Addressing Islamophobia Creatively in the Classroom

The collapse of most authoritarian rulers in the Arab world in particular and the Middle East in general, was automatically followed by a wider change in the direction of political policy and freedom of expression (hurriyyah al-ta'bīr), channeled through various social media. The freedom of expression does not always have positive implications but is accompanied by the growth of expressions of hatred. Hate speech or khitāb al-karāhiyah contri-butes to the social and political contestation of the Arab Arab World. The research questions in this study are as follow (1) what factors are behind the emergence of hate speech in the Arab world?(2) what is the form and type of hate speech that occurs in the Arab socio-political context? and (3) what is the meaning behind the hate speech? The primary research data were newspapers, journals, related books, and supporting data obtained online. These data were analyzed qualitatively based on the sequence of research formulation. The data analyzed with a socio-pragmatic approach combined with a discourse analysis approach that views language as a social symbol. The results of the study show that (1) hate speech in the context of the Arab World emerged from diverse contexts such as the clash among football supporters, Sunni vs. Shia, and the tensions among rebel groups and the rulers, and the peak of the hate speech occurred during the Arab Spring; (2) though hate speech may be expressed using neutral terms, it essentially refers to a particular discourse; (3) forms of hate speech are contained in the selection of words that are rude, dirty, and hateful; 4) forms of hate speech are expressed in the form of revolutionary slogans. These three forms of hate speech have a referential meaning towards the social facts that occur, namely in the form of the guiding of certain political discourses such as criticism of the Mubarak regime, hatred of certain social groups such as the IM, hatred of political figures, and incitement to commit criminal acts.

This paper aims to offer a fresh start for addressing several conundrums relating to hate speech. The method of research combines a conceptual analysis with a possible model for evaluating the European Court of Human Rights’ (ECtHR) decisions on hate speech. First, drawing on a Gricean account of communication, the argument proposes a working definition of hate speech: hate speech is best understood as a public speech act, aimed at subordinating individuals, which causes harm to targeted groups. Second, the paper offers a taxonomy of the different forms of hate speech, based on their degree of explicitness and detachment from the speaker’s intentions. The most explicit forms of (harmful) hate speech – e.g., racial slurs, fighting words, or overtly sexist remarks – will be distinguished from implicit forms of (harmful) hate speech – e.g., innuendo, insinuation, and irony. Third, the author develops a categorical framework for hate speech that can be used as a standard for evaluating the jurisprudence of the ECtHR. The author also discusses three limitations of the model: a) the absence of a European consensus, b) puzzled speakers, and c) difficulty in determining harm.

The conceptions of the anthropological bases of natural human rights and current views of scientists, are investigated in this paper. The ideas how to improve the anthropological conception of natural human rights are offered in this paper. Fundamental theories of origin of natural human rights, which contain the anthropological approach to understanding the concept of human rights, and their incipience are analysed. It is ascertained, that every of existing approaches to anthropological understanding the concept of natural human rights has some disadvantages, caused by the multiform of the category ‘human rights’. The purpose of this scientific paper is to investigate the conceptions of the anthropological bases of natural human rights and current views of scientists, to offer the ideas how to improve the anthropological conception of natural human rights. It is offered to determine the anthropological basis of natural human rights on two points: 1) from the position of a single individual and peculiarities, which are inherent to a person regardless of social environment. Anthropological basis consists in aspiration of every single person for keeping the individuality and providing the worthy living conditions; 2) from the position of society, because every individual has an interest in setting up of some legal rules, which would improve the quality of living within society, protect the private life from infringement, establish the boundaries of sphere in which society and state may interfere. It is proved that anthropological and legal basis of natural human rights depends on legal culture, that is formed during the certain historical period in a definite country. It is ascertained, that the assertion that natural human rights are invariable, can be considered as erroneous, because the interpretation of the basic human rights is changing together with the changing of direction of legal conception. The issue that anthropological basis of human rights can be used to restrict some rights is considered. It is reasoned that it is important to take into consideration during the determination the anthropological basis of natural human rights, that definition of human nature does not exist. It is considered that anthropological and legal basis of natural human rights is perspective field for further researches, because scientific discussion about the origin and essence of human rights is not complete. It is proved that it is impossible to make an impartial determination of the essentiality of the human rights only on the base on one scientific approach, due to the versatility of the category human rights. Keywords: anthropological basis, natural human rights, natural legal understanding, essentiality of the human rights.

