of ‘ideological secularism’. The place of religion and religious values in the public forum is being questioned, and an aggressive secularism seeks to reduce religion and its practice to the private sphere. However, a healthy secularity should recognise both the autonomy of the state from control by the Church and also the right of the Church to proclaim its teaching and comment on social issues for the common good of humanity. This right is recognised in the 1948 Universal Declaration of Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. From the Church's point of view, this right was recognised for all religions in the Second Vatican Council's ‘Declaration on Religious Liberty’. We must defend that right because the Church exists not for its own sake but for the sake of humanity.
14
Mukhis, Febri Hijroh. "International Human Right and Islamic Law: Sebuah Upaya Menuntaskan Wacana-Wacana Kemanusiaan." Muslim Heritage 2, no. 1 (August 16, 2017): 1. http://dx.doi.org/10.21154/muslimheritage.v2i1.1043.
Анотація:
Abstract: Islam brings universal messages involve justice, equality, respect and humanity. These actually are the sacred Sunnah of the Prophet. However, the current problems of human are so varied, in line with the development of information and technology which are so advanced. Those problems could be positive if everyone really understands the universal messages of Prophet by always on the side of social-humanity. This article seeks to examine the problem of human rights and Islamic law as the one of efforts to resolve the dichotomy between Islam and the humanity problems. This article is the conceptual study which specifically uses qualitative descriptive study. The conclusion of this study is the dichotomy between the concept of human rights and Islamic law must be resolved, both are on one purpose involve justice, equality and humanity. Human right is a common concern regardless of any interest, whether religious, politic, culture, and even science. If there is no harmony in the concept of humanity in a religious frame or tauhid, then the understanding of humanity must be freed from all forms of identity of interests.Abstrak: Islam membawa pesan universal yang abadi, yakni: keadilan, persamaan, penghargaan, dan kemanusiaan. Pesan universal inilah yang sebenarnya Sunnah Nabi yang suci. Namun problem terkini umat manusia begitu variatif, dengan semakin majunya informasi dan teknologi. Problem tersebut bisa menjadi positif jika semua orang benar-benar memahami pesan universal kenabian dengan selalu memihak kepada sosial-kemanusiaan. Artikel ini berupaya mengkaji problem HAM dan hukum Islam sebagai salah satu upaya untuk mengakhiri dikotomi antara Islam dan problem kemanusiaan. Artikel ini merupakan kajian konseptual, dengan jenis kajian kualitatif deskriptif. Kesimpulan dari kajian ini yaitu, dikotomi antara konsep HAM dan hukum Islam haruslah dituntaskan, kedunya berada pada satu ujung tujuan, yakni keadilan, kesetaraan dan kemanusiaan. Urusan kemanusiaan adalah urusan bersama tanpa memandang kepentingan apapun, baik agama, politik, budaya, bahkan pengetahuan. Jika tidak adanya keharmonisan dan kesepahaman antara konsep kemanusiaan dalam bingkai keagamaan atau tauhid maka pemahaman tentang kemanusiaan haruslah dibebaskan dari segala bentuk kepentingan identitas.
15
Mohd. Yusuf D.M., Elvi Sukesih, Devi Susanti, and Hifni Soba. "PEMBERIAN PIDANA TAMBAHAN TERHADAP PENCABUTAN HAK-HAK POLITIK TERPIDANA KASUS KORUPSI BERDASARKAN PERATURAN PERUNDANG-UNDANGAN." Juris 6, no. 2 (December 24, 2022): 587–98. http://dx.doi.org/10.56301/juris.v6i2.634.
Анотація:
Where the meaning of equal opportunity in government is inseparable from political rights which implies political rights or political rights is a right which is to take part and play a role in a form of government that exists in a country. So that in terms of civil and political rights for every Indonesian citizen, the implementation is very clearly regulated in the 1945 Constitution of the Republic of Indonesia, Chapter XA of Human Rights Articles 28A to Article 28J, while the explanation of political rights for citizens is regulated in Article 26D paragraph (3) states that every citizen has the right to obtain equal opportunities in government. The formulation of the problem in this study is how to revoke the political rights of convicts of corruption cases based on laws and regulations, how to grant additional criminal rights to the revocation of political rights of convicts of corruption cases based on laws and regulations. The method used is normative legal research. Based on the results of the study it is known that the Revocation of the Political Rights of Convicted Corruption Cases Based on Legislation that Based on these provisions the additional criminal imposition of revocation of political rights against convicts is not contrary to the Criminal Code as long as the revocation of rights is accompanied by a period of application. The right to vote and be elected to public office can be classified as the right to freedom of thought and conscience. Human rights are rooted in the human person because of their humanity, if they are revoked then their humanity will also be lost.
16
Eijk, Willem J. "The Universal Declaration of Human Rights in medical-ethical perspective." Medicina e Morale 48, no. 1 (February 28, 1999): 49–59. http://dx.doi.org/10.4081/mem.1999.809.
Анотація:
Notwithstanding its impressive achievements in combating crimes against humanity, the Universal Declaration of Human Rights offers no sufficient basis for medical ethics. It does not provide a clear definition of the human being who is subject of human rights, thus giving room for philosophical anthropologies according to which fetuses or neonates are no human persons yet or at most ‘marginal persons’. Because the Declaration likewise fails to define the concept of right, it can be interpreted from the perspective of classical theories of right as well as from that of the ‘choice theory of right’. If, as the last states, the right to life would include the right to dispose of it, the Declaration could serve to defend euthanasia, assisted suicide and manipulative medical and surgical interventions as well.
