Foundation Of Human Rights Research Articles

Quran's Insight On Human Rights

This study focuses on the growing global debate about human rights and the role of religion, particularly Islam, in shaping these concepts. The research aims to analyze the Quran's perspective on human rights, identifying fundamental principles that affirm universal values such as justice, Freedom, and equality. This study employs a qualitative method with a textual analysis approach to relevant Quranic verses. The findings reveal that the Quran explicitly recognizes fundamental human rights, including the right to life, Freedom of religion, and protection from oppression. The discussion also highlights that a comprehensive and contextual interpretation of the Quranic verses is necessary to understand the Islamic perspective on human rights in the modern context. The study concludes that the Quran provides a solid ethical and moral foundation for human rights, but its application depends on proper interpretation by Muslim communities worldwide. The research suggests the need for further dialogue between religious traditions and international law to support the global protection of human rights.

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

Intersecting Visions of Justice: The Philosophical Tapestry of Human Rights and Human Nature in the Thoughts of Macintyre, Arendt, Nino, and Habermas

This study explores the philosophical foundations of human rights concerning freedom, equality, and solidarity through the lenses of Iusnaturalism, Iuspositivism, and Ethical Constructivism, with a special focus on Alasdair MacIntyre, Hanna Arendt, Carlos Santiago Nino, and Jürgen Habermas. It examines MacIntyre’s revision of Iusnaturalism with an Aristotelian approach, Arendt’s methodological Iuspositivism highlighting legal frameworks, Nino’s rationality-based human rights theory, and Habermas’ emphasis on communicative action and social constructs. This research navigates the dynamic interplay of these theories, offering a multi-dimensional perspective on the evolution, validation, and application of human rights in contemporary society. Significantly, it introduces a dialectical perspective on rationality as a dynamic and evolving human attribute, addressing the constructivist necessities in defining human nature amidst prevailing uncertainties.

Free, Prior, and Informed Consent

Abstract Free, Prior, and Informed Consent (fpic) is crucial for the exercise of indigenous peoples’ right to self-determination, a binding human rights norm, as it provides them with the opportunity to determine how their lands and resources are developed. While numerous companies have committed to respecting fpic in their corporate policies, there continues to be a huge disconnect between public rhetoric and actions on the ground, and indigenous peoples generally struggle to have a meaningful voice in decision-making processes that concern them. Even if the United Nations Guiding Principles on Business and Human Rights (ungp, 2011) have compelled companies to gain ground with regards to their responsibility to respect human rights, the ‘do-no-harm’ principle does not require them to take positive actions towards fulfilling human rights. This approach is inconsistent with the moral foundation of human rights, which implies duties, and does not account for the substantial economic and political power that increases companies’ potential as guarantors of human rights. Based on the normative and moral legitimacy sustaining the narrative on corporate human rights obligations and the political, moral and legal imperative behind fpic, this article asserts that companies have a normative obligation to observe fpic, which they ought to operationalise in the context of heightened requirements regarding their human rights due diligence.

ART. 18. OF THE CONSTITUTION WITH REGARD TO THE POSSIBILITY OF INTRODUCING THE INSTITUTION OF SAME-SEX MARRIAGE IN POLAND

The paper discusses the legal possibility of institutionalizing same-sex marriages in Poland and the support for such a solution among the public on the basis of surveys conducted by IPSOS, Eurobarometer, and the “Love Does Not Exclude” Association. The purpose of the article was to verify the hypothesis that the Polish Constitution, more specifically, Article 18. does not define the concept of marriage and gives the legislature the opportunity to institutionalize same-sex marriages without the need to change the highest legal act in Poland. The opinions of constitutionalists Prof. Ewa Łętowska, Prof. Jan Woleński and Prof. Andrzej Mączyński are cited. The article cites the jurisprudence of the European Court of Human Rights and the claim of the Helsinki Foundation for Human Rights, which indicate the need to regulate the status of non-heteronormative couples, since the current legal state in Poland is contrary to international law. Based on the analysis, it was proved that Article 18 of the Constitution does not prohibit the introduction of same-sex marriages, and the opinions of supporters of the hypothesis that Article 18 defines marriage as the union of a man and a woman are not supported by the facts in the legal state in Poland. It is possible to introduce same-sex marriage through amendments to the law, not the Constitution. Studies show that same-sex unions are no different from heteronormative unions, so institutionalizing the law would end discrimination against some 2 million non-heteronormative people and provide them with legal security.

