Emergence Of Human Rights Research Articles

Abdullah Saeed: Islamic Law, Human Rights and Women Towards Equality

This article aims to understand Abdullah Saeed's thoughts on Islamic law and human rights and how to harmonize Islamic law and human rights. As written by Abdullah Saeed, the problem related to human rights is a concern of Saeed because of the debate between Islamic law and human rights. It seeks to find a solution to how Muslims respond to the debate to reconcile human rights discourse with Islamic norms and values. This problem has given rise to international human rights instruments that affirm gender equality and protect women from discrimination. The emergence of human rights brought from the West, which is predicted to solve the problem of discrimination against women, is considered not to provide significant changes to women in the world because international law and its application in non-Western cultures are not in harmony with Islamic law and even become a controversial issue. This library research tries to examine Saeed's thinking and find solutions related to the debate on Islamic law, human rights, and gender equality. Possible reconciliation so that there will be a balance between international human rights and Islamic law.

Los derechos humanos y el poder psiquiátrico en disputa. ¿Hacia una radicalización de la democracia?

Abstract This article analyzes the type of power that is disputed in contemporary debates on human rights, mental health and equal recognition before the law (Art. 12 of the Convention on the Rights of Persons with Disabilities: CRPD), where the most burning issue is the abolition of involuntary treatment and commitment. To do so, we intersect Foucault's and Agamben's perspectives on sovereign power and biopowers. We analyze the emergence of the psychiatric device as institution; legal medicine; biological determinism, and; line of thanatopolitical escape, the point of emergence of Nazi extermination. We connect this analysis with the emergence of human rights and UN regulations on "disability/mental illness" up to the CRPD. Among other things, we conclude that the authoritative interpretation of Art. 12 abolishes a state of exception to human rights, which is constitutive of modern democracy and of the emergence and deployment of the psychiatric device, whose competencies of sovereign power are in dispute.

МІСТА ПРАВ ЛЮДИНИ ЯК НОВЕ ЯВИЩЕ СУЧАСНОГО МУНІЦИПАЛЬНОГО РОЗВ

This article is devoted to the one of the significant phenomena of recent decades in the area of municipal government has been the emergence on a global scale of cities that have declared themselves human rights defenders or of human rights cities. Scientific understanding and analysis of the process of emergence of human rights cities began in parallel with the emergence of this paradox of urban development in foreign countries. One of the first European cities where human rights became part of municipal politics was Barcelona. It was here that the position of Commissioner for Civil Rights was founded, which later became the Barcelona Department of Civil Rights. The initiative was carried out in order to overcome the effects of «new» waves of migration and the growing racial, ethnic and religious diversity in the city. New perspectives on human rights cities were defined at the latest World Urban Human Rights Forum (WHRCF), an annual event in Gwangju, the Republic of Korea. This year the Forum was held from 7 to 10 October with the theme: «Human rights in times of challenge: a new social contract». In total, 3012 participants from 76 countries and 322 cities from all over the world took part in the event. The Final Declaration of the 11th Forum of WHRCF expresses deep concern about the diverse threats to human rights and democracy due to violence, discrimination, inequality, sustainable development, climate change and environmental disasters and identifies five areas for further work. The article examines the use in the practice of municipal administration of foreign countries for the protection of human rights, defined in international human rights documents at the global and regional levels. The reasons and factors for the involvement of cities in human rights activities are analyzed, specific examples of the work of local governments to ensure both the entire spectrum of internationally recognized human rights and certain areas of combating racism, discrimination, xenophobia and exclusion are given. The examples given in this article testify to the presence of a steady trend of involving modern cities in human rights activities. This world experience needs to be carefully studied and implemented in the practice of municipal government in Ukraine. Modern crisis phenomena, such as the coronavirus pandemic or the migrant crisis in Europe, make this task even more relevant. It is concluded that this world experience requires careful study and implementation in the practice of municipal government in Ukraine. Modern crisis phenomena, such as the coronavirus pandemic or the migrant crisis in Europe, make this task even more relevant.

Why and how did ‘voluntary’ mass immigration of South Korean nurses and miners to West Germany occur in the 1960s and 1970s?