Emerging and spreading hate speech online was a growing phenomenon in social media on youtube. Najwa Shihab was a youtube channel that contains shows and comments on political issues in Indonesia, one of them was the 2019 presidential election campaign. The form of hate speech in comments in the Najwa Shihab Channels was forming grammatical construction and construction of the meaning of one hate speech with other utterances. The purpose of this study was to analyze the illocutionary speech acts on hate speech and to analyze hate speech based on the rule of law in Indonesia. The analysis resulted in hate speech on the Najwa Shihab youtube channel audience comments in the General Election campaign in the discourse of the President and Vice President of the Republic of Indonesia in 2019. The approach that used in this study was a theoretical approach, namely a forensic linguistic approach by utilizing pragmatics for data analysis, and a methodological approach, namely a qualitative descriptive approach. The data on hate speech that was analyzed was a fragment of the audience's comments on two programs, namely Mata Najwa and Catatan Najwa. The results showed that there were nine forms of hate speech. Two forms of hate speech were considered to be the style of speech that was widely used by the public in delivering comments on social media. The forms of the speech were "Form of Hate Speech, Assertive Speech - Insult" and "Form of Hate Speech, Assertive Speech - Defamation". The existence of this form of speech can be a reference for the community to process opinions first before conveying it on social media. It's legally can be used as an offense in cases of hate speech.

This paper examines economic explanations of governmental basic human rights performance in more than one hundred nations. Following Henry Shue's conceptualization of basic rights, I analyze a set of key economic variables (level of development, income distribution, rate of growth, foreign trade, and foreign investment) in terms of their impact on basic socioeconomic and political rights (defined here are subsistence and security rights).Drawing on criticisms of the existing literature, the paper calls for a new empirical approach to cross‐regional comparative human rights studies. The article first conceptualizes and operationalizes the concept of basic rights. It then provides a critical review of the relevant literature on economic explanations of rights. Analyzing both individual and combined effects by using correlations analysis, cross‐tabulations, bivariate and multiple regression techniques, I interpret my findings as follows: Basic human rights performance is much more varied across nations of comparable economic background than indicated by most other studies of a similar nature. While economic conditions have a significant impact on all basic rights, there are, nevertheless, important differences with respect to the type of basic right and the specific economic variable concerned. Security rights tend to be less affected by economic factors than subsistence rights. Below the threshold of about $1,000 Gross National Product (GNP)/capita income countries are generally unable to guarantee even a modicum of subsistence rights. While level of development can explain close to 50% of the variation in basic human rights performance, income distribution becomes more crucial the more developed nations are. Other findings show foreign trade to have a significantly negative impact on security rights while being somewhat positively related with subsistence rights.

Ratner, Steven R. <i>The Thin Justice of International Law: A Moral Reckoning of the Law of Nations</i>.New York: Oxford University Press, 2015. Pp. 496. $85.00 (cloth).

Clinician Perspectives on Ethics and COVID-19: Minding the Gap in Sexual and Reproductive Health.

