Aspects Of Human Rights Research Articles

The spatial aspect of human rights: a framework for the structural and spatial analysis of human rights practice

ABSTRACT Space is a contingent matter in the application, monitoring, and overall experience of human rights. Political ecology, sociology, and, most recently, geography have addressed the dialectical space-human rights through environmental or urban justice struggles. In this paper, I introduce a framework that articulates the analysis of space and human rights. The framework features three functional facets of spatial structures and discusses how they intervene with the experience of rights. The purpose of this article is to introduce a novel theoretical framework that makes space a level for human rights research. This discussion fills a gap in the current human rights literature, supports the further integration of environmental variables and non-human entities in the human rights system, and defends the validity of non-traditional approaches for the development of the human rights project.

The human conditions and the senses of children’s rights

연구목적: 올바른 아동권리 인식의 정립을 위하여 아동권리를 아렌트의 ‘인간의 조건’에비추어 논의하였다. 방법: 아동권리를 아렌트의 ‘인간의 조건’과 관련시켜 철학적으로 논의하였다. 결과: 첫째, 재화-보호-참여의 아동권리인식 3단계인 3P는 아렌트의 인간의 조건인 탄생성, 사멸성, 다원성에 상응한다. 아동권리의 증진이 참여에 무게를 두면서 이행되는 것은타당하지만, 재화와 보호의 측면을 소홀히 할 수 없다. 둘째, 아동권리의 보편성의 미명아래 아동의 삶의 제 조건을 평등하게 하려는 시도는 아동의 삶을 더욱 열악하게 하며동시에 아동권리 증진에 역행한다. 셋째, 인간의 조건에 비추어 아동권리는 탄생성을 담고 있는 가정과 공적 영역과 사적 영역의 가교인 학교에 초점이 맞추어져 논의되어야 한다. 넷째, 권리지상주의의 연장에서 아동참여를 지나치게 호도하는 일을 경계해야 한다. 다섯째, ‘인간의 조건’에 합당한 아동권리를 모색하기 위한 노력은 아동이 실질적으로 향유하고 행사하는 권리의 속성에 비추어 경주되어야 한다. 결론: 아동권리인식을 보편성에 근거하여 성급하게 참여에 초점을 맞추는 데에는 세심한배려를 요구한다.Objectives: The purpose of the study is to examine the validity of participation priorityover othersMethods: Philosophical discourses on the kinds of rights and Vita Activa by ArendtResults: The paper has examined the developmental stages of children’s rights, i.e. provision,protection and participation (3P) in the light of the human conditions established byHannah Arendt. 3P are correspondent with natality, mortality, and plurality respectively,while natality is to be focused on so that children actually exercise their own rights withoutany unnecessary universality from the adults’ point of view. The universality arisen fromthe Enlightenment Project should be eschewed to protect from the Grand Social EngineeringProject which can deteriorate their own authentic lives as well as their rights entitled. Fromthis, the value of family should be taken seriously, not universally but privately, and alsoif school is to be a link between their private and public lives, the role of school shouldbe concerned with their well-being present and future. Children’s participation should notbe overevaluted in terms of the universal aspect of human rights. Finally the human conditionshould be taken seriously in order that children’s rights can be actually improved intheir real lives. Conclusions: Over-emphasis on rights-based arguments for children’s participation shouldbe restrained within the categories of rights that can contribute to improve children’s rights.

Latin American Nations at a Crossroads: Status‐quo or Policy Change?

