Expansion Of Human Rights Research Articles

Расширение прав и свобод человека или его расчеловечивание?

The article delves into the analysis of the “8 March Principles” presented by the International Commission of Jurists together with UNAIDS and the Office of the United Nations High Commissioner for Human Rights as a set of legal principles that decriminalize behavior in the field of sex, drug use, HIV, sexual and reproductive health, homelessness and poverty. Utilizing ostensibly civilized forms, these principles serve the Malthusian idea of population reduction (“corruption clothed in legal forms”, Malthus’s term), with law being no exception. However, while in traditional contexts, “dissolute living” (Malthus’s term) like marriage, contributes to population growth, emphasizing the need for chastity among the lower classes, neo-Malthusianism normalizes debauchery, indeed leading to population reduction. The aim of this article is to identify the dehumanizing content, reducing humans from social subjects to biological objects. The study’s subject encompasses dehumanizing conditions reflected in the “March 8 Principles” including the destruction of family, cultural, familial-role, gender, and sexual identities; legalization of drugs and pedophilia, prostitution, and begging as forms of commercial activity; as well as the destruction of culture. The methodological basis of this research is dialectical materialism. In scrutinizing the “March 8 Principles”, this study highlights the dichotomy between the purported expansion of human rights and the underlying trend towards dehumanization. By elucidating how these principles relegate individuals from social subjects to biological one, the research underscores the erosion of fundamental societal structures and cultural values. As such, it prompts critical reflection on the broader implications of legal frameworks ostensibly designed to promote human rights. Through the lens of dialectical materialism, this analysis provides valuable insights into the complexities of modern legal and socio-cultural dynamics, inviting further scholarly inquiry into the intersection of law, morality, and human dignity.

From Human Rights to Citizens' Rights? Democratic Framing Contests and Refugee Politics in South Korea

In 2018, the South Korean government denied refugee status to all but two of the almost 500 Yemenis who, fleeing civil war in their home country, had arrived earlier in the year on the resort island of Jeju. This decision was made in the context of a short-lived but intense public backlash, even though the overall number of refugees has remained consistently low. Three years later, nearly 400 Afghans were evacuated to South Korea with government support and little controversy. What explains these different patterns of refugee politicization in South Korea? I argue that the 2018 episode of anti-refugee activism in South Korea does not follow the typical script in immigration politics which pits "natives" against "outsiders"; rather, it is a reflection of internal political divisions. In this article, I focus on political framing contests involving governmental and non-governmental actors that draw upon prior rhetorical frames of political mobilization which had developed in a broader context of state-building, development, and democratization. The 2018 Jeju "crisis" was partially a reaction against state-led multiculturalism (damunhwa), which had gained momentum since the 2000s. It also signalled a political backlash against previous decades of social and political movements that framed labour rights, migrant workers' rights, and other minority rights as a necessary expansion of human rights befitting a responsible "advanced nation." At the same time, the varied responses to the arrival of Yemenis in 2018 and Afghans in 2021 show that the coherence and resonance of competing political frames during key moments can help explain the type and degree of political mobilization on refugee policy. Furthermore, these comparative case studies show that South Korean attitudes toward refugees have not settled into stable political-economic coalitions and remain contested and in flux.