ABSTRACT The year 1963 marked the beginning of the mass ‘voluntary’ immigration of the South Korean nurses and miners to West Germany under the Federal Republic of Germany’s Gastarbeiter (guest-worker) policy. In the late 1950s and early 1960s, the South Korean government needed to bring in foreign currency, and the West German government needed a labour force. Thus, a bilateral agreement was formed for South Korea to transfer a labour force and for West Germany to offer economic aid. This article questions why the two governments needed to justify the exchange via a voluntary recruitment policy. Theoretical insights on the recruitment of men and women during the First and Second World Wars will be used to compare what aspects regarding political recruitment remained and changed after the wars. The central arguments are twofold. First, that this voluntary guest-worker policy was in every respect a political product of its time. Second, that it was guided and manipulated by and according to the global emergence of human rights following the two world wars. Ultimately, this case can be used to examine what impact the global emergence of human rights had on political recruitment approach worldwide, specifically regarding its methods, processes and outcomes.

Wielding the human rights weapon against the American empire: the second Russell Tribunal and human rights in transatlantic relations

The article discusses the evolution from the 1966–1967 “first” Russell Tribunal, an unofficial and political gathering that censured the USA for its aggression in Vietnam, to the “second” Russell Tribunal, which took place in Rome and Brussels between 1974 and 1976 and put human rights violations in Latin America in the international spotlight. Both Tribunals shared a profound anti-Americanism and an explicit proximity to Third Worldism. Yet, there was also an important difference, since the language of human rights shaped only the “second” Tribunal. The article is mostly based on documentary sources held by the Fondazione Lelio and Lisli Basso in Rome. This choice is based on the importance Italian Senator Lelio Basso had for the Tribunal. Basso was the main organizer and the driving force of the Tribunal and coordinated many transnational groups in support of this event. Moreover, his intellectual reflections on decolonization as a revolutionary force and his fierce anti-Americanism offered a blueprint for the proceedings and the sentence of the Tribunal. Bringing together the recent literature on the emergence of human rights during the 1970s and that on European anti-Americanism, the article shows how some prominent European intellectuals and politicians appropriated human rights jargon to criticize American foreign policy and denounce its responsibilities for ongoing human rights violations in Latin America. In doing so, it argues that the human rights language renewed European anti-Americanism during the 1970s.

Direitos humanos e as relações étnico-raciais na Educação Infantil

O presente estudo tem como objetivo propor algumas considerações em relação as questões étnico-raciais na educação, mais precisamente na educação infantil, com uma abordagem balizada pelos Direitos Humanos. Inicialmente, é abordado o contexto histórico do surgimento dos Direitos Humanos e seu papel na educação. Para tanto, utilizou-se como referenciais teóricos, a Declaração Universal do Direitos Humanos, a Constituição Federal de 1988, a Lei de Diretrizes e Bases da Educação Nacional, Falcão (2009), as Orientações e Ações para a Educação das Relações Étnico-Raciais e adentrando às questões raciais, elegeu-se os estudos de Munanga (2012), Davis (2018) e Almeida (2018). Posteriormente, são apresentados estudos de Corrêa (2017), Rocha (2015), Farias (2016) e Freitas (2016) que se debruçaram na temática étnico-racial na educação infantil. A educação apesar de ser um direito humano que deve ser garantido a todos, ainda é negada a muitas minorias. A comunidade negra ao adentrar o ambiente escolar depara-se com um ideal eurocêntrico a ser seguido, tendo sua história, sua cultura e até seu próprio corpo invisibilizados.

Green Shoots in a Barren World: Recent Developments in International Investment Law

This article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence of investor-state dispute settlement tribunals involving the protection of the environment and human rights. As for law-making, this article explores the evolving substance of international investment agreements as well as regulatory developments in the area of business and human rights that are of relevance to the international investment law framework. The article then turns to consider the emergence of human rights and environmental issues in the recent jurisprudence of investment tribunals and appraises how such issues have been dealt with—both in procedural and substantive terms—by arbitral tribunals. Finally, it questions whether investment tribunals are appropriate venues for the adjudication of non-investment matters like environmental and human rights issues, and highlights best practices that could be adopted by future tribunals. Overall, the article concludes that the piecemeal approach adopted to date provides a step in the right direction but is ultimately inadequate given the multiple challenges that our planet currently faces. Rather, a more ambitious agenda that is concerned with promoting good investment, as opposed to mitigating bad practices, should be pursued.

Human Rights, Humanitarian Law and State Power

This article deals with the relationship between humanitarian law and human rights. Our argument is that the emergence of human rights as a particular language of political transformation in the 1970s had a crucial impact on traditional readings of international humanitarian law. On one hand, the breakthrough of rights language created favorable conditions for humanitarian norms to reclaim its relevance in law and politics nowadays. On the other, it obliged humanitarian norms to share space in the legal imaginary with the novel language of social emancipation of rights. We examine how the construction of legal arguments within a rights vocabulary may blur legal definitions and create space for abuses. Finally, we analyse specific situations where human rights law facilitates the state to use its powers in spite of humanitarian norms.