This first issue of Latin American Policy for 2020 takes the pulse of major events in the region. Readers will find six well-written research articles dealing with policy challenges in key Latin American countries. Élodie Brun and Kevin Parthenay offer a sociological study on how states and institutional actors within the United Nations deal with the Venezuelan crisis and Nicaraguan issues under their respective agendas, highlighting the “multiple voices” that coexist in the multilateral organization. Felipe Brasil, Ana Claudia Niedhardt Capella, and EJ Fagan elaborate an innovative approach to explain public policy in Brazil by applying the punctuated equilibrium theory to agenda setting in the country. Victoria Finn and Sebastián Umpierrez de Reguero’s contribution highlights the language, timing, and implementation of Chile’s current migratory policies, considering whether they seek simply to satisfy international standards, with no true inclusivity. Our first section also includes two studies on Colombia. Catalina Montoya Londoño explores the divergent media diplomacy messages that the United States and the European Union use when reporting on the fragile peace process in the country, while Milan Skolnik studies the repercussions of corruption on political participation. Finally, this section includes research by John P. Tuman and Hafthor Erlingsson explaining the rationale behind Chinese foreign direct investment in Mexico in recent years. Since Latin America is currently a hot spot for many diverse phenomena and challenges, we have invited respected specialists to cover significant issues on the front burner today. Our Policy and Perspectives sections include different essays assessing current key aspects of human rights in Bolivia, the triumph of the Peronists in the last Argentine presidential election, social upheaval in Chile, the political impasse in Venezuela, and Mexico’s relationship with the United States after the first year of the López Obrador administration. The aim of all these documents and essays is to inform our readers and give them the necessary tools to decodify the specific situations taking place in these countries, which find themselves trapped between tried and true policy options that stick to the status quo, or new ones that could prompt changes. Isidro Morales is a researcher and professor in the School of Government and Public Transformation at the Tecnológico de Monterrey, and an external fellow of the Mexico–United States Center at Rice University’s Baker Institute.

Euthanasia In The Side Of Theological View

Everyone can comment on life and death as the saying written by Goerge Arnold, but that does not mean that everyone can comment on living people being invited to be killed. A person's death is not a human right to determine it but God, the Creator and Protector of the whole nature, including humans who have been planned in the line of life and death. Therefore, when euthanasia arises between the medical and legal circles, then this is not something that can be forced to exist, especially as long as it is discussed without having a strong and clear basis. The author will explain what is Euthanasia? The question of Euthanasia's historical problems, the pros and cons of euthanasia, and Euthanasia's theological criticism. The author uses a descriptive method of literature and gets research results as follows: Viewed from the aspect of human rights is a moral breakdown that needs to be evaluated again whether euthanasia is in accordance with human rights values ​​because human rights values ​​essentially deny the existence of euthanasia. Also seen from the religious aspect, euthanasia is never justified. Law 6: "Do not kill" can not be laughed anymore means that refusing euthanasia.

KEBIJAKAN KEMENTERIAN AGAMA REPUBLIK INDONESIA TENTANG PENETAPAN SATU RAMADHAN DAN SATU SYAWAL DALAM UPAYA PENYATUAN UMAT ISLAM DI INDONESIA

The difference between the determination of the beginning of Ramadhan and Shawwal is always a warm and prominent discussion. This classic but actual problem becomes very complicated when the nation faces a certain Islamic month. The months that are very significant towards the concentration of Muslims, in the determination of the beginning of the month are Ramadan, Shawwal, and Dhu al-Hijjah, which often becomes the subject of discussion and determination in their determination and determination in Indonesia. This study aims to understand and explain the form of legal rules issued by the Government and the position and legal strength of the Decree of the Minister of Religion concerning the Establishment of One Ramadan and One Shawwal and to analyze how the legal decisions produced by the Decree of the Minister of Religion are viewed from the aspect of Human Rights (HAM) ) and the Obligations of Citizens for Efforts to Unite Muslims in Indonesia. Keyword: Franchise, Business, Islamic Law

Organization of Information Security in E-Goverment as Means of Information Rights Protection

As a concept, electronic government is directed to improving the efficiency of the activity of the state institutions and improving the living standards of citizens. Formation of the electronic state determines the pace of development of human rights and freedoms in accordance with the requirements of the time, among which the rights of information are of particular importance. However, in a situation where the completeness, accessibility and confidentiality of information is not fully ensured, there are obstacles to the realization of information rights. Therefore, the organization of information security is one of the means of guaranteeing information rights. In this regard, information security should be analyzed not only from technical aspect but also from human rights law. These highlights confirm the relevance of the topic of the article. The article’s objective is to analyze the notions “e-government”, “e-parliament” and “e-court”, to list priorities of e-state from aspect of human rights and freedoms provision, to determine the legal, theoretical and technical approaches to the information security in various models of e-government, to define difference between electronic security or information security, to research the importance of e-governance from the human rights aspect and to put forward suggestions about protection of information rights violated in cyberspace. The authors conclude that, full access to information, in new society ensures information and other rights and freedoms. Therefore, the lack of information security or low level of information security prevents the e-government from benefiting its citizens. One such barrier is considered an electronic divide or digital divide. Due to the global nature of cyberspace and information society, these problems should be solved not only at national level but also internationally. Above all, security should not be taken from the technical aspect. This prevents problems from being solved. Information security should also be analyzed as a legal institution, and the distinction between the terms “information protection” and “information defence” should be clarified. The legal aspect of the matter should be expressed. Thus, the authors conclude with an optimistic approach that elimination the problems arising during the formation of e-government will serve both to promote basic human rights and freedoms, and to make every citizen an active member of the digital society.