17
Macurdy, Allan H. "Rights Respiration: Disability, Isolation, and a Constitutional Right of Interaction." Texas Wesleyan Law Review 13, no. 2 (March 2007): 737–48. http://dx.doi.org/10.37419/twlr.v13.i2.20.
Анотація:
In 1772, Lord Mansfield, Chief Justice of the King's Bench, presided over a case involving a slave, James Somerset, who had been brought by his master from Virginia to England and who claimed that his simple presence on English soil made him free. Among Somerset's lawyers was one Francis Hargrave, who was arguing the first case of his career that day. Hargrave maintained that "the Air of England was too pure for slavery," quoting the advocate in a prior case and drawing upon the commonly held understanding that slavery was incompatible with a society of rights, and that it deprived the individual of the very indicia of humanity. Asking rhetorically whether the law of a lowly colony or a barbarous state should prevail over the law of England, Hargrave declared that "[i]n England ... freedom is the grand object of the laws, and dispensed to the meanest individual."
18
Rinku, Rinku. "Israel-Hamas Conflict and Humanity." Shodh Sari-An International Multidisciplinary Journal 03, no. 02 (April 1, 2024): 167–77. http://dx.doi.org/10.59231/sari7694.
Анотація:
The aftermath of the conflict has not only left a trail of destruction but has also fueled tensions on a global scale. The international community, including various nations and humanitarian organizations, has been actively engaged in diplomatic efforts to broker a lasting peace agreement. The United Nations, in particular, has been at the forefront, urging both Israel and Hamas to cease hostilities and engage in meaningful dialogue to address the root causes of the conflict. One of the critical challenges is the delicate balance between Israel’s right to self-defense and the protection of civilian lives in Gaza. The disproportionate impact on innocent civilians, including women and children, has sparked widespread concern and condemnation. Humanitarian agencies are struggling to provide aid to the affected population amid the ongoing hostilities, with reports of hospitals and infrastructure being severely strained. The media, both traditional and social, has played a significant role in shaping public opinion and influencing the narrative surrounding the conflict.
19
Hernández García, Yarib. "El derecho a la educación de las mujeres como derecho clave hacia una cultura de Igualdad." RA RIÓ GUENDARUYUBI 1, no. 2 (January 15, 2018): 3–7. http://dx.doi.org/10.53331/rar.v1i2.9840.
Анотація:
Throughout history, women have been gaining space. Even when the inclusion of women in the human sphere has been achieved, it has implied a change in the conception of humanity and the historical experience itself and, in this sense, progress has been insufficient. The concept of human rights has not been fully established in the culture, neither as a mental nor as a practice. The right to education is a key right, as it allows us access to other rights that are indispensable for a life in dignity. Despite the above, there are still gaps in access to education under equal circumstances.
20
Azuakor, Okwuchukwu. "Human rights and leadership in Africa: the Nigerian connection in Buhari Administration." UJAH: Unizik Journal of Arts and Humanities 20, no. 3 (October 30, 2020): 151–75. http://dx.doi.org/10.4314/ujah.v20i3.9.
Анотація:
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
21
Rostova, Natalia. "POST-COSMISM AND POST-HUMANISM: TWO STRATEGIES IN THE MOD-ERN PHILOSOPHY OF THE HUMAN." Chelovek.RU, no. 15 (2020): 217–20. http://dx.doi.org/10.32691/2410-0935-2020-15-217-220.
Анотація:
The article analyzes the current state of affairs in philosophy in relation to the question «What is hu-man?». In this regard, the author identifies two strategies – post-humanism and post-cosmism. The strat-egy of post-humanism is to deny the idea of human exceptionalism. Humanity becomes something that can be thought of out of touch with human and understood as a right that extends to the non-human world. Post-cosmism, on the contrary, advocated the idea of ontological otherness of the human. Re-sponding to the challenges of anthropological catastrophe, its representatives propose a number of new anthropological projects.
22
Coutinho, Léo, Paulo Caramelli, and Hélio A. Ghizoni Teive. "Aphasia localization: was Pierre Marie right?" Brain 144, no. 12 (October 21, 2021): 3547–49. http://dx.doi.org/10.1093/brain/awab400.
Анотація:
Abstract Language and its associated disorders have puzzled humanity since the dawn of civilization. The first descriptions of aphasia go back to classical antiquity. The Egyptians and Babylonians believed speech was a divine gift to mortals, and their descriptions of aphasia attributed these events to their Gods’ anger and disfavour. The Edwin Smith Surgical Papyrus and the Hippocratic Corpus report several aphasia cases, relating this phenomenology to apoplexy, epilepsy, and other illnesses.
23
Guangyu, Ding. "Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System." Santander Art and Culture Law Review 9, no. 2 (December 13, 2023): 167–90. http://dx.doi.org/10.4467/2450050xsnr.23.027.18647.