ИДЕЙНЫЙ ПОТЕНЦИАЛ АНАРХО-КОММУНИЗМА П.А. КРОПОТКИНА ДЛЯ ТЕОРИИ ОБЩЕСТВЕННОГО ДОГОВОРА И ЕГО ЗНАЧЕНИЕ ДЛЯ СОВРЕМЕННОСТИ

The ideas of anarcho-communism by P.A. Kropotkin represent a rich heritage of Russian intellectual thought, relevant and significant for a new understanding of the theory of the social contract. A potential of the anarcho-communism ideas is revealed by the author’s approach: she applies a combination of analysis of a number of Kropotkin’s theoretical positions, the recognition of the uniqueness and exclusivity of the “moral and intellectual qualities” of his personality, the relationship of individual life history and the history of society in the conditions of revolutionary changes. With regard to the significance of the anarcho-communism ideas for the theory of the social contract, answers are given to the tasks of the study – how Kropotkin correlates society and the state, defines the internal determinants for consent in society, which signs (traits) for the characteristics of the social contract are important for the social diagnosis of its effectiveness. Kropotkin’s ideological legacy is an example of an intellectual response to the concrete historical challenges of a crumbling world, which was expressed in the creation of an ideology of anarcho-communism, combining both utopianism and a powerful predictive model of society’s way of life. His ideas of anti-statism, federalism, and the rule of law are in tune with the established modern era of the expansion of human rights, and are important due to the widespread social practices of civil society. Some ideas of Russian thinkers should be taken into account when developing parameters and indicators for the social contract as a necessary and reproducible construct.

Constitutive representation of womanhood

Abstract This article analyzes the speeches of Turkish female parliamentarians during the headscarf debate. We examine how deputies with different political and ideological predilections discursively construct women’s rights and employ legitimation strategies to validate their policy position. The findings reveal that on the one hand, the female deputies use different legitimation strategies to justify arguments for or against the use of headscarves in the public sector. On the other hand, they embed the headscarf debate into the broader political goals they pursue in a polarized political setting. They deploy legitimation strategies around the headscarf debate to rationalize future policy on issues ranging from the expansion of human rights and democracy to the change of the type of political regime.

Ejerciendo derechos desde abajo: Vivienda, género, migración y derecho a la ciudad desde Antofagasta, Chile

Elizabeth Andrade Huaringa is a woman, migrant, activist, and housing leader of the informal settlement of Los Arenales in Antofagasta, on the coastal edge of the Atacama Desert, Chile. In 2022, she was awarded the National Human Rights Award precisely because of her work on social rights, women’s rights, migrants’ rights, and above all, her work on the right to housing and to the city. In this Conversation with Camila and Ana, Eli reflects on her personal and collective history, on the construction of the right to housing and the city from precarious, popular or informal settlements, on the organisation of women in the context of crisis and violence, and on the progress and expansion of human rights from their everyday exercise.

Grassroots governance and social development: theoretical and comparative legal aspects

Democracy, as a political regime and a political system in which the people are recognised as the source of power, is now facing new challenges. The expansion of human rights raises important new issues for society, such as who should be held accountable for decisions. In contrast to traditional representative democracy, grassroots democracy expands civil rights and liberties and holds citizens more accountable at the local level. Concurrently, it generates some potential benefits for social development, both for the individuals who take part in it and for society as a whole. This study examines the experience of nations worldwide in implementing grassroots democracy and grassroots governance mechanisms. It makes an effort to evaluate the potential and prospects of legal conceptualisation of the concept of grassroots governance and adaptation of personal self-governance systems in terms of the social growth of communities.

Judicial Activism as an Essential Tool for the Protection and Expansion of Human Rights in India

The Indian judiciary has been the sentinel of democracy and assiduously upholds the values of Indian constitutionalism. Thus, the Court is the interpreter, protector, and guardian of the Indian Constitution. The active and trustworthy role of the judiciary makes it the country’s only institution whose acceptability seems to be a national consensus. This paper discusses that judicial activism is a part of judicial review and does not violate the doctrine of separation of powers; instead, it protects and promotes constitutionalism. Further, this paper illustrates that judicial activism has played a vital role in protecting and promoting human rights in India.

А.Ф. КОНИ - ЧЛЕН ГОСУДАРСТВЕННОГО СОВЕТА РОССИЙСКОЙ ИМПЕРИИ (1907-1917 ГГ.)