Komparativna analiza problema siromaštva u Srbiji i zemljama u okruženju

The subject of research in this article is a comparative analysis of the condition, causes and consequences of poverty in Serbia and the surrounding countries. Poverty as a multidimensional phenomenon, on the one hand, implies insufficient income to meet basic living needs, while on the other hand, it also covers various aspects of human rights, such as' inability to employ, inadequate housing and inadequate access to social protection for health, education and communal services. Due to a significant decrease in economic activities, but also due to the effect of numerous noneconomic factors, in the Republic of Serbia and the surrounding countries the last three decades there has been a decrease in the standard of living of the population and a concomitant increase in poverty. The results of the research indicate that economic growth and development, with a proactive role of the state in improving social protection systems, better education and development of social entrepreneurship, are key factors that contribute to employment growth and living standards, and consequently the decrease in the poverty rate.

Інституціональне забезпечення прав людини в Україні в контексті сучасних європейських стандартів

Проаналізовано функціонування інституцій системи державного управління України в контексті забезпечення реалізації та захисту прав людини. Доведено, що європейський вибір ставить перед українським публічним управлінням нові завдання, що стосуються передусім подальшої демократизації суспільства, яка передбачає розширення спектру основних прав та свобод громадян. Констатовано, що державне управління в Україні здійснюється з метою адаптації інститутів громадянського суспільства до європейських стандартів: верховенства права, сталого розвитку, забезпечення пріоритетності прав і свобод у всіх сферах державної діяльності, а також зміцнення демократії. Зазначено, що усе це є необхідною умовою інтеграції України до Європейського Союзу.

La persona humana: fundamento antropológico de los derechos humanos

This paper highlights the humanistic aspect of human rights within a globalized world, and particularly in government policies, which has neglected the importance of human rights in overcoming many conflicting aspects of our society. In this perspective it becomes clear the condition of human nature, from its ontological root, which gave rise to and foundation for Universal Human Rights, leaving certain relativistic, subjectivist and even reductionist approaches that do not respond to the vision integral of the person.

Secular Formatting of the Sacred

Abstract Whereas Samuel Moyn has argued that human rights represent the last utopia, sociologist Hans Joas suggests that the modern history of human rights represents a critical alternative to the common theory of secularization understood as disenchantment (Weber). In Joas’s reading, the political and social emphasis on human rights contributes to a sacralization of the person, not only understood as utopia, but also as societal ideal. Following Durkheim, Joas understands the sacred within the society as the continuous process of refashioning the ideal society within the real society. Although acknowledging Joas’s critique of Weber, the author is more critical of his idealization of universal human rights and his affirmative genealogy of this ideal running back to the so-called Axial Age. Mjaaland argues that the normative and formative functions of human rights are better served by a suspicious genealogy of morals, taking also the problematic aspects of human rights policy into account, including its dependence on new forms of violence and cruelty. He concludes that a more modest and pragmatic understanding of human rights may therefore strengthen rather than weaken their authority and future influence.