Анотація:
Previous decades have witnessed the widespread use of human rights discourses in explaining cultural heritage issues. The content of the cultural heritage right (a term used interchangeably with “right to cultural heritage” in this text), and the relationship between cultural heritage and human rights are diversely demonstrated in international cultural heritage instruments and previous studies. Some of them may overlap or even contradict each other, causing confusion about the relevant concepts. This article aims to answer the twin question: What is the relationship between the “right to cultural heritage” and “rights related to cultural heritage”, which together comprise the cultural heritage rights system? The main feature of cultural heritage is its spiritual significance, which constitutes the basis of the human right to cultural heritage. The core content of the right to cultural heritage is the right to enjoy the intangible value of; meaning of; and interests inherent in cultural heritage. The holder of the right to cultural heritage is “everyone” – a concept so vague that it results in the intractable tension between the right and the rights of states, communities, individuals, Indigenous peoples, humanity as a whole, and so on. “Rights related to cultural heritage”, which are not cultural heritage rights per se, include public participation rights, the right to education, ownership rights, the rights to a livelihood, development, human dignity, equality, and other basic human rights. Some of them may promote the right to cultural heritage, while some may conflict with or limit the same right.
24
Bramanis, Jānis, and Jānis Načisčionis. "Current Issues of Construction Law." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 21 (2021): 169–80. http://dx.doi.org/10.25143/socr.21.2021.3.169-180.
Анотація:
Theoretically, the construction right affects all persons and the humanity in general since a situation is impossible that would prove the lack of this process, and as the area of economics, also different economic, political and legal thought development processes regulate consolidation of this legal discipline in the legal science. Construction right has consolidated over time as a legal discipline with its regulating subject – construction works and designing, including also the development of construction plan – designing, construction of the object, reconstruction or dismantling. Keywords: construction, construction rights, permission, responsibility, construction control.
25
Ejiofor, Promise Frank. "The future of humanity." Human Affairs 31, no. 1 (December 31, 2020): 6–20. http://dx.doi.org/10.1515/humaff-2021-0002.
Анотація:
Abstract With the recent advancements in scientific comprehension of genetics and the decipherment of complex techniques for editing human genomes, liberal eugenics—eugenic ideal premised on the liberal values of autonomy and pluralism that leaves reproductive choices to parents rather than anachronistic statist authoritarian interventions—has inevitably become a polarising conundrum in contemporary liberal societies as to its utility and destructiveness. Focusing on one species of liberal eugenics—namely, genome editing interventions—I contend that liberal eugenics could be harmful—harm herein construed as that which undermines the salient liberal values of equality, autonomy, and pluralism—since it is itself antithetical to the bases of the liberal society. This contention is based upon three premises: first, that individuals are rather seldom rational decision-makers such that leaving all reproductive choices to the whims of individual parents would be immensely counterproductive to future offspring’s right to open future; second, that liberal eugenics—much like its authoritarian antecedent—could intersect with myriad identities, including race, class, sex, disability, and sexual orientation in ways that might exacerbate social divisions, marginalise different groups, and engender homogeneity; and third, that it undermines individual autonomy of the future person as a member of the liberal community, particularly if their capacities and abilities are tailored to fit parents’ specific life projects and putatively reasonable conceptions of the good. The underscored potential malaises of liberal eugenics should, I argue, be discursively negotiated between parents and the state via the development of robust general laws that regulate heritable genome editing interventions to ensure that the welfare of the future persons is prioritised and that the liberal commitment to autonomy is immune to antiliberal perversions.
26
Ismail, Zafar H., and Sehar Rizvi. "Governance, Decentralisation, and Poverty: The Case of Pakistan." Pakistan Development Review 39, no. 4II (December 1, 2000): 1013–30. http://dx.doi.org/10.30541/v39i4iipp.1013-1030.
Анотація:
Human development and human rights share a common vision and purpose: to secure the freedom, well being and dignity of humanity. Human development is as essential for human rights as the latter is for the former. Historical evidence suggests that the more civilised societies were those that gave a higher priority to both, for example, the Greek, the Roman and the enlightened years of early Islam. The freedom from want is perhaps the one inalienable right of humanity which stands between dignity and indignity and which must be mitigated against by both state and individual.1 For the first time in history mankind adopted these and other human rights when the Universal Declaration of Human Rights was adopted by the United Nations in 1948. Today all but one of the six core covenants and conventions have been ratified by at least 140 countries and state sponsored anti-poverty programmes were initiated globally, most with the help of civil society [UNDP (2000)].
27
Barrett, Rose Catherine. "Humanising the Law of Targeting in Light of a Child Soldier’s Right to Life." International Journal of Children’s Rights 27, no. 1 (February 16, 2019): 3–30. http://dx.doi.org/10.1163/15718182-02701009.
Анотація:
Contemporary conflicts are epitomised by warfare never seen during the codification of the laws of war during the 19th and 20th centuries. In present times, children are increasingly being recruited and used as soldiers. Aside from the prohibition against their recruitment and use, and the prosecution of those who violate these prohibitions, more is needed to protect their right to life. Pursuant to the law of targeting, child soldiers may be subject to the use of lethal force. It has been queried whether there is a moral basis to apply different targeting rules to spare their lives. This paper will suggest that it may be in the interests of humanity for a new approach to be taken. In particular, this paper will consider whether international human rights law may humanise the law of targeting to restrict the degree of force that would ordinarily apply. Humanisation may provide a remedy to the moral dilemma posed.
28
Adebayo, Akintunde Abidemi. "Religions and Legal Regimes Function in the Protection of Children." Journal of Indonesian Legal Studies 5, no. 2 (November 1, 2020): 335–60. http://dx.doi.org/10.15294/jils.v5i2.38049.