This article deals with an issue completely unknown in our historiography. This is the story of the shadow leadership of one of the major public figures of the Russian Empire – Anatoly Fedorovich Koni. Using his many connections and being outside of political parties, the member of the State Council promoted liberal ideas through parliament. Without entering into a confrontation with the monarchy and dealing with social issues (drunkenness, prostitution, education, judicial reform, etc.), the senator, however, never abandoned his principles and promoted them wherever possible. Anatoly Fedorovich supported the creation of a people’s university and the expansion of funding the fleet and the army, protested against the liquidation of Finnish autonomy and the abuse of Article 87 of the Fundamental Laws of the Empire. As a conservative liberal, he strove for a smooth evolution of the state towards the expansion of human rights and Europeanization while maintaining the autocratic system. At the same time, Koni understood that the ruling elite was leading the country to disaster. The rise of the famous lawyer’s political career began in 1916, when he got the opportunity to speak on the part of a group of united liberals and demand to take urgent measures to change the situation in the country

A CRITIQUE ON THE CONSTRUCTION OF ENVIRONMENTAL RIGHTS AS A HUMAN RIGHT IN PAKISTAN: A NEW DIMENSION IN THE 21ST CENTURY

Access to a clean, safe and healthy environment is an inalienable human right. The expansion of human rights paves the way for environmental perspectives of humanity and developed distinctively regarding planetary ecology and human liberty. The ‘right to life’ is envisaged in the international and domestic legal framework and later on developed through judicial interpretations have recognized the environmental right as a fundamental human right. For decades, international institutes and organizations have been working for the protection of the environment through diverse legal regimes and have been successful in declaring them interconnected fields. However, the lack of implementation mechanisms concerning a healthy environment is the colossal impediment that has adversely impacted the communities who seek out redress, through the judicial or non-judicial machinery. This paper examines the correlation between human rights and the environment and its interpretation by the courts. It argues that due to the importance of environmental laws there is a dire need for the effective implementation of the existing legal regime. Furthermore, this paper highlights the lacunas in the international and domestic legal framework of environmental laws and dwells upon a few strategies to counter the negative impacts of environmental degradation on human beings while discussing jurisprudential development in Pakistan. Keywords: Environmental Rights, Human Rights, UDHR, Precautionary Principle, Pakistan

When Misfortune Becomes: Evolving Human Rights Struggles for Health and Social Equality

ABSTRACTAlicia Ely Yamin offers a journey through a half a century of struggle for the recognition and expansion of human rights in their social, economic and cultural dimensions, focusing on the right to health and, more specifically, on the sexual and reproductive health rights of women. This chronological journey examines laws and regulations, decision‐making forums and legal cases that have been milestones in the global history of human rights—events that the author selects from her vast direct knowledge and involvement.

Human rights as a tool limiting state power

This article is devoted to the study of the limitation of state power through the concept of human rights. Numerous scientific researches and publications are devoted to the question of the balance of interests of the state and the person, the main purpose of which is to try to find and establish parity and balance between private and public. Speaking about human rights as an instrument of limiting state power, based on the idea that in today's world there are almost no absolute, unlimited rights, the authors emphasize the importance of restrictions imposed by the state, which must be commensurate and established by law. The article discusses the need to establish and have clear criteria for restricting human rights at the legislative and constitutional levels. This will be a guarantee against arbitrary actions of the state to reduce the scope of law enforcement of the individual and will act as a safeguard (factor) of limiting state power. In their work, the authors highlight the elements that form the basis and underlying the concept of restricting human rights and emphasize the positive and negative obligations of the state, as those that set the boundaries of public authority. Considering this issue, the authors explore the priority of human rights and refer to the rule of recognizing each individual as a full participant in legal relations, along with the inadmissibility of the individual as the object of such interaction, obliging public authorities to respect self-realization. The relevance of this publication indicates the need to find a balance and clearly delineate and distinguish the boundaries, elements, criteria and relations between man and the state, which is the guarantor of the realization and inviolability of rights, and in case of such violation - the guarantor of their protection. Nowadays, this topic is especially relevant for modern democratic societies, given the constant expansion of human rights, the practice of international (European) and national courts. Thus, the best possible understanding of the content of the concept of human rights as an instrument of limiting state power will promote their proper implementation and act as a guarantor of their security.