From Social Conflicts to Human Rights: The Normative Meaning of Human Rights in Rainer Forst

Universal Declaration of Human Rights (UDHR) 70th anniversary is been celebrated in 2018. On the other hand, people are still arguing about the political, juridical, social and civilizational gains it has provided. Such discussions, however, focus on peripheral aspects of Human Rights, losing sight of what could be understood as its highest normative gain. Whenever arguments are not completely rectified, they dissociate from the social demands that actually gave them meaning and relevance. From this scope, the article intends to reconstruct the conceptual and argumentative aspects of Human Rights from the critical theory of relations of justification by Rainer Forst, in which Human Rights are interpreted as arising from a fundamental right to justification. This fundamental right, in Forst’s theory, is interpreted as being part of the “deep grammar” of social conflicts. According to the Forstian theory, we argue for an interpretation of Human Rights capable of encompassing the multiple aspects of these rights, avoiding reductionism and unilateral interpretations of it. This presentation has been divided into three parts. First, it presented some traditional “pictures”, current forms of referring to Human Rights and its characteristics, against which another picture will be proposed, in order to place social conflicts and rejections of injustice as a starting point for the Human Rights. Next, the Forst’s principle of justification and the recursive argument that led toit was discussed. Finally, a critical interpretation of the Forstian proposal, which dealtwith the purposes that his theory is allegedly seeking, was carried out.

Pengungkapan Corporate Social Responsibility (CSR) sesuai dengan Prinsip Ekonomi Syariah

This study discusses a review of Islamic economic principles towards disclosure of corporate social responsibility (CSR). This study aims to determine whether CSR disclosure indicators in the annual report of PT. Semen Tonasa, Tbk in accordance with sharia economic principles. Research Results Shows disclosure of social responsibility includes economic aspects, social aspects, environmental aspects, aspects of labor, aspects of human rights, and product aspects that occur in the company. Social responsibility in CSR practices for disclosure of CSR activities to the community is very important. This is in accordance with the fundamental principles that shape the philosophy of environmental virtues carried out holistically by the Prophet Muhammad SAW, namely the belief in the interdependence between God's creatures. Islam requires circulation of wealth to occur to all members of society and prevents the circulation of wealth to only a few people. Allah SWT said: "... so that the treasure should not be circulated among the rich only among you." (QS. Al-Hasyr: 7)

Analisis Pelaksanaan Peraturan Daerah Berbasis Syariah Provinsi Aceh dalam Perspektif Hak Asasi Manusia

AbstractThe issuance of Law No. 18/2001 gave the authority for the Aceh Regional Government to exercise special autonomy. The presence of this law also confirms the authority of the Aceh Regional Government to make regional regulations, establish policies, conduct supervision, and foster the administration of governance in Aceh based on Islamic law. However, the administration of government in Aceh as a special autonomy from special regions does not always work well. One that still reaps the pros and cons is the issue of sharia-based regional regulations made and enforced in Aceh. The various regional regulations that have sprung up in Aceh are seen as not paying enough attention to aspects of human rights. Some of them include regional regulations on prohibition of piggybacking between men and women, restrictions on curfew hours, separation of public space between men and women. The latest is the emergence of a circular in the form of an appeal about the standardization of coffee shops, cafes, and restaurants that must be in accordance with Islamic law. This study uses a descriptive qualitative analysis method with a literature review approach. The results of the study stated that the application of regional regulations in Aceh is still a polemic and is reaping the pros and cons in the community.Keywords: Sharia, Local Regulations, Human Rights, Aceh, Discrimination

Human Rights in China: A Social-Constructive Theological Approach

ABSTRACTFocusing on the “human aspect” of human rights, this article adopts a “social construction” model of human rights to expound the problem of human rights in China in its cultural and social settings. It invokes distinctive Chinese thought (Confucianism and socialist discourse in particular) on the human being and human rights and explores the contribution of Christian practice and theology to human rights discourse in China. It proposes a conception of human rights as a form of “social-theological” construction in China. This approach shows respect to its cultural and social conditions on the one hand, while on the other hand taking into account the basic human aspect of human rights with reference to the Christian tradition.

Introduction to the special issue on human rights in higher education

In recent decades, the interdisciplinary field of human rights studies has blossomed. Research on all aspects of human rights has proliferated across a wide range of academic fields, including the ...