Introduction: human dignity – an integrative and open concept ‘Human dignity’ has become one of the most important integrative formulas in international politics. Since 1948, when it was introduced into Article 1 of the United Nations Universal Declaration of Human Rights, it has successfully functioned as an umbrella concept that bridges seemingly insurmountable ideological gulfs and provides a basis for consensus and compromise. Similarly to other political guiding concepts such as justice, liberty, peace or, more recently, sustainability, human dignity is an essentially open concept that leaves room for varying interpretations and contextualizations and thereby allows even the otherwise fiercest adversaries to speak with one voice. Another reason why human dignity has been increasingly introduced into constitutions and international treaties since 1948 is the wish for an absolute – a foundational principle that overarches, as it were, all constitutional and other political principles, a common reference point that is beyond controversy and conflict and plays the role, in Kantian terms, of an a priori to which all other political ideas are subject. Human dignity is predestined for this role because of two characteristic factors: the openness of its content and its independence of any particular metaphysical background theory. The extent to which the concept is semantically open is documented by its function as a heuristic tool in the process of gradually extending the canon of basic human rights. Although it is generally agreed that there is a stable connection between the idea of human dignity and the idea of basic human rights, the number and identity of the rights associated with the idea of human dignity is not static but, rather, dynamic. What human dignity implies – its content and consequences – has no fixed magnitude but is open to interpretations that extend its range and content into new directions, though in continuity with its established content. Extensions usually respond to new threats posed, for example, by new and unexpected political constellations, natural phenomena or technological developments. That human dignity shares this dynamic character with human basic rights supports the widely held assumption that the notions of human dignity and basic human rights are closely linked to each other.

Today, it is not easy to find a view that denies that the purpose or basis for the existence of the state is the protection or realization of the basic human rights of the people. In other words, state power or state order that neglects the protection and realization of the human rights or basic rights of the people cannot be evaluated as legitimate. Since modern times, the consciousness that a democratic rule of law should not infringe on the freedom and equality of the people but should protect and realize them has become common. To harmoniously realize the basic rights of the entire people in today's world, on the one hand, if the state restricts the basic rights of the people, the necessity and legitimacy must be demonstrated, and on the other hand, the argument that the state bears the obligation to improve the overall legal system, such as organizations and procedures, to substantially and objectively guarantee the freedom and rights of the people is gradually gaining traction based on the basic rights protection obligation theory. Despite such developments in constitutional theory, the problem of state power infringing on the basic rights of the people has not been solved. In addition, although the infringement of basic rights (such as the right to self-determination of personal information and personal rights) by private persons has been made more frequently and in a more sophisticated way due to deepfakes, hacking, and flooding of false and manipulated information, doubts or criticism about the function and capacity of the state to solve this problem has been sharply raised. In this situation, the topic of “human rights of the state and the people” itself needs to be considered to determine what approach is desirable despite its constitutional significance and importance. It does not stop at redefining the constitutional theory that defines the basic rights of the people as “the people's public right by the rule of law” and has the character of the people as a subjective public authority and as a standard or guideline for forming the state's objective value order. This paper aims to examine the relevant laws and conditions in detail, focusing on the mechanisms by which the state and local governments protect and realize the basic human rights of the people. By cross-examining the history, universality, cultural diversity, and specificity of human rights, the relationship with state power, and the meaning of human rights in the national order were identified, and the role and limitations of the state to protect the basic rights of the people were reviewed, focusing on the third generation of human rights that are emerging today.

John Rawls produced two versions of the law of peoples: an article, published in 1993, and a book, published in 1999. Both versions defend basic human rights as a minimum requirement of a just law of peoples. However, in an apparent effort to strengthen his defense of this requirement, the argument changed. This paper examines the apparent difficulties that forced the changes and maintains that they still do not succeed in justifying basic human rights. The source of the difficulty, I argue, is Rawls’s reluctance to impose liberal values on nonliberal societies, and the imposition of such values, I suggest, is unavoidable if basic human rights are to be justified. Hence, if our best attempts to justify basic human rights ultimately show that appeals to liberal values are unavoidable, then we should regard such appeals as no more of an imposition than the expectation that all societies must protect basic human rights. Even more significantly, if such appeals justify liberal freedoms that go beyond basic human rights, then arguments in support of basic human rights would also justify international efforts to advance further liberal reforms within nonliberal societies.