Menschenrechte und Mehrheiten

Human Rights and Majorities The paper is the written version of the 2nd Doehring Lecture given at the Max Planck Institute in October 2021. The author argues that claims of secular truth return to liberal democracy via a judicially supported expansion of human rights. Those truth claims had been effectively excluded or neutralised in the past. These days identity politics and transformative constitutionalism challenge the abstinence. The two challenges are being discussed in relation to the European Convention of Human Rights and its enforcement mechanism. They are confronted with the argument, that human rights and political majorities are not necessarily as a zero-sum game. They have a more complex interrelationship than the commonly assumed, classical containment of a majority by individual rights of minority representatives. Neither political communities nor the state nor a majority are per se abstract entities posing a threat to individual rights. The fact that there is historical and current empirical evidence not only of threats, but also of violations and even annihilation of rights, is no justification for a pessimistic model of liberal democracy. The author is concerned with the continued shift of parliamentary legislation towards a “culture of justification" thereby promoting the tendency to neutralise the majority principle in representative democracy. A further invigorated culture of justification indirectly puts the parliamentary majority decision under pressure to explain and cohere, which is not complementary to the motives and rationality of political majorities. Because members of democratic majority may pursue the same objective, but not always for the same reasons. Rational rights in court are then confronted with erratic politics in parliament. The paper is therefore a vigorous defence of representative democracy against its modern intellectual threats.

“OTHERNESS” AS A CONFLICT OF IDENTITIES IN THE DIGITAL ENVIRONMENT

This paper presents an attempt to analyse the growth of conflict in the context of globalization processes of the XXI century, in particular the clash of cultural and social identities. The development of digital technologies has provoked an increased array of information flows, which bring disorienting sentiments to society. This resulted in the spread of such social phenomena as “echo chamber” and gaslighting. Conflict of identities is a response to the collapse of a unified society. Purpose and objectives of the paper. The objective is to conduct a socio-philosophical analysis of identity as a conflict-causing phenomenon in the globalized digital age, based on the achievements of modern science and philosophy. Methodology of Research. The main research methods are structural-functional, philosophico-cultural and philosophico-anthropological. The principle “from abstract to concrete” and the principle of systemicity were applied to solve specific research tasks. Research results. On the one hand, modern globalization processes allow the interaction of previously distant or even mutually exclusive cultures, patterns of behaviour, or identities. On the other hand, there is a clash of previously separated and relatively closed cultural, civilizational groups, which becomes a catalyst in forming a completely new (or hybrid) identity and advocating existing identification values, where the alternative reality is perceived as a threat of losing the uniqueness or value of the heritage of generations. As a result, there is a conflict of identities at both the individual and social levels. Conclusion.The globalization processes of the XXI century are penetrating more and more actively into all spheres of social life: there is a clash of cultural and social identities, which provokes increasing conflict levels and grouping to preserve uniqueness in response to global trends, the establishment of new social norms and expansion of human rights. The world is in a state of formation, constant change, and the understanding of the described trends features and their mechanisms reveals their contradictory phenomena “echo chamber”, gaslighting etc. “Otherness” has become an integral feature of today and in our opinion, the search for practices of mutual understanding is becoming another cultural challenge.

Post-islamism: features, processes and prospects

The article is devoted to the analysis of such an ambiguous phenomenon as Post-Islamism, which emerged as an alternative to the ideas of Islamism that were subjected to the crisis in the 1990s. A distinctive feature of Post-Islamic ideas is their compatibility with the principles of democracy in a globalizing world. Unlike Islamism, Post-Islamism focuses on the rights of an individual instead of his duties. However, these progressive ideas could not become a full-fledged replacement for Islamism, since the decline in its popularity at the end of the XX century turned out to be temporary. The success of a number of Islamist parties in the parliamentary elections at the beginning of the XXI century became a confirmation of this. The events of the Arab Spring have made significant adjustments to the ideological architecture of the region. In the wake of the fall of authoritarian regimes and the growth of democratic calls for the expansion of human rights and freedoms, Islamist movements from moderate to ultra-radical have intensified. Against the background of the victory of moderate Islamists in the parliamentary elections in Egypt, Tunisia and Morocco, they again started talking about the onset of a phase of Post-Islamism. However, the failures of the Islamists in achieving political power and creating an Islamic state are more a tactical shift in their policy than a strategic one. Few Islamist movements have abandoned their goal of creating an Islamic State with the full application of Islamic law. Since Islamism is ambiguous, the boundaries between it and post-Islamism are still blurred and inaccurate. Despite this, post-Islamism is a more intellectual discourse about Islam and its place in the modern world and society.