Government responsibility in the settlement of disaster observed from the aspect of human rights

The purpose of this research is to study government responsibility in protecting the people from the impact of disaster in guarantee of fulfilling human rights to every person to live and secure performing his/her activity. The method of research is legal normative. The analysis on the primary and secondary legal materials are conducted comparatively and systematically and the result are explained descriptively and systematically. The result of the research indicates that the urgency of establishing legislation regulations in the settlement of disaster is focused on the disaster settlement such as; emergency action, rehabilitation, reconstruction in case there is natural, unnatural and social disaster in order to provide legal certainty and justice to the victims of disaster. Law enforcement is necessary to impose measures on the parties in abusing peoples confidence to help me victims of natural, unnatural and social disaster. Other problem that arouse in the settlement of disaster is that there is no effective coordination among the concerned government instances, resulting in the emergence of problems at the field concerning the competence of the instances, where as preparation in encountering disaster needs good planning so that the performance will be running well. As conclusion, government responsibility in the settlement of disaster, observed from the aspect of human rights, is performed through determination of development policy potential for the emergence of disaster, activity of disaster prevention, emergency action, and rehabilitation to prevent matters that may threatening and disturbing the life and the living as fulfillment of the rights to live freely from fear and anxiety as result of disaster threat, cause by natural factor, unnatural factor as well as human beings resulting in the death of human life, environmental damages, loss possession and psychological impact.

Press Coverage on human rights violations: Case study of “the hindu”

Newspapers are the ultimate tool to conscientise the readers about their rights and construct their slanting towards different human rights violations. In a parliamentary democracy like India, newspapers play the role of the watchdog and gatekeepers. As mediators of contemporary society, news media set the agenda on different issues and influence the public about their rights and responsibilities. The present study is aimed at analysing the newspaper's content by applying frame analysis technique. A sample of 46 newspapers of The Hindu from 01 January to 30 June 2017 pertaining to human rights issues were studied by applying systematic random sampling mechanism. The content analysis indicated pervasiveness of the incidents of human rights violations covered by The Hindu. A few news items portraying positive aspects of human rights were also covered during the period under study. Though, more responsible depiction of human rights issues is required to publish in the newspaper; yet the selected newspaper tried to spread a sense of consciousness in its readers through covering good number of stories related to human rights. The placement of news items, quantum of prominence and proximity level fastened with these stories was thoroughly examined.

Los Derechos Humanos desde la perspectiva del pensamiento posmoderno. Algunos aspectos y consideraciones básicas

<p>Postmodern philosophers have announced the “death” of the great ideas elaborated by modern philosophy. The concept of human rights thus faces a school of thought that announces the death of the subject, the end of man, history and ideology. In this context, two aspects of human rights are being discussed: their universal nature and the autonomy of the subject. In addition, the crisis of the national state has revealed the degradation of rights. For this reason, it is proposed that we should stop treating human rights declarations as proclamations of universal meta-legal values and, instead, begin to investigate the real functions that human rights fulfill in the modern state. Postmodern thinkers demonstrate that the idea of human rights does not support «petrification», in the sense of the absence of a renewal of philosophical reflection and of legal narratives. In addition, they do not consider that the «legalisation» of human rights in the structures of the national state is convenient.We must worry about man, in his pure state of existence, in naked life.</p><p><strong>Received</strong>: 19 June 2018<br /><strong>Accepted</strong>: 23 October 2018<br /><strong>Published online</strong>: 11 December 2018</p>

Cultural Human Rights and the Problems of their Implementation in the Modern World

Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.

Human Rights Law: Australia and Slovenia

The human rights legal framework of Australia and Slovenia are vastly different. This article explores the evolution of human rights laws of Slovenia and Australia. While the study and comparison of Australia and Slovenia is uncommon, and not often used as an example to highlight aspects of human rights, both states have a long history of cooperation. The first Slovenian reportedly arrived in Australian in 1855. Since then, and particularly following World War Two, there has been a steady stream of Slovenian’s migrating to Australia. Slovenia upon independence prepared a new constitution that reflected the democratic human rights of the European Union, in 1991, and ratified the European Convention on Human rights in 1994. This article highlights how the opportunity Slovenia had to develop a new constitution, they were able to include many human rights that are often found in legislation. Australia’s constitution came into effect in 1901. Being more than 100 years old, there has been no attempts to revise the Australian constitution and expand the current express human rights. This article will determine whether the European Union’s human rights laws have not only influenced Slovenia’s human rights laws, but also Australia’s. This article suggests that Australia has much to learn from the Slovene experience, but is constrained by its constitution and region. This article highlights how a state formed in recent times, has had the opportunity to develop a constitution that reflects modern day human rights while an older state with longer established democracy has fallen behind in its protection of human rights.