From Antifascism to Human Rights. Politics of Memory in the West German Campaigns Against the Chilean and Argentinean Military Regimes, 1973–1990

This article reassesses the emergence of human rights advocacy in 1970s West Germany from the perspective of memory politics. Focusing on the campaigns against political violence in South America, the article first traces the boom and bust of antifascist activism against the Chilean junta in the early 1970s. It then analyzes the displacement of abstract antifascist discourses by a more humanitarian human rights talk closely intertwined with concrete references to National Socialist crimes. Taking the perspective of grassroots advocates, this article explores how and why activists referenced the crimes of Nazism to defend human rights in the present. Finally, the article moves beyond the claim that human rights politics were minimalistic and even anti-antifascist, by showing how some human rights activists continued to think of themselves as antifascists. They infused antifascism with entirely new meanings by recovering the 20 July 1944 assassination attempt against Hitler as an acceptable example of anti-government violence.

Evrensel Otobiyografi: Serenade Chafık Ve İnsan Haklarının Dili

Scholars of human rights often note the paradoxical premise of the Universal Declaration of Human Rights (1948): “all human beings are born free and equal in dignity and rights,” yet these rights require implementation and monitoring in order to exist. Furthermore, although human rights discourses are premised on a universally recognizable, abstract set of ethical norms, these norms nonetheless need to be enforced as laws by specific states. The period that has witnessed the emergence of human rights as the governing language of emancipatory politics has also witnessed a wealth of autobiographical writing that articulates resistance to oppression and injustice with reference to universal rights. How then do these autobiographical accounts negotiate the paradox of human rights? This article approaches this question through a focus on Egyptian-French feminist Sérénade Chafik’s 2003 autobiography Répudiation, which chronicles the author’s legal struggle in France to gain custody of her Egyptian-born daughter. The goal is to understand how “rights” are established in literary testimony, to illustrate how the territories of France and Egypt figure in the author’s search for a just social order, and to think through how autobiography registers the limitations of a human rights readership community.

Interrupting the Human Rights Expansion Narrative

In the growing field of the sociology of human rights, the notion that human rights might best be understood as the expansion and/or supersession of citizenship rights has taken root, as has the more generalized taken for granted “backstories” to the effect that human rights are the product of a unique postwar consensus. In this article, I argue that these assumptions are more encumbrance than assistance when it comes time to sociologically grasping what human rights are, how they emerged, and, more importantly, what they might be able to achieve. In the first half of the article, I demonstrate that the tropes of expansion and supersession of citizenship rights are central to two seminal sociological analyses of human rights—those of Bryan S. Turner (1993, 2006) and Yasemin N. Soysal (1994, 2012) —and that they fail to provide a social-relational and historical account of the emergence of human rights. In the second part, I pull together new historical and sociolegal scholarship that is recalibrating our understanding of human rights. Drawing attention to the 1970s as the more persuasive social-relational origin of contemporary human rights, I argue, allows a more nuanced appraisal of human rights’ (in)efficacy.

Varifrån kommer välfärdsstaten? Om ett modernt nyckelbegrepps långa historia

Where does the welfare state come from? On the long history of a modern key conceptThisarticle charts the history of the term the welfare state in Germany and the United States, the two countries where it was formed. It starts from the premise that political key concepts, such as the welfare state, have multiple meanings and are open to contestation. This means that the objective is to study the different and changing usages and meanings of the term from the 1860s to the 1940s.In the oldest of the four usages, der Wohlfahrtsstaat referred to pre-1789 authoritarian regimes where the welfare of the people constituted the objective and rationale of the state. Gradually during the latter half of the nineteenth century, an alternative understanding emerged in Germany where the culture and welfare state connoted a responsible state, which regulated the modernizing economy. In the early twentieth century, many texts mentioned this new Kultur- und Wohlfahrtsstaat as a fitting label for contemporary Germany. At the same time, this new regulating welfare state became a topic in the United States as well.In the Weimar Republic 1919–33, the idea of the social welfare state was highly contested from the start. This understanding centred on social policy, on the state as the driving force in social reform. Fourthly, the democratic welfare state, a state that catered for the common good and respected civil liberties, was contrasted to authoritarian power states. These four usages should not be seen as separate stages in an orderly historical sequence of conceptual development, but as co-existing layers of meaning that could be mixed in multiple and changing ways. Depending on ideological and political point of view, the modern welfare state, which emerged after 1945, could incorporate one or several of the historical layers (the authoritarian-paternalistic, the regulating, the social and the democratic welfare state). This new idea of the welfare state was a product of the Depression and the War with expanding state activity and ideological mobilization. The United States’ acquired position as global military and moral superpower constituted one prerequisite. The welfare state was in this sense part of the democratic restart after 1945. Two considerations were important for this conception: the state’s responsibility for promoting economic growth and combating unemployment and the emergence of human rights that include social security.