O conceito de dignidade humana e direitos humanos

O presente artigo pretende trazer uma discussão sobre o conceito de dignidade humana e direitos humanos. Nosso objetivo será refletir sobre o conceito de dignidade humana e suas implicações na elaboração dos direitos humanos e nas discussões atuais acerca desta temática. No sentido de delimitarmos nossa análise recorremos a dois autores: Habbermas e Forst. Inicialmente faremos alguns esclarecimentos das diferenças entre a Moral e o Direito, para em seguida introduzirmos a questão da dignidade e dos direitos humanos, bem como a esfera pública como um espaço de justificação. Defenderemos o conceito de dignidade humana como fundamento da crítica em relação aos problemas relativos aos direitos humanos que a sociedade enfrenta. Ao final apresentaremos algumas considerações pertinentes a discussão e de que maneira este debate poderá contribuir para a ampliação dos direitos humanos e a garantia de uma sociedade mais justa. Palavras-chaves: Dignidade Humana. Direitos Humanos. Moral.

Индия: проблемы модернизации

In general, modernization in India follows the general laws of the formation transition: Individualism builds up pressure on collectivism in all areas of society, while the process of individualization of the individual intensifies. However, the dualism of structure-forming ties in Indian society leaves its mark on said process. Neither individualism, nor collectivism can prevail. There is a dynamic balance: Individualization of the individual occurs within the framework of collectivism, but for how long can this go on? Everything depends on the resource of collectivism, which is far from exhausted. In the study the author captures the reader’s attention on three points. First: the radicalism of modernizing transformations must correlate with the degree of society’s readiness (otherwise, even the most “progressive” reforms can be rejected by society). Second: of multiple modernization options, democratic is the most important for the destinies of the country and people, nationwide (it provides the least painful path of development, it is accompanied by the expansion of human rights and freedoms, and it helps to improve the lives of ordinary people. And the third: the importance of the personality type for the historical development of society requires a steady increase in the status of a person. Therefore, human rights movements, which are considered marginal in some countries, should be recognized as the most important system-forming factor in social progress. The legal base and the real scope of human rights, the tasks of human rights movements are becoming important indicators of the maturity of the country’s civil society in the depth of modernization.

DIVERSIDADE SEXUAL, GÊNERO E SEXUALIDADES: TEMAS IMPORTANTES À EDUCAÇÃO DEMOCRÁTICA

This essay has some observations on the concepts of gender, sexuality, sexual orientation and gender identity, themes that, but never, are necessary to reflect on the school contexts. The reflections that have been made here have been formulated within research projects that deal with the construction of gender identities in the school and part of the formative experiences with teachers of the states of Bahia and Rio Grande do Sul. The teachingdefends a school that, in interrogating the differences, educating the recognition of gender and sexuality dissent, I understand them as inseparable parts of democratic and city society. In addition, the text proposes to offer some epistemological notes to confront the conservative discourses that in the present day renew their fights against the city education, whose main objective is the expansion of human rights, the political participation and the notion of humanity.