Анотація:
Religion provides the basis for the protection of human rights, namely, the right to life, the dignity of the human person, and right to property, among others. Without prejudice or disrespect to other religions, this paper focuses on Christianity religion and its provisions that protect the rights of children considering their vulnerability. This research emphasized that the Holy Bible contains measures to safeguard, protect and ensure the good as well as the proper upbringing of children. Similarly, the United Nations Convention on the Rights of the Child 1989, OAU Charter on the Rights and Welfare of the Child 1990 and the Nigerian Child Rights Act, 2003 provide for the protection of rights of children. The essence of these provisions is to ensure the smooth running of society and the betterment of humanity. This paper, therefore, examines the salient provisions of the Holy Bible and legal regimes to safeguard and protect the rights and interests of children. It concludes by highlighting the significant role of laws in the protection of the rights of children. It also shows that religion plays a pivotal role in protecting the interests of children by instilling in members of the society, the needed respect for humanity and morality, which is mostly lacking in the modern era. It recommends, among other things that, government at all levels as well as religious leaders, should give priority attention to the protection of children.
29
Koçak, Harun, and Nurcan Özgür Baklacıoğlu. "Fair Trial for Transitional Justice: The Case of Belene Trial." Balkanistic Forum 32, no. 3 (September 15, 2023): 154–66. http://dx.doi.org/10.37708/bf.swu.v32i3.8.
Анотація:
Inspired by the 32-years long Belene trial, the article investigates the impact of deprivation from the right to justice on reaching transitional justice in aftermaths of crimes against humanity. Through bottom-up victims-centered perspective the article digs into the Belene victims’ oral history narratives to find out the impact of this deprivation on the societal contract, victims’ trauma, justice perception of the society and the rule of law. Based on textual analysis of open-ended interviews and narratives of the Belene victims, the article highlights the adverse consequences of neglecting the victims’ right to fair trial and transitional justice and perpetuating impunity, not only impeding justice and healing but perpetuating victimization and corroding societal trust. The sustained denial of victims' rights to a fair trial and access to justice exacerbates historical wounds, erodes the foundations of the justice and collective perception of fairness in the whole society. Beyond legal implications, the deprivation from right to justice affects individuals' psychological and social well-being and overall societal peace. The article emphasizes that transitional justice is a moral imperative, enabling the rebuilding of a peaceful and democratic society on principles of accountability and empathy, especially in the complex and sensitive aftermath of ethnic-based crimes against humanity.
30
Nagao Menezes, Daniel Francisco, Clodoaldo Silva da Anunciação, and Rodolfo Martinez Gutierrez. "Science and technology as fundamental rights: an analysis in times of the Covid-19 pandemic." Seqüência Estudos Jurídicos e Políticos 44, no. 94 (November 22, 2023): 1–26. http://dx.doi.org/10.5007/2177-7055.2023.e93574.
Анотація:
Covid-19 pandemic has put humanity in check, forcing the entire world to implement social distancing and isolation measures, affecting the planet's economy and public health. Big pharma financed, on many occasions, with public money, got involved in a runaway race to get a vaccine that could return the planet to the long-awaited normality, leaving their coffers full in the process. This paper analyzes the consequences of preventing the release of the patent for this vaccine in relation to the human right to use advances in science and technology. Using a qualitative methodology, with a descriptive scope, based on the bibliographical review, the contrast that occurs between the rights of peoples to receive the vaccine against Covid-19, as part of the right to to the use of advances in science and technology as a third generation human right, and the interests of large pharmaceutical companies and private business conglomerates, in the light of Law, ethics and public health, discerning on a controversial issue that has humanity in suspense. Concluded that what is at stake goes beyond economic interests, since those who own and maintain ownership of patents will have an advantage in terms of geopolitics and, incidentally, greater control over biopolitics.
31
Ngwerume, Emmaculate Tsitsi. "Promoting Women’s Right to Development through Artisanal Mining: The African Experience." International Journal of Research and Innovation in Social Science VII, no. VI (2023): 117–26. http://dx.doi.org/10.47772/ijriss.2023.7610.
Анотація:
Africa is one of the most naturally endowed continents with immense renewable and non-renewable resources ranging from timber, fisheries, oil and rich mineral deposits which inter alia include diamonds, gold, platinum, nickel, lithium and chrome. The natural environment has sustained humanity since its creation and this role cannot be over emphasised. The attainment of global, regional and development frameworks such as the Sustainable Development Goals (SDGs), the Agendas 2030 and 2063 all depend on the sustainable utilisation of natural resources. All these frameworks call for inclusive development and it therefore, becomes imperative for all humanity, regardless of gender, age, race etc. to be involved in any development initiative that impacts on their well-being. In Africa and beyond, the mining sector has become a key driver of socio-economic development. However, several challenges such as unequal opportunities due to systematic gender discrimination and gender blind regulatory frameworks have undermined the active and meaningful participation of women in this sector. Fundamental women’s rights, especially the right to development have largely been violated. The concept of the Right to Development underpins this research as it advocates for inclusive development. It boldly states that development is a human right which should be exercised by everyone and that it is the duty of the government to ensure that this right is not violated. Through the use of critical document and empirical case study analyses, the paper aims at revealing the extent to which women’s rights are being recognised and promoted in the extractives industry, particularly the artisanal gold mining sector. Consequently, the research thrives to proffer strategies which ensure that gender responsive mechanisms are put in place and women’s rights are promoted within the artisanal mining sector as this is critical for the attainment of the SDGs and the broad agendas for Africa’s socio-economic transformation.