The Emergence of Human Rights in Colombia: Revolutionary Promise or Survival Strategy?

The Emergence of Human Rights in Colombia: Revolutionary Promise or Survival Strategy?

Historicising the Idea of Human Rights

An adequate interpretation of our liberal and cosmopolitan traditions depends absolutely on an adequate understanding of the history of the idea of human rights. There is, however, deep disagreement about this history. In this article, I argue that disagreement about the emergence of human rights is resolvable and can be explained through attention to problematic methodological commitments within exemplary historical narratives. I first consider, and reject, Micheline Ishay’s claim that the concept of human rights can be found in the ancient world. I then move on to a detailed critical engagement with Samuel Moyn’s contrary thesis that human rights are a radically novel political phenomenon. I argue that Moyn’s analysis can only be taken seriously as an action-based account of human rights and therefore cannot sustain the dramatic conclusion he advances. I then defend an alternative, belief-based framework for approaching, and rethinking, the history of the idea of human rights.

Im Spannungsfeld von Empathie und Respekt

In the Area of the Tension between Empathy and Respect: Human Dignity and its Relevance for Pastoral Care and Counseling Pastoral counselors need the ability to empathize with the situation of another person. But they must also be aware of their own limits of that ability and the lasting strangeness of the counterpart. Both aspects of pastoral care are related to the topic of humandignity.The article presents the thesis of the sociologistHans Joas on the emergence of human rights and links them with developmental lines in the understanding of Christian pastoral care. Secondly it illuminates human rights as a moment of critical inquiry to pastoral practice. Finally it reflects on the possibilities of pastoral care for the protection and respect of human dignity and human rights.

A New Primacy of Conscience? Conscientious Objection, French Catholicism and the State during the Algerian War

This article explores how the Roman Catholic Church in France re-evaluated its traditional condemnation of conscientious objection in the closing years of the Algerian War. In contrast to the French Protestant Churches after 1948, the Catholic Church continued to proclaim objection to be detrimental to the principles of state sovereignty and obedience to legitimate authority. Despite this, cases of Catholic conscientious objectors like Jean le Meur and Jean Pezet brought contentious Church debates into the public sphere, dramatized in the press and the courtroom. The article traces how the moral dilemmas of the Algerian War created a space for new theological ideas that challenged the hierarchical, corporatist structure of the French Catholic Church and opened the way for a new emphasis on individual conscience that came to fruition with Vatican II. By focusing on Catholic activism during the war itself, the article also challenges the idea that support for conscientious objection emerged spontaneously after the end of the Algerian War. More broadly, the article addresses the wider narrative of the emergence of human rights by illustrating how the Algerian War proved to be a turning point in the relationship between individuals and authority.

Traditions, Myths, and Utopias of Personhood: An Introduction

Legal personhood continues to serve an important role in the legal system. The millennial distinction of persons and things, while often unarticulated, is an essential building block of all legal relations. This introduction to persons and things outlines the past tradition, draws on present myths, and construes a utopia of which the articles on this special issue will comment, clarify, and criticize. The tradition of personhood has been well-established in recent academic commentary on personhood. Often construed as a gradual evolution and expansion from its modest original scope covering only adult male heads of household to present universal human personhood, the concept of legal person is tightly connected to the rule of law and the emergence of human rights. On this tradition, personhood is reserved an emancipatory role: Personhood is a legal fiction that sets everyone on an equal footing before the law. Also, due to its fictional character, collective human enterprises from state to corporation are donned with personhood as tools for realization of humane personhood. As such, the tradition serves an important part in perception of law and justice as ultimately egalitarian and often blind. Recent interest in legal personhood has come to criticize the traditional narrative, claiming that it construes a myth concealing the fact that law remains profoundly discriminatory and unjust partly because of the way legal personhood is defined. A range of new entities commanding some or all features of a legal person — such as animals, cyborgs, and fetuses — are left outside legal protection due to their wanting personhood. Clinging on ideas equating humans to persons lead to affronts of morality in name of legality, the critics of the traditional narrative argue. According to them, rather than maintaining a material bind to a human being, a legal person should be a concept of art reserved to an artificial bundle of rights that can be allocated to anyone or anything. As truly artificial, legal personhood would better serve justice by providing rights to everyone and everything unlike the traditional account. The utopia proposed by this introduction as well as by all of the articles forming this special issue pushes both the tradition and its critics to their limits. The utopia, on the one hand, argues for a fully material account of personhood where all things stand initially on an equal footing and, on the other hand, demands that also artificiality takes itself seriously in its denouncement of any material bind. We argue that such a utopia will better highlight the functions personhood serves in law and allows for a reevaluation of our appreciation of things.