This study seeks to enhance the practical ability of the basic human rights promotion plan in the future by comparing the policy directions and detailed projects of the basic human rights promotion plan in local governments as the interest in human rights expands. The Basic Human Rights Promotion Plan is a comprehensive human rights plan that improves laws, systems, policies and practices by reflecting the Charter or Declaration of Human Rights in a policy manner, usually on a three- to five-year basis. It also proposes a basic direction and action plan for human rights policies to gradually implement human rights norms at the local government level. The establishment of a basic plan for the promotion of human rights by local governments, despite its importance, often gives meaning to the planning itself or is set up as a plan for the planning without being linked to the execution. In addition, many of the human rights plans overlap with the universal projects of welfare programs, with the basic human rights promotion plan not clearly divided between human rights and welfare. This is something to consider and need to be improved in the development of a basic human rights plan.

This paper offers a theory of the structure of basic human rights which is both compatible with and clarificatory of the traditional conception of such rights. A central contention of the theory is that basic rights are structurally different from other kinds of moral rights, such as “special rights,” because of differences both in the way in which basic rights have content and the model on which basic rights are correlative with duties. This contention is exploited to develop and defend the central thesis of the theory, namely that basic human rights are bundles of mutually held “active” rights enjoyed by persons in virtue of the specifiable moral relationships they bear to each other.

One of the lessons taught by the Covid 19 epidemic experience is that the world physical streets, schools, markets, places of worship and other environments for human physical interactions could self-shutdown for months in order for man to preserve its existence. As the physical world was, literarily speaking, systematically shutting down in the year 2020, due to the rapid spreading of Covid 19, the digital world was gaining momentum, more citizens and expanding its usefulness and usage. Online streets where people could meet and interest were enlarged, many schools were opened in the digital world, markets became common feature online, places of worship became normal and meetings of all kind were held online, courts proceedings, movies premiere, dating, training… life simply moved into the digital world. This actuality unlined the importance of access to internet (as the door to the digital world) and instigated this article. This library-based research examines, in the main, the correlations between the basic human rights and right of access to the digital world via the internet. The study also suggests that right of access internet access encompasses the fundamental rights of freedom information, freedom of association and other basic human rights that are constitutionally protected by domestic laws of nations. The study also takes a peep at concept tagged as Internet of things (IoT), supports the debate that digital right is a distinct right that needs specific protection and argues that digital right enjoyment and enforcement are not limited to natural persons alone. The study concludes by emphasising the need to design international legal regime that will internationally protect the all-importance digital right of citizens from domestic interference by municipal authorities of nation states.