32
Alsubuh, Riyad, and Towfic Shomar. "Property between Natural and Acquired Right." Jordan Journal of Social Sciences 15, no. 2 (September 29, 2022): 141–56. http://dx.doi.org/10.35516/jjss.v15i2.486.
Анотація:
The main objective of this study is to discuss the bases of why some philosophers assume that property is an essential part of human rights based on accepting it as a “natural” right, and to assess the credibility of such an assumption. In order to deal with such problematic issue, we contrast John Locke and Georg Hegel with Friedrich Engels; Locke posited that privet property right is part of natural rights, while Hegel claimed that privet property is a right granted by the state. In contrast, Engels thought that the origin of property, during the early stages of humanity, was that of communal or public property, which later changed to privet property due to the division of labour and the emergence of class societies and class straggle. The study draws a comparison between Hegel and Engels on several points: family, society, social contract, and the state. The study concluded that property, be it privet or public, is not a right but a means for a right, because it is based on the ability to be transferred and exchanged, whilst the natural right ought to be nun-transferable. The only right the state have is to put forward policies of property that would not inflect the natural origin of human rights.
33
Liao, S. Matthew. "Human Rights and Public Health Ethics." Social Philosophy Today 35 (2019): 9–20. http://dx.doi.org/10.5840/socphiltoday2019111968.
Анотація:
This paper relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the paper offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Duty bearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations.
34
Wood, Tim. "Domestic Politics, International Crimes: Gross Violations of the Right to Political Participation." International Criminal Law Review 16, no. 4 (August 18, 2016): 730–54. http://dx.doi.org/10.1163/15718123-01605001.
Анотація:
This article posits that gross breaches of the human right to political participation – in electoral contexts and more generally – are a central (if so far implicit) preoccupation of international criminal law. In particular, drawing on case law concerning attacks instigated by political organisations against their opponents, the author suggests that infringements of political participation can and do pervade the contextual elements of crimes against humanity. More concretely, depending on the circumstances, the author argues that deprivations of political participation may constitute the underlying offence of persecution. The elucidation of this link serves to refine our understanding of crimes against humanity, enhance the potential for comprehensive transitional justice, promote the systemic integrity of international law and highlight the importance attached to democratic values.
35
Gallagher, Adrian. "Conceptualizing humanity in the English School." International Theory 8, no. 2 (April 13, 2016): 341–64. http://dx.doi.org/10.1017/s1752971916000038.
Анотація:
The article advances three options to create new ways for thinking about humanity. First,reject humanityand view interconnectedness as state centric rather than human centric, with international law upheld as the bedrock institution of international society. Second,thin humanityputs forward a reductionist view that the value of humankind lies in the human worth of its members – human beings. In short, humanity is the sum of its parts. Third,thick humanity, which views humankind as an independent value in its own right. From this perspective, the value of humanity lies in its ubiquity, which reveals that it is not just more, it is different, to the sum of its parts. It is important to note that this is not a purely theoretical issue. One’s view of humanity shapes one’s view of whether citizens of one state should care for the citizens of another, which lies at the heart of contemporary debates over issues such as the responsibility to protect, human security, and redistributive justice. In so doing, the article speaks to broader debates on humanity that reflects the need for greater interdisciplinary research in the future.
36
Handini, Rossa, Reinhard Immanuel Setiawan, Evan Jonatan Satyagung, Oliviero Michael Putra Rasetya, and Moses Glorino Rumambo Pandin. "DONATION MOVEMENT AS THE IMPLEMENTATION OF CITIZENSHIP EDUCATION IN THE DISRUPTION ERA." Academy of Education Journal 13, no. 2 (July 1, 2022): 248–62. http://dx.doi.org/10.47200/aoej.v13i2.1029.
Анотація:
In the development of the era of disruption, the role of students is required to have above average ability, to compete in the world of work. From these demands, allowing the emergence of apathy towards the social environment that does not follow the values of citizenship, then came the solution of the donation movement to stem the apathy of students in the era of civic education-based disruption. Therefore, researchers want to find out if the sense of humanity in this era of disruption is reduced? Is the donation movement the right solution to overcome the lack of humanity in the era of disruption? The research method used is a combination of quantitative and qualitative through E-surveys and interviews to 40 student respondents of Universitas Airlangga 2021, five out of 40 representing interviews. From the results of the research obtained that the donation movement is the right solution for students to foster a sense of humanity through civic education.
37
Yulianto, Hendra Bagus. "Nalar Kemanusiaan dalam Da’wah Multikultural:." Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam 12, no. 1 (September 22, 2020): 72–93. http://dx.doi.org/10.30739/darussalam.v12i1.1183.
Анотація:
Islam taught by Allah as well as being exemplified by the Prophet is a universal teaching which is manifested through the tagline Islam rahmatan lil alamin, being able to give grace to anyone, including the society where da'wah entity is carried out. But in reality there is a gap where das sein da'wah which is practiced not only hasn't been able to answer social problems in the society, but also it has also contributed to creating problems, that is violence in the name of religion. The dynamics of this issue are very vulnerable, especially in the context of a multicultural society whose existence is built on the foundation of diversity. This research wants to offer an alternative approach in humanist da'wah, especially in formulating da'wah messages by making humanity values as as humanist perspective in a multicultural society. Humanity values are expected to be able to become a da'wah approach, especially in the context of a multicultural society, including: the value of truth, the value of virtue (right conduct), the value of non-violence , the value of love or love, and the value of peace
38
Blunt, Gwilym David. "Is global poverty a crime against humanity?" International Theory 7, no. 3 (August 13, 2015): 539–71. http://dx.doi.org/10.1017/s1752971915000123.
