Concept Of Human Rights Research Articles

Human Rights and Freedoms as a Means of Legal Limitation of State Power / Права и свободы человека как средство правового ограничения государственно власти

In a modern democratic, legal and social state research devoted to the peculiarities of the legal restriction of state power is of fundamental importance. It should be noted, that in modern legal literature the concept of “legal limitation” is determined as a legal deterrence of an illegal act, creating conditions for satisfying the interests of the counter-subject and public interests [7, p. 85; 20]. It includes not only the barriers established in law, within which subjects must act, but also the prohibition of certain the activities of persons [3]. The importance of limiting state power cannot be overlooked, because without limiting it, it may suddenly become unregulated and unenforceable, serving the purpose of promoting individual and collective welfare. In modern legal literature, it has been repeatedly noted that state power can be limited by the rights and freedoms of a person and a citizen. Moreover, the spectrum of human rights and freedoms is not only a legal restriction of power, but also the basis of a system of “checks and balances”, thereby preventing excessive regulation or invasion of privacy by the state. For a more detailed consideration of this problem, it is necessary to reveal the essence of the concept of human rights.

Existential Feminism in Andrea Hirata’s Novel Padang Bulan and Cinta Di Dalam Gelas

Abstract. Gender issues have remained a hot issue owing to various influencing factors, including gender overlap and social inequality. Gender is a social sex reconstructed by society for both men and women. The gender difference stereotypes have given rise to gender injustice detrimental to women. The presence of the concept of existential feminism initiated by Simone De Beauvoir is a bright spot and hope for all women, especially those in patriarchal system communities. The purpose of this research is to uncover the traditional paradigm that women are cultural products and their independence is delimited. This is not in accordance with the concept of human rights which basically states that every human being has the same rights in carrying out life. So it is hoped that this paper can be used as a reference to eliminate the marginalization of women. The research is carried out using a qualitative descriptive design with phenomenological method to explore or photograph social situations thoroughly, broadly and deeply and also supported by the theory of sociology of literature, the description of social reality in literary works. The data collection procedures and the data analysis are done systematically based on the existing theories of qualitative research method. The results of the research show that the protagonist implements the existential feminist concept through the ability to work, being intellectual and responsible. Throughout the research it is proved that existential feminism still exists to explore the marginalization of woman, summed up with a text that women are independent beings. Keywords: Existential Feminism, Intellect, Profession, Responsibility

Civilizational and culturological aspect of philosophical and legal studies of observance of human rights

The main purpose of the article was to study the key elements of the civilizational and cultural aspect of philosophical and legal research on the observance of human rights. The subject of the research was specifically the philosophy of human rights observance. Methodologically it is descriptive research developed in the domains of legal philosophy and logic. The scientific novelty lies in the fact that in modern legal discourse several approaches to the modern cross-cultural substantiation of the idea of human rights have been identified. Among them deserve attention the theories of human rights, based on the self-limitation of negative manifestations of a person, the ontology of spheres of human existence, the idea of human identity and the possibility of intercultural legal discourse. All allowed to conclude that, the further development of a theory of human rights acceptable to the majority of countries, in the opinion of the authors, is connected precisely with the otological concepts of human rights, among which the intercultural legal approach can be of great importance, in heuristic and hermeneutic terms.

Absolutization of human rights as a threat to the statehood and the welfare of society. Part ІІІ. Human rights in the international and national acts, and the main rationalistic aspects of their realization