Affirming Human Rights against Neoliberal Anthropology: Social Aphasia And Words That Create

All social movements justify their actions, even if not explicitly, on the basis of the notion of human rights, just as every church and religious groups that are active in social struggles justify them in the name of a God who legitimizes human rights. In other words, the notion of human rights is at the basis of all groups' struggles for social justice. We may find different understandings of the origin of these rights - God, nature, or the human essence - but it is, or was, a presupposition of the project or utopia of modern civilization. However, with the hegemony of neoliberalism in economic and cultural globalization, the situation has changed profoundly. What was once a fundamental presupposition has become a matter of dispute? The theme of human rights has increasingly become a central issue in our political and social discussions. This means that we need, first, to better understand what is happening in the world and then to rediscuss the foundation of human rights. To this end, I will divide my article into three parts: a) the end of the consensus around human rights; b) the neoliberal notion of the non-existence or illusion of human rights; c) the social aphasia of the poor and its relations to the word and the revelation of Yahweh.

Legal Consequences for Children Who Commit Criminal Acts of Terrorism Based on Law Number 5 of 2018 Concerning the Eradication of Criminal Acts of Terrorism

Terrorism is an extraordinary crime (Extra Ordinary Crime), the international world created the concept of constitution through international conventions, namely the "Universal Declaration Of Human Rights" as a foundation of human rights, specifically the United Nations passed the "Convention On The Right Of The Child" to protect children and uphold children's human rights throughout the world. Terrorism eradication efforts of the government and the private sector are expected to focus on increasing integrated cooperation at all levels of society and creating the right legal concept for perpetrators of terrorism and legal certainty for children involved in criminal acts of terrorism. In this study using the Empirical Juridical research method is done by conducting legal research on the application of normative law directly on certain legal events that occur in society supported by data and facts. Descriptive Analysis, because the data collected in the form of words and images and not numbers that can provide a description of the subject of the research conducted, the data collected becomes a node of what has been researched. It can be concluded that the consequences of acts of terrorism result in losses in the form of loss of life, material, economic instability in the field of investment in the form of reduced foreign investors investing with security considerations and fear of loss.

Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.

Human Rights: From the Origins of Philosophical and Legal Thought to Modern Geopolitical Reality

The paper presents the author’s understanding of the unity of the logical and historical connection between the processes of formation of the institution of human rights and the formation of the idea of human rights in philosophical and legal concepts. The idea of human rights has historically been formed and put into practice as a result of several mutually dependent processes: firstly, the confrontation of social actors, the human struggle for the normative establishment of acceptable, decent standards and quality of life; secondly, the formation of the concept of «social justice» in the public consciousness on ethical and moral grounds that have developed in society; thirdly, the conceptualization of the worldview, philosophical, theoretical, ideological justification of human rights based on their understanding as natural, inalienable; fourthly, the international institutionalization of human rights; fifthly, the recognition of the institution of human rights in national legal systems. The significance of the social conflict that existed throughout the history of mankind as a source and driving force for the emergence of the idea of human rights is shown. The genesis of philosophical and legal ideas, starting from the period of Ancient Greece, expressing various aspects of the concepts of «justice», «freedom», «equality», «law», is investigated. The impossibility of formation is shown the formalized concepts of human rights before the formation of the theory of natural law. It is noted that the decisive factor in the beginning of the formation of the institution of human rights was the formation of natural law, the assertion of its influence on public consciousness. The importance of the bourgeois revolutions in Europe, which led to the formation of the Declaration of the Rights of Man and of the Citizen in 1789, is emphasized. The paper shows the fundamental difference between the socialist understanding of rights and freedoms from their understanding, which developed in the depths of bourgeois societies; the historical conditionality of the adoption of the Universal Declaration of Human Rights in 1948 after the Second World War is shown. The importance of the ideological foundations of human rights, the philosophical and legal explanation of the need for this institution is emphasized. A clash of worldviews in the understanding of human rights in the context of modern geopolitical reality is stated and an assumption is made about the possibility of forming a new concept (model of human rights).