Legal Dimension of Civil Society Activities (The South Pacific Example)

Introduction: the significant impact of civil societies on regionalism processes worldwide should not be left. This comes from the fact that citizens are becoming increasingly aware of their rights, as well as any possible impact on their own nation or region by joint social activities. Moreover, in line with the expansion of human rights (here, we are talking about the third category, the so-called third generation of rights – social rights), citizens can participate in adoption of legal and political decisions also at the local level. They see themselves as ever-growing importance of players in regional management. The South Pacific, being relatively new region, is showing clearly the evidences of such civil social activities too. Methods: the methodological framework for this article is a set of methods of scientific knowledge, among which the main ones are the methods of public policy, analysis, and the formal legal method. Results: the article, presenting knowledge which is not enough studies in the European scientific literature will bring the legal dimensions of regionalism, as well as the actual functioning of the civil society organizations’ activities. To do so, it is necessary to describe some aspect of the Pacific cooperation in its formal, as well as informal methods and paths. Conclusions: the role and importance of CSO, as well as their great contribution to economic, social, cultural and political development, have long been known and appreciated globally. According to the United Nations, the role of social organizations in the process of regionalism in the South Pacific is crucial and necessary.

ПРОБЛЕМЫ И ПЕРСПЕКТИВЫ РАЗВИТИЯ ЦИФРОВОЙ ЭКОНОМИКИ (Problems and Prospects for the Development of Digital Economy)

Russian Abstract: Цифровая революция изменяет нашу жизнь и общество с невиданной быстротой и небывалым размахом, формируя при этом как огромные возможности, так и колоссальные сложности. Новые технологии могут внести значительный вклад в достижение целей в области стабильного развития, тем не менее получение положительных результатов гарантировано не всегда. В данной статье рассмотрены проблемы, которые могут стать результатом развития цифровой экономики, а также перспективы, которые можно раскрыть в полной мере, избегая при этом нежелательных последствий, путем укрепления международного сотрудничества. Цифровая экономика создает также новые риски, включая угрозы кибербезопасности, облегчение незаконной экономической деятельности и покушение на неприкосновенность частной жизни. Исследование новых путей решений требует совместных усилий правительств, гражданского общества, академических кругов, научного сообщества и технологического сектора. Ежедневно мы становимся свидетелями многочисленных примеров того, как цифровые технологии способствуют упрочению мира, расширению прав человека и устойчивому развитию в интересах всего общества. English Abstract: The digital revolution is changing our life and society with unprecedented speed and unseen scope, while creating both enormous opportunities and immense difficulties. New technologies can make a significant contribution for achieving sustainable development goals, however, obtaining positive results is not always guaranteed. This article discusses the problems that may result from the development of the digital economy, as well as prospects that can be fully disclosed, while avoiding undesirable consequences, by strengthening international cooperation. The digital economy is also creating new risks, including threats to cybersecurity, facilitating illegal economic activities and attempts on privacy life. Exploring new solutions requires the combined efforts of governments, civil society, the scientific community and the technology sector. Every day, we are witnessing numerous examples of how digital technologies contribute to the consolidation of peace, the expansion of human rights and sustainable development in the interests of society as a whole.

Os 25 anos da CIPD: Terra inabitável e o grito da juventude

O fim da Guerra Fria, o desmoronamento da União Soviética, a unificação alemã, a formação da União Europeia e a emergência econômica da China e da Índia abriram um momento de colaboração e esperança de progresso na ordem internacional, na última década do turbulento século XX. A Conferência Internacional sobre População e Desenvolvimento (CIPD), ocorrida no Cairo, em 1994, se beneficiou deste clima global favorável e apresentou um Programa de Ação com uma visão otimista da tríplice relação entre população, desenvolvimento e natureza, prenunciando um mundo com avanços econômicos e sociais, com respeito ao meio ambiente e ampliação dos direitos humanos. Contudo, as múltiplas conquistas materiais e a melhoraem diversos indicadores sociais ocorreram às custas do empobrecimento dos ecossistemas e do desequilíbrio climático do planeta. O sonho do desenvolvimento sustentável tem gerado pesadelos, principalmente entre as novas gerações, que estão ocupando as ruas para denunciar as promessas vazias e a crescente probabilidade de um apocalipse ecológico que se vislumbra no horizonte. São estas questões que serão tratadas nesta nota técnica, neste momento em que se realiza a cúpula CIPD25, de Nairóbi.