The article is devoted to the investigation of the essence and peculiarities of the exposition of the human rights in the international and national acts, and also to the main rationalistic aspects of their realization.The authors say that the modern international system of human rights protection is inefficient. It was emphasized that the responsibility of the state for the violation of human rights before the international organs undermines the authority of the state as the most important guarantor of human rights.The authors pay attention to that fact that the very concept «the violation of human rights» is explicitly politicized and does not take into account the criminality (which constitutes the main domestic threat to a person), and, thus, does not reflects the real situation of the protection of human interests in the state. The real aims of the creation of the concept of human rights were found. It was emphasized that «the protection of human rights and democracy» sometimes acts as a pretext and «justification» of violent overthrow of power, foreign aggression and mass termination of people.The authors say that, in fact, the human rights (and especially the «positive» one) cannot exist without the state. It was found that the absolutization of the natural human rights and underestimation of the role of the state, in fact, returns people to the state of natural savagery and medieval barbarism. The authors emphasize on the collision between the constitutional rules about the recognition of a human as «the main social value» and about the duty of the citizens to defend the Motherland. Also, the authors say that the right of a people to self-determination, as well as the recognition of the nations, who fight for the independence, as the subjects of the international law, in fact, means that the international law justifies the war and the mass termination of people.It was emphasized that, in reality, there are no absolute human rights, so it is senseless to absolutize them. The authors say that the absolutization of the human rights is harmful, especially in the case of the absolutization of the political human rights in general, and such rights as the «natural right of the rebellion» and the «popular sovereignty» in particular. Also, the authors say that the ideas of the popular sovereignty contradict the reality and the historical regularities of the appearance and functioning of the state and law. It was emphasized that human rights are not and should not be an end in themselves, for the sake of which the state power should be weakened, because, in fact, exactly the strong and effective state is the main guarantor of peace, order, security, well-being, civilization and the real provision of the most important human rights (taking into account an adequate understanding their essence, scope and content). The main aspects of the proper provision of the realization by the state of the civil, political, economic, social and cultural rights of a human and of a citizen were determined, etc.

Human Rights Due Diligence and the Climate Change Dimension: Implications for Investor Responsibility in International Investment Law

Abstract The concept of human rights due diligence (hrdd) of businesses under the United Nations Guiding Principles on Business and Human Rights (ungps) is an important milestone in the standards of business conduct. The responsibility of businesses to conduct hrdd is focused on the human rights risks to, or impacts on, communities from business activities. Recent developments highlight the increasing convergence and integration between the ungps’ framework of hrdd and climate change. This synergy contrasts starkly with the state of the international investment regime, which has traditionally been characterized as operating in isolation from other fields in international law, notably human rights and environmental law. Given that international investment law is now increasingly featuring the human rights responsibility of foreign investors – in particular with respect to the ungps’ framework of hrdd or its public-interest aspect – the intersection of human rights and international investment law serves as a potential pathway to advancing investor responsibility for the climate-related harm that investment activities may cause.

Arraigo in Mexico: Violation of International Law

For the development of this note, I will begin by exposing the different components, giving a brief introduction to the doctrines that make up public international law, its application in Mexico, general conception of human rights, international human rights framework, and human rights in Mexico, description of arraigo, its constitutional and legal basis, practices, and results for the achievement of justice. The intention is to establish if the practice of arraigo in Mexico constitutes a violation of the state’s international obligations.

PARTICIPATION OF FPU (FORMED POLICE UNIT) 8 INDONESIA IN UNAMID IN DARFUR, SUDAN PERIOD 2016-2017

This study aims to analyze the involvement of Indonesian FPU (8) at UNAMID in Darfur, Sudan Period 2016-2017. To analyze the case, the author uses several concepts such as, Ethnic Conflict, Preventive Diplomacy, Humanitarian Intervention and Peace Keeping. This research is a qualitative research. The results of this study show that in an effort to muffling a protracted conflict in Darfur-Sudan, caused by the Janjaweed militia and support from Sudanese government that resulted in Ethnic Genocide on Darfur, Sudan. Seen from the prolonged conflict in Darfur, PBB issued a joint Resolution in Darfur-Sudan, called UNAMID (United Nations-African Mission in Darfur). Indonesia as a country that maintain peace feels compelled to participate in peace and security missions in Darfur- Sudan. With the agreement between the United Nations and Indonesia, Indonesia sent the FPU Police Task Force to Darfur-Sudan as a Peace Operation to stop the conflict in Darfur, Sudan. In his duty FPU 8 Indonesia as PKO, has important duties: 1) Maintain Conflict in the form of ceasefire and humanitarian protection and, 2) Conserve peace in the form of human rights and humanitarian aid.

State Responsibility in Protecting Human Rights: An International Legal Perspective

As a country based on law, Indonesia has an obligation to provide human rights protection for every one of its people. This article discusses the concept of human rights in international law, the responsibility of states in protecting human rights according to international law, as well as the implementation of state responsibility in practice and case studies of state responsibility in protecting human rights. The purpose of this research is to find out the state's responsibility in protecting human rights. Based on the results of the discussion, the State has the responsibility to protect human rights from violations by third parties. This means that the state must prevent, investigate, prosecute and punish violations of the human rights of its citizens. including international role institutions and legal instruments governing state responsibilities in enforcing human rights.