Protestantism and the Emergence of Human Rights

The idea of human rights is widely accepted as a foundation of legislation and political action. It is the cornerstone of liberal democracies, the ideal held out against oppression and injustice all over the world. At the same time, it arouses debate, and criticism from all parts. Different groups fight for different causes appealing to the same principle of human rights. For all their disagreement, they could perhaps agree on one thing, that is the origin of human rights. But even then, there is disagreement. The commonly held view that human rights are the fruit of the European and American Enlightenment in the 18th century, is now being questioned. In this article, we shall see that Protestantism has played a crucial role, especially one branch of Protestantism in the English-speaking world, the Baptist movement in the early 17th century. Our interest is not only to set the historical record straight, but also to see how the particular origins of human rights are relevant for the development of this principle in today’s societies.

The Status of Universal Human Rights in the 21st Century: An Appraisal

The emergence of human rights into human ethical consciousness and their development and now worldwide recognition constitutes a moral phenomenon of astonishing scale and unparalleled significance, well meriting the remark of Henkin (1990: p.xvii) that “Ours is the age of human rights. Human rights is the idea of our time (Mahoney, 2007: viii). On 10th December, 1948, the famous Universal Declaration of Human Rights (UDHR) was proclaimed as one of the most widespread and globally binding internationally-recognized human rights document in the horrendous aftermath of the First World War. Its universal importance is seen in the recognition of the day as International Human Rights Day, and celebrated as such throughout the world. One of the principal objectives then was to avert a repetition of the holocaust, and to safeguard the provision of human rights contained in this document. Dinah L. Shelton places significant emphasis on this for good reasons. As she notes, “the concept of human rights involves consideration of what “rights” a person possesses by virtue of being “human”, that is rights that human beings, independent of the infinite variety of individual characteristics and human social circumstances” (Shelton, 2014: 1). The essence of this emphasis, especially her emphasis on “infinite” human characteristic, is perhaps, to safeguard future generations from the challenges of “identity” and the idea of “us” versus “them” often used in cases of “just wars”. It is the development of this aspect which this article seeks to investigate, using circumstances of the Ebola virus threat as a reference point. The article concludes that, there are emerging threats that question the extent of universality.

A importância de fatos histórico-sociais para o reconhecimento e desenvolvimento dos Direitos Humanos e Fundamentais

This article aims to address socio-historical facts which have significant relevance to the acknowledgement and emergence of Human Rights and Fundamental Rights. The Natural Law movement, with its construction based on Universal Rights, influenced the theorization of Human Rights; the Enlightenment Age, based on which we constructed a critical view of that state of things and its revolutionary character, by bringing up Rights as a defense against the state. The French Revolution, as an episodic outcome in which all ideas until then constructed were applied and universalized in some respects. The Declaration of Human and Civil Rights of 1789, having established in the law the above-mentioned ideas that supported the Revolution, ensured their preservation and observance. Capitalism and its intrinsic relationship with the scenario in which the Industrial Revolution broke out, which gave rise to new movements claiming for Rights, enabling the emergence of Second-Generation Human Rights responsible for creating State intervention as necessary to put into effect the Right to substantial equality. Finally, the Catholic Church, which universalized its humanitarian thinking through the encyclicals, especially Rerum Novarum and Quadragesimo Anno, reinforcing and complementing what had already been built by historical, political and social movements. Therefore, it can be concluded that Human and Fundamental Rights have definitely taken root according to the molds left by these facts in a global context and especially in those countries that are signatories of the Constitutional State. Keywords: socio-historical facts, Fundamental Rights, Human Rights.