Анотація:
Pogge has repeatedly compared the causes of global poverty with historical crimes against humanity. This claim, however, has been treated as mere rhetoric. This article argues that there are good reasons to take it seriously. It does this by comparing Pogge’s thesis on the causes of global poverty with the baseline definition of crimes against humanity found in international law, especially the Rome Statute of the International Criminal Court. It argues that the causes of global poverty are comparable with the crimes of slavery and apartheid. This has important consequences for cosmopolitan thought, as it makes the need for practical solutions to global poverty more urgent and raises questions about the global poor’s right to resist the international system by violent means.
39
Milbank, John. "Between Catastrophes: God, Nature and Humanity." Revista Portuguesa de Filosofia 77, no. 2-3 (September 23, 2021): 489–500. http://dx.doi.org/10.17990/rpf/2021_77_2_0489.
Анотація:
Critical responses to the pandemic have divided between the need to control and defeat it and fears of a new medicalisation of human existence. In the short-term the first response is right, but in the long-term the second. The ideological division on this issue on the left roughly correlates with a relative stress on the power of the market on the one hand or the power of the state on the other. But these are two halves of the same picture: the mechanisation of human life and the artificial rendering of the natural scarce and threatening. The tendencies that give rise to pandemics and those which exult in increasing total control are the same. Resistance can only come from a resistance to liberal mechanising as such. This requires the double sense that we are as spirits located within nature and yet as spirits transcend nature, which the theological doctrine of creation upholds. The challenge is to create a new global consensus and shared metaphysical politics around this legacy.
40
Wolsink, Sabine. "‘Let Us Just Be Humans’: Reading Allard Pierson’s True Humanity through the Lens of Caputo’s Religion without Religion." Religions 15, no. 3 (March 12, 2024): 340. http://dx.doi.org/10.3390/rel15030340.
Анотація:
The Dutch intellectual Allard Pierson (1831–1896) is often considered to be an example of secularism. In 1865, he resigned as a minister from the Dutch Reformed Church in order to promote true humanity in society at large. This article explores how Pierson’s true humanity can be considered as an ultimate concern (Tillich) or a religion without religion (Caputo) by reading him through the lens of John D. Caputo’s thinking. Both Caputo and Tillich developed a non-institutional and undogmatic understanding of religion, in which religion is related to a universal human love, passion, or ultimate concern that is not necessarily linked to a religious institution or doctrine. After an elaboration of Caputo’s religion without religion, the article discusses Pierson’s thinking in the context of nineteenth-century theological modernism and debates on the modernist’s right to stay in the church. Then, Pierson’s reasons for his resignation and his true humanity are examined. It becomes clear that Pierson did not choose secularism over religion, but rather surpassed the religious-secular divide by a focus on our common human nature. Being human was more important than being Christian, which exemplifies the late-nineteenth-century move from a theistic Christianity towards a humanistic religiosity or humanism.
41
Banks, Joy, Kmt Shockley, and Courtney Wilkerson. "“Ain’t I Got a Right to the Tree of Life?”: Examining Special Education through the Application of Afro-Humanity." Research Articles 28, no. 2 (October 25, 2021): 138–49. http://dx.doi.org/10.7202/1082921ar.
Анотація:
In this manuscript we chart the intersection of dis/ability and Afro-humanity. We propose that Afro-humanity is a contextual paradigm within African-centred ideology that can be applied to explore the ways in which disability may be perceived differently when applying a specific, cultural philosophical lens. We also explore the process of decolonization, whereby African American parents, with a child identified with an intellectual disability, reorient themselves to a way of thinking that is more emancipatory. The parents act in a way that challenge concepts about human cognitive variance and notions of dis/ability in school settings. Drawing on such a model as Afro-humanity, we argue for a more equitable approach to community and educational engagement for Black students labelled with dis/abilities.
42
Hartney, Michael. "Some Confusions Concerning Collective Rights." Canadian Journal of Law & Jurisprudence 4, no. 2 (July 1991): 293–314. http://dx.doi.org/10.1017/s0841820900002940.
Анотація:
In recent years, there has been an increased interest in considering collectivities to be moral agents and holders of collective rights. Peter French and others have argued that corporations are agents and bear moral responsibility for their actions. Virginia Held makes similar claims about nations. She also believes that we have “obligations to humanity collectively, to bring about its continued existence, and perhaps also to such lesser groups within it as our fellow nationals or conceivably the ethnic group to which we belong or the family or clan of which we are a member” and that in some of these cases—humanity, nations—the obligation correlates with a collective right. Perhaps, the area where claims of collective rights have aroused the greatest interest is that of the alleged rights of minority groups within some larger political unit. Thus, in recent political debate in Canada, collective rights have been ascribed or invoked in relation to Quebec and to aboriginal peoples. It is with this last group of alleged collective rights that I will be particularly concerned in this paper.
43
Nour, Andrada. "Euthanasia – A Right of the Human Being or a Crime against Humanity?" Scholars International Journal of Law, Crime and Justice 03, no. 05 (May 7, 2020): 139–43. http://dx.doi.org/10.36348/sijlcj.2020.v03i05.001.