Cooperatives as a way of participation in political decision-making processes: An Examination over the Turkish Forestry Cooperatives in constitutional terms

In this article, cooperatives were examined on their distinctive structure, questioning whether they can be seen as a way of civil participation on political decision-making, by presenting some recent cases from Turkish Forestry Cooperatives. Firstly, the place of the civil society in participatory democracies and the importance of economic and social conditions in this perspective and consequently the role of the cooperatives in civil society were explained briefly. Afterwards, the cooperative’s practical impact on political decision-making was analysed over the instance of OR-KOOP including core information on cooperatives and forest villagers in Turkey —representing a community lower economic facilities— in the search of fundamental necessities for an expected participation in political decision-making processes. Finally, constitutional significance of the forests and the cooperatives were revealed with regard to the crossing concepts of participatory democracy, sustainable development and human rights.
 Received: 29 July 2022 Accepted: 27 April 2023

Career Woman: The Dual Roles Conflict Management in the Gender Perspective

<em>Human rights are something that is essential and should not be limited only for reasons that refer to gender and social status, especially human rights for women in various aspects, especially the right to a career and self-actualization. Facts on the ground show that women also have the same competence as men in the aspects of public and professional roles. This study aims to analyze the aspects of women's rights and freedoms in carrying out their roles as career women, especially for women who are married and have dual roles. This study examines aspects of social roles and management of role conflicts that are experienced by women with the status of career women. Aspects of social roles are studied based on various theories of social development, studies of women's rights based on the concept of human rights and gender equality. The data in this study were sourced from the results of observations, interviews, and literature studies. The analysis technique used was an interactive model. The results of this study indicate that career women with dual roles have appropriate conflict management techniques, so that their roles have the same priority. This was also supported by the concept of gender equality which is starting to be accepted in society so that women can live a life with the dual roles they have, as well as the guarantee of human rights as human beings who have complete freedom</em>.

Human Rights: Evolution And Devolution

The concept of human rights is over three millennia old. The oldest document listed three specific rights: physical liberty, shelter, and life. By the present time, many more have been added through various countries’ legal systems and important historical documents. Probably the most comprehensive such document is the United Nations’ Universal Declaration of Human Rights. Although not all-inclusive in terms of incorporating all the human rights proposed by previous documents, the broad acceptance of the Declaration as a model for human rights observance has constituted a hopeful sign. Unfortunately, the protection of human rights has been in a decline for some recent years. Examples and social forces leading to this decline are examined.

인권교육이 청소년 인권침해 행동에 미치는 영향

This study tried to empirically verify the relationship between adolescents' experience in human rights education and human rights abuse experiences such as hate discrimination. Human rights education among teenagers can have a positive effect not only on understanding the concept of human rights or improving human rights sensitivity, but also on recognizing and respecting differences from others through human rights education. While research on human rights education is centered on educational measures or effects that need to be improved, little research has been conducted on the effect of the results of education and the behavior of adolescents' human rights violations. Therefore, this study selected the second data of the “Children and Youth Human Rights Survey” conducted by the Korea Youth Policy Institute from 2018 to 2020, and used data from 9,017 in 2018, 9,240 in 2019, and 8,346 in 2020 for the final analysis. Descriptive statistical analysis, frequency analysis, cross-analysis, and logistic regression analysis were conducted year by year using the statistical program SPSS 28.0 ver. According to the study, the three-year human rights education experience exceeded 70% in 2018, while less than 50% in 2019 and 2020, but the results of the study showed that it was a positive (+) influence on the human rights violations of adolescents with human rights education experience. In other words, based on the research results, it is necessary to check the actual institutions and programs of youth human rights education based on the internalization of actual human rights education contents and operational methods to expect the effect of education. In particular, school violence is caused by mischief, and the beginning of the mischief can be caused by acts of human rights violations such as discrimination and hatred. Therefore, it is expected that human rights education that can contribute to preventing such acts of human rights violations will be used as basic data for the implementation of human rights education.