광주광역시 광산구 인권보장 및 증진에 관한 기본 조례의 내용과 문제점 및 향후 과제를 살펴보고자 한다. 국가인권위원회법, 광주광역시 인권보장 및 증진에 관한 조례, 다른 지방자치단체의 인권조례의 내용을 비교 검토한다. 궁극적으로 광산구 인권위원회와 인권팀이 조화롭게 운영됨으로써 주민의 인권 보장과 증진을 위한 실효적인 제도로써 운영될 수 있도록 그 근거가 되는 광산구 인권기본조례의 내용 및 개선안을 살펴보고, 중&#65381;장기적인 개선과제까지 함께 제시한다. 이론적&#65381;정책적으로 보완하여야 할 주요과제를 정리하면 다음과 같다. 첫째, 지방자치단체가 법령이 정한 기준을 넘어 기본권을 보다 잘 보장하는 조례를 제정할 경우 이 조례를 법령에 위반된다는 이유로 무효라고 해석해서는 안 된다. 둘째, 위원회의 권고결정의 실효성을 제고시키기 위해서는 국가인권위원회법이 규정하는 권고사항의 이행계획 통지, 불이행할 경우 그 이유 통지, 통지내용 공표제도를 추가적으로 규정해야 한다. 인권기본조례의 목적을 효과적으로 달성하고 그 실효성을 제고하기 위해서는 인권전담부서를 독립적으로 설치하는 것이 필요하다. 셋째, 광산구는 인권영향평가를 현실적으로 실시할 수 있는 제도적 기반이 부족한 상황이다. 인권영향평가의 주체 및 절차에 관해서 세부적인 사항을 운영규칙에 규정하는 것이 필요하다. 그리고 인권인지예산제도가 시행될 수 있도록 조례에 근거를 신설하고, 지방자치단체장의 임기기간동안 최소한 1회 이상 인권백서를 발행할 수 있도록 이에 대한 근거규정을 광산구 인권기본조례에 신설하는 것이 필요하다. 넷째, 지방자치단체의 인권위원회는 중앙정부 차원에서 구현하기 어려운 인권의 공백을 메우는 기능을 하는데 멈춰서는 안 되고, 적극적으로 중앙정부의 인권 보장을 선도할 수 있도록 하여야 한다. 마지막으로 인권기본조례의 실효성을 제고시키기 위해서는 사후적인 입법평가작업이 이루어져야 하고, 계속적인 보완개정이 이루어져야 한다.This study examines the contents of the basic ordinance on the protection and promotion of human rights in Gwangsan-gu by comparing and reviewing the contents of the National Human Rights Commission of Korea, the Act on the Protection and Promotion of Human Rights in Gwangju and other local governments. Ultimately, the Human Rights Commission and the Human Rights Team of the Gwangsan-gu are managed harmoniously, and the basic regulations of the Gwangsan-gu are reviewed and presented for improvement so that they can be operated as an effective system to ensure and promote the human rights of residents. The main tasks to be supplemented theoretically and in policy are as follows. First, if local governments enact ordinances that better guarantee basic rights beyond the standards set by the Act, they should not be construed as invalid on the grounds that they are in violation of the Act. Second, in order to enhance the effectiveness of the Committee s recommended decision, it should additionally stipulate notification of the plan for implementation of the recommendations prescribed by the National Human Rights Commission Act, notification of the reasons for failure, and the system for publishing the notice contents. And in order to effectively achieve the purpose of the Basic Human Rights Ordinance and enhance its effectiveness, it is necessary to establish a human rights preamble department independently. Third, It lacks the institutional foundation to conduct the human rights impact assessment realistically. It is necessary to prescribe details in the operational rules regarding the subject and procedure of the human rights impact assessment. In addition, it is necessary to establish a basis in the ordinance so that the human rights awareness budget system can be implemented, and to establish a basic ordinance on human rights so that a Public paper can be issued at least once during the term of the head of a local government. Fourth, the Commission on Human Rights in local governments should not stop functioning to fill gaps in human rights that are difficult to implement at the central government level, but actively lead the central government s guarantee of human rights. Finally, in order to enhance the effectiveness of the basic human rights ordinance, post-legislative evaluation work must be carried out, and continuous supplemental revision must be made.

The main objective of the study is to examine the depiction of democratic and human rights abuses in Amelmal’s, Yältäkoäche Guzo (Unfinished Journey). One of the considerable importances of literature all over the world is its use of sympathetic and attractive literary language to expose basic human right abuses since human rights are also part of human life. Therefore, analyzing the roles of literatures that are written in Amharic language in portraying basic human rights violations is paramount. However, literatures written in Amharic language are not well studied from human rights violation perspectives. This article, therefore, explores how the violations of basic human rights are depicted in the selected novel. Because there was no computable data used, the study considered qualitative research method. Regardless of the system by which a country is ruled, human rights are inviolable because they are innate. The analysis of the novel, however, depicts that the inviolable human and democratic rights of human beings have been violated. The finding of the study showed that the depiction of human and democratic rights violations was explicit. It showed that people’s rights to life, rights to equality, rights to liberty, and rights to election were abused during the two political regimes.