44
Jelin, Elizabeth. "Sexual Abuse as a Crime against Humanity and the Right To Privacy." Journal of Latin American Cultural Studies 21, no. 2 (June 2012): 343–50. http://dx.doi.org/10.1080/13569325.2012.694805.
45
Ogbe, Richard Suofade. "The Jurisprudence of Crimes against Humanity and Global Poverty." ABUAD Law Journal 8, no. 1 (June 30, 2020): 108–21. http://dx.doi.org/10.53982/alj.2020.0801.07-j.
Анотація:
There have been efforts at evaluating the causes of global poverty vis a vis crime against humanity. The gap between rich and poor has increased over the years in the world. Crime against humanity is an offense in international criminal law that comprises various acts such as murder, extermination, enslavement, torture, forcible transfers of populations, imprisonment, rape, persecution, enforced disappearance, and apartheid, among others. States are obligated to guarantee the welfare and security of their citizens by carrying out programmes meant to eradicate poverty. Many states in the world have failed in this regard. The conversation as to whether global poverty can be taken as a crime against humanity appears to be mere rhetoric. This paper seeks to argue that there are cogent reasons why global poverty should be taken as a crime against humanity because poverty makes people sick, and dehumanizes the human person. This is particularly based on the standard and guidelines adopted in defining crimes against humanity as encapsulated in international laws, especially the Rome Statute of the International Criminal Court and International Military Tribunal for the former Yugoslavia. This paper submits that the causes of global poverty are comparable with the crimes of slavery, torture, murder, etc because poverty in itself is a massive crime against humanity. The international community must hold to account the few privileged and rich persons whose economic activities perpetuate poverty in the world and treat them in the same way the perpetrators of rape, torture, enslavement, murder, and extermination are treated. This is a sure way the global poor's right to good and meaningful life can be guaranteed. The international community should continue to protect the poor from the horrible institutions and poverty inflicted upon them by the few rich and privileged persons in the world. This paper, therefore, seeks to conceptually clarify the connection between poverty and human rights from an international human rights law perspective.
46
Mukhlis, Febri Hijroh. "INTERNATIONAL HUMAN RIGHT AND ISLAMIC LAW: Sebuah Upaya “Menuntaskan” Wacana-Wacana Kemanusiaan." Dialogia 15, no. 2 (December 1, 2017): 285. http://dx.doi.org/10.21154/dialogia.v15i2.1195.
Анотація:
Abstract: Islam offers eternal universal message, namely justice, equality, respect and humanity. This universal message is the holy Sunnah of the Prophet. Due to the advanced information and technology, the current problems of mankind increasingly appear. The problem can be viewed positively if everyone understands completely the universal message of prophethood by always stand in the social-humanity. This articleis intended to examine the issue of human rights and Islamic law as an effort to end the dichotomy between Islam and humanitarian problems. It employed descriptive qualitative study that concern with a conceptual disputes. The findings showed that the dichotomy between the concept of human rights and Islamic law must be completed in terms of equality and humanity. Humanitarian affairs are a common action regardless of any interests, religion, politics, culture and even knowledge. If the harmony and understanding between the concept of humanity in the religious or tauhid framework is absence, the understanding of humanity must be freed from all forms of identity interest. Islamic law and human rights are two matters that support each other. Islam respects human rights and vice versa. The religious view must be universal as the views of human rights should also be universal. Each restricted view narrows the relationship. كان الإسلام يحمل رسالة عالمية وهي العدالة والمساواة والاحترام والإنسانية. ملخص:وهذه الرسالة العالمية في الواقع من السنة النبوية المقدسة. ولكن الآن هناك مشكلات متنوعة يواجهها الإنسان فى عصر المعلومات والتكنولوجيات. وهذه المشكلات يمكن أن تكون إيجابية إذا كان الإنسان يفهم حقوق الرسالة النبوية العالمية التي تميل دائما إلى مجال الاجتماعية-الإنسانية. تبحث هذا البحث فى دراسة قضية حقوق الإنسان والشريعة الإسلامية كالمحاولة لإنهاء التناقض بين الشريعة والإنسانية. هذه المقالة من البحث النظري باستخدام الدراسة النوعية الوصفية. وخلاصة هذه المقالة أن ليس هناك التناقض بين مفهوم حقوق الإنسان والشريعة الإسلامية لأن أهدافها متساوية وهي العدالة والمساواة والإنسانية. ومن الممكن حل المشكلات الإنسانية تحت رعاية الشريعة الإسلامية والإنسانية بدون النظر إلى أية دين، وسياسة، وثقافة، ومعرفة. وإذا كان هناك التناقض بين مفهوم الإنسانية والشريعة الإسلامية فيجب أن تقدّم الإنسانية براءة من أية علاقة الهوية. إن الشريعة الإسلامية وحقوق الإنسان فى الحقيقة أمران يدعمان بعضهما بعضا. الإسلام يحترم حقوق الإنسان وكذلك العكس. ويجب أن تكون الفكرة الدينية عالمية وكذلك آراء حقوق الإنسان فينبغي أن تكون عالمية أيضا. الفكرة الضيقة لكل منها ستحمل إلى العلاقة الضيقة بينها. Abstrak: Islam membawa pesan universal yang abadi, yakni, keadilan, persamaan, penghargaan dan kemanusiaan. Pesan universal inilah sebenarnya Sunnah Nabi yang suci. Namun problem terkini umat manusia begitu variatif, degan semakin majunya informasi dan teknologi. Problem tersebut bisa menjadi positif jika semua orang benar-benar memahami pesan universal kenabian dengan selalu memihak kepada sosial-kemanusiaan. Artikel ini berupaya mengkaji problem HAM dan hukum Islam sebagai salah satu upaya untuk mengakhiri dikotomi antara Islam