On the issue of optimization labor relations in the conditions of the imposition of martial law

The article examines the legal regulation of labor relations under martial law. The full-scale invasion of the aggressor country, on the one hand, has led to an increase in the number of cases of injuries to employees in the performance of their work duties. On the other hand, it has complicated the ability of employers to ensure safe and harmless working conditions in the workplace. In this difficult period, the legislator significantly narrows the rights and guarantees of employees, since martial law provides for restrictions on constitutional human rights and freedoms. The author defines the concept of martial law and its impact on social relations in the labor sphere, as well as the basic principles of their legal regulation. The author states the challenges which arose during the aggressor’s military actions on the territory of our State in labor relations, namely: destruction of many enterprises and businesses and, as a result, reduction of the number of jobs; massive increase in internally displaced persons and migration of workers abroad; reduction of production and accidents at workplaces due to shelling; relocation of business; decline in living standards, wages and price increases, etc. The author outlines the impact of the legal regime of martial law on the rights and obligations of employees and employers. The author studies the impact of the consequences of armed aggression on a significant restriction of labor rights, namely, of employees. The author emphasizes that although the legislator has introduced new legal mechanisms for regulating labor relations, some of the rules are applied in practice and perceived differently by employers and employees. The author draws attention to the unresolved issues of labor relations organization and suggests ways to optimize them. Changes in the current legislation and peculiarities of labor relations regulation related to the introduction of martial law are assessed. The author highlights the issues of labor relations regulation during the declaration of an air alert in the context of Russian aggression. It is noted that a safe and healthy environment should be the basic principle of labor relations regulation in order to preserve the life and health of labor process participants. The author suggests ways to solve some of the unclear problems of legal regulation of labor relations.

Do Shia-Sunni Tensions Affect Iranian-Saudi Relations?

Today the rivalry between Iran and Saudi Arabia is one of the defining factors in the Middle East political arena. The Islamic world's division into Shiite and Sunni is often considered a factor affecting bilateral relations between Tehran and Riyadh. Iran positions itself as the center of gravity for all the Shiites in the region, while Saudi Arabia seeks to form an anti-Iranian alliance on a Sunni basis. This article assesses the impact of the doctrinal tensions between these two branches of Islam on the Iranian approach towards its relations with Saudi Arabia. For this purpose, the author analyses the rhetoric of Iranian officials, clerics, and state-run media in the context of the main concepts of the Iranian contemporary religious ideology. The author concludes that criticism of Saudi Arabia has lost its religious connotation and Tehran does not position its confrontation with Riyadh as a fight against the enemies of Islam or apostates. The traditional epithets classifying their holders as supporters of the forces of darkness and actively used against the Western countries and Israel are not cited by critics of the Saudi dynasty. Moreover, the criticism of Wahhabism as a religious movement is not linked to the kingdom's current political leadership. On the contrary, the Iranian criticism of the Saudi foreign and domestic policies focuses on condemning the Saudi authorities' infringement on human rights and media freedom, supporting the protest movement in Iran, and fighting the Houthis. Even the persecution of Shiites in Saudi Arabia, to which the Iranian press has devoted considerable attention, is viewed from the perspective of the global concept of human rights, rather than as the struggle of one religious group against another. The kingdom itself is not considered an ideological enemy of Iran, which since the Islamic Revolution has been the US and Israel. The statements by some representatives of the Iranian political establishment on the need for peaceful coexistence between the two countries, along with the March 2023 agreements on normalizing bilateral relations indicate Tehran's pragmatic approach to interaction with Riyadh which is not affected by the ShiaSunni controversy in its dogmatic and religious dimensions.

Absolutization of human rights as a threat to the statehood and the welfare of society. Part I. The general theoretical foundations of the concept of human rights: the critical view

The article is devoted to the critical understanding of the general theoretical foundations of the concept of human rights.
 It was found that human rights are not «natural and inalienable». The authors say that the appearance of the concept of human rights only in the epoch of the bourgeois revolutions in Europe indicates the non-universal character of human rights and the violent way of their affirmation. It was emphasized that taking into account the variety of theories of the origin of the state and of the main modern concepts of the state, human rights, which are closely connected only with the theory of the legal state and the civil society, may not be recognized as the only one true super-idea and super-value. It is noted that the historical experience of the existence of the privileged and oppressed population strata in the pre-modern era proves that a person can exist without formal confirmation of all the fullness of his rights, and this fact indicates that human rights are determined by the factors of historical development, and not by their «natural, eternal and inalienable character».
 The authors show the controversial character of human rights as well as the contradiction of their absolutization to the main features of the objective law. The authors say that different political ideologies (liberalism, conservatism and socialism) differently evaluate the human rights due to that circumstance that they reflect the interests of the different social classes and appear on the different stages of the social development, so, firstly, internal inconsistency is characteristic to the concept of human rights and, secondly, human rights depend on the level of the material and spiritual development of the society and state.
 The authors pay attention to the variety of ideas about the essence, content and consequences of the social contract and a certain limitation of the «natural freedom» of a person under the conditions of state existence. It was noted that the absolutization of human rights is the result of an uncritical perception of some provisions of the theory of the social contract, and not only does not reflect the multifaceted nature of its provisions, but also completely ignores other theories of origin and the main modern concepts of the state. The authors say that human rights are derived from the level of material and spiritual development of society, therefore, for an adequate understanding of their essence, it is necessary to take into account the historical and general theoretical regularities of the formation and functioning of political and legal phenomena, which testify that, in fact, the scope and content of human rights in a certain era directly depend on the will of the state, etc.