dan problem kemanusiaan. Artikel ini merupakan kajian konseptual, dengan jenis kajian kualitatif deskriptif. Kesimpulan dari kajian ini yaitu, dikotomi antara konsep HAM dan hukum Islam haruslah dituntaskan, kedunya pada satu ujung tujuan, yakni keadilan, kesetaraan dan kemanusiaan. Urusan kemanusiaan adalah urusan bersama tanpa memandang kepentingan apapun, baik agama, politik, budaya, bahkan pengetahuan. Jika tidak adanya keharmonisan dan kesepahaman antara konsep kemanusiaan dalam bingkai keagamaan atau tauhid maka pemahaman tentang kemanusiaan haruslah dibebaskan dari segala bentuk kepentingan identitas. Hukum Islam dan HAM adalah dua hal yang saling mendukung. Islam menghargai HAM begitupun sebaliknya. Pandangan agama haruslah bersifat universal sebagaimana pandangan mengenai HAM juga sebaiknya bersifat universal. Pandangan masing-masing yang sempit akan menyempitkan hubungan keduanya pula. Keywords: international human right, Islamic law, humanity
47
Pham, Kien Thi, and Xuan Bui Dung. "The Philosophy of Nguyen Trai for the advancement of the Concept in Humanity." Pertanika Journal of Social Sciences and Humanities 29, no. 4 (December 8, 2021): 2453–68. http://dx.doi.org/10.47836/pjssh.29.4.20.
Анотація:
In Vietnam, humanity thought is a national cultural value that is highly appreciated at all times. Typical for the humanistic thought of Vietnam is the philosophy Nguyen Trai’s. To better understand of Nguyen Trai’s thoughts on humans, the article uses a comprehensive method and specific history of dialectical materialism to clarify the humanity content of philosophers around the world. At the same time, the article uses analysis, comparison, and synthesis methods to see the interference of Chinese Confucian thought with the value humanity of Viet Nam inside of humanity Nguyen Trai. From there, the paper draws great ideas of Nguyen Trai clarifies the idea of benevolence with justice, empathy, and understanding of the plight of others. Nguyen Trai humanity thought to help the suffering and unhappiness of others, even those of your enemies. However, in the history of Vietnam and the war situation, Nguyen Trai’s humanity thought has exceptional value. Humanity also means respecting and valuing the good, great, and sacred dignity in every human being. The social wisdom in managing the country is that hate the brutal forces trampling on the right to life, and happiness. That is the value for Vietnam today to build socialism.
48
Shalihah, Fithriatus, Muhammad Raka Fiqri, and Mohd Arief. "Violation of The Universal Declaration of Human Rights 1948 for Crimes Against Humanity in Myanmar and China." Jurnal Selat 8, no. 2 (May 31, 2021): 200–217. http://dx.doi.org/10.31629/selat.v8i2.3831.
Анотація:
Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.
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Fattah, Virgayani. "HUMAN RIGHTS CATEGORIZED JUS COGENS AND IT’S RELATION TO THE RIGHT OF EDUCATION." Tadulako Law Review 2, no. 1 (June 30, 2017): 69. http://dx.doi.org/10.22487/j25272985.2017.v2.i1.8384.
Анотація:
Jus cogens as a norm of general international law accepted and recognized by the international community as a whole with the main characteristics is the nature of non derogable rights.The right to education is a fundamental human right, so that its existence can’t be reduced under any circumstances based on the importance and importance of education for children.The national education policy is not yet fully aligned with the international human rights instruments causing the development of education sector not yet fully based on human rights.The Government is obliged to fulfill the right to education primarily in relation to the budget for building and repairing school buildings and improving the quality of education in Indonesia, as set out in the International Human Rights Instrument, in particular the Covenant on Ecosystem Rights.The importance of the right to education as the primary vehicle for lifting and empowering children from poverty, as a means to participate actively and totally in the development of its social community and as a powerful road to humanity.
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Aboud, Malcolm. "Athletes as Objects of Property: A Kantian Rethinking of Flood v. Kuhn." Canadian Journal of Law & Jurisprudence 26, no. 2 (July 2013): 471–90. http://dx.doi.org/10.1017/s0841820900006159.
Анотація:
In the 1972 case Flood v. Kuhn, St. Louis Cardinals outfielder Kurt Flood petitioned to the United States Supreme Court arguing that professional baseball’s century-old reserve system was illegal. In the case, which was ultimately unsuccessful but led to the establishment of modern free agency, Flood argued that by granting teams the perpetual right to renew players’ contracts and the right to unilaterally trade players to other teams, the reserve system treated him as “a piece of property to be bought and sold” and reduced him to a “well-paid slave”. In this paper, I justify Flood’s claim by appeal to a Kantian division of rights. I argue for a Kantian conception of rights under which property rights are properly defined as rights in rem in external objects; on the basis that the right a team holds in a ballplayer under the reserve system is alienable and holds against all the world, I argue that it is a right in rem and accordingly constitutes a property right under Kant’s view. I then argue that the reserve system treats the player as a slave by constraining his purposiveness such as to violate a Kantian conception of the innate right of humanity. On this basis I argue that Flood was right to conclude that the reserve system treats the player as an object of property akin to a slave.