Housing’s values: Housing as an ethical urbanism

Housing’s values are a key topic of public and policy debate, with discussions including the social value of housing in the form of human rights or care, rising property values, value-capture in infrastructure development, Indigenous values of land, and the value of housing for social reproduction. With this in mind, we engage with the various ways housing is valued, not as a reductive exercise to find ‘the value’ of housing but to recognise and engage with the ways various valuations of housing inform a situated and relational politics of value. The analysis is concerned with how people make valuations about housing as well as how these different housing valuations intersect to constitute a politics of housing values. It is a common reduction to associate housing with its economic value and home with social values. Attempts to reconcile these values typically involve proxy valuations to commensurate the social to the economic. However, value pluralists resist such easy reduction of social values to the market, holding that plural values are incommensurable. Our more-than-political economy approach draws on anthropology and moral philosophical theories of value to conceptualise an agonistic politics of housing value. To illustrate this conceptual case, we discuss three regimes of value in Australia, that is, capitalist regimes of real estate value as the dominant value regime, Indigenous cultural values tied to land and housing and care ethics and human rights as housing discourse. These cases highlight the processes of value realisation, not just within these regimes of value, but within and between them, to animate an agonistic tournament of housing’s value. We are interested in the politics within and between these different claims about value and argue the utility of value theory is to show how value is produced through the politics of competing value claims, rather than to try to show what the value of housing as-an-object is.

Human Rights beyond the Liberal Script: A Morphological Approach

Abstract While recent scholarship has turned to the increasing fragmentation of global human rights discourses, the often competing ideological projects in which different understandings of human rights are embedded have received comparatively scant attention. Instead, human rights are treated as isolated norms. Although treated as isolated, human rights norms are frequently simultaneously understood against the implicit backdrop of liberal assumptions about political order and human agency, thereby obscuring alternative human rights conceptions. This research note seeks to move our understanding of human rights beyond the liberal script. Drawing on advances in the fields of intellectual history and political theory, it develops a morphological approach that treats norms not only as individual standards of appropriate behavior but as complex units of meanings. These meanings only emerge in larger ideational formations in which varying notions of human rights are temporarily fixed through their positioning toward other concepts. This morphological understanding of human rights as part of larger conceptual arrangements allows for their analysis beyond the liberal script as the research note shows by way of two illustrative case studies, which focus on human rights beyond liberal notions of democracy and the rule of law as well as beyond the human as ontologically singular.

The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business

Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.

The user state: an alternative reading of the state role and duty in the age of platformized harm

Abstract States are increasingly delegating their regulatory functions to social media platforms to censor information, and the risk of a state retreat from the regulatory space has been extensively discussed. However, little is said about what this means when the state becomes a user of the same platform from which it retreats as a regulator—and more importantly relies on its user capacity to configure and repress public opinion. This article asks how we go about contextualizing the evolving nature of state violation of rights and freedoms on social media platforms and the state’s dereliction of duty? It argues that the changing dynamic represents a process by which power reproduces itself by linking state and corporate interests to the detriment of the people. Using perspectives from business and human rights and the Afro-centric conception of human rights, it presents an alternative reading of state duty for digital wrongdoing.

Oslo and the Shifting Paradigms of the Human Rights Community in Israel and Palestine

Abstract Despite some improvement to the lives of Palestinians through human rights activism, this article argues that the legal regime governing Occupied Territories, combined with a rigid legalized conception and application of human rights, limits the ability to achieve human rights protections for those living under prolonged military occupations. Drawing on a critique of liberal legalism, this article will identify four key barriers to change through an analysis of court cases and human rights reports in the Israeli military occupation of the Palestinians. It will trace key shifts in human rights organizations in Israel and Palestine, which seek to overcome these limitations in an effort to secure long-term human rights for Palestinians.