Philosophical Foundations of Human Rights According to Soren Kierkegaard

Philosophical foundations of human rights as envisioned by the Danish philosopher Soren Kierkegaard. Kierkegaard, a pivotal figure in existentialist philosophy, presents a unique perspective on human rights that investigates into the individual’s subjective experience and moral responsibility. His ideas emphasize the significance of human agency, freedom, and the ethical imperative of choosing one’s values and actions authentically. This article provides an overview of Kierkegaard’s key concepts, such as the individual’s relation to God, the concept of authenticity, and the ethical life, and their implications for the understanding of human rights. It delves into Kierkegaard’s existentialist perspective and its implications for our understanding of human rights, highlighting the importance of individuality, freedom, and moral responsibility in his philosophical framework. It also highlights the potential contributions of Kierkegaard’s philosophy to contemporary discussions surrounding the nature and justification of human rights.

The role of human dignity in the jurisprudence of the African Commission on Human and Peoples’ Rights

Human dignity is a concept that is often mentioned in core human rights treaties and national constitutions as the foundation of human rights. At its core it demands respect for the life and integrity of the human person, recognition of the equal worth of human beings and respect for their autonomy or self-determination. Many national and supra-national courtsalso use the concept to explicate the meaning and limitations of human rights. The constitutional court of Germany, South Africa and the European Court on Human Rights are notable in this regard. In recent years, the US Supreme Court has also increasingly used the concept in resolving hard cases and expanding the scope constitutional rights. Though, the role andapplication of human dignity has received considerable scholarly attention, it is mainly confined to the European constitutional orders and the US constitutional system. With respect to regional human rights systems, scholars have largely focused on examining the role of human dignity in the jurisprudence of European Court of Human Rights and the Inter-AmericanCourt. As such, little is known about what role human dignity is playing or could play in the interpretation of rights in the African human rights system. This is alarming considering the poor status of protection of human rights and weak constitutional right jurisprudence in many countries of Africa. Accordingly, this article seeks to fill the lacuna by examining the role of human dignity in the African human rights system by exploring its place in religious and cultural value systems of different African societies.

The Image of a Lesser God: Imago Dei and the Human Rights of Children

ABSTRACT: Since the time of Augustine, and continuing today, it is common for religious believers to say that humans are created in the “image of God.” This imago dei idea was also commonly invoked, beginning in the seventeenth century, by Liberal theorists like Locke and Jefferson, as the foundation for natural or human rights. In this article, I will argue that for centuries, the dominant interpretations of imago dei were used by religious philosophical and political leaders to deny rights to both women and non-white men. More centrally to my thesis, this theological idea is still invoked today to deny human rights to children. However, taking children’s human rights seriously offers both a new foundation for human rights generally, and a different interpretation of what it means for humans to reflect the divine image.

Development of civil society in the context of implementation of the principle of democracy

Introduction. The full-scale invasion of the Russian Federation caused an unprecedented strengthening of the role of civil society in all areas of state activity. In particular, the activity of citizens in the country’s defense system and volunteer activities has increased. This could be traced in the context of the adoption and implementation of state decisions during the implementation of a number of reformsand in the fight against corruption, control over the actions of authorities, and so on. The aim of the article. The purpose of the article is the scientific and theoretical substantiation of the development of civil society in the context of the implementation of the principle of democracy already in the post-war period. Results. Speaking about the principle of democracy, which is realized through the participation of the people in the formation of state authorities, in the implementation of legal policy, in the creation and improvement of the legislative body, we inextricably link it with civil society as a form of development of democracy. The historical origins of civil society are characterized. It is noted that the historical stages of the formation of the idea and institutions of civil society in Ukraine largely coincide with the periods of growth in the political activity of society and the periods of state formation and restoration of statehood. It is emphasized that, on the one hand, civil society is an important condition for the functioning of democracy, on the other hand, democracy constitutes a certain political foundation for the development of civil society, which contributes to its normal functioning. However, there are a number of problems in this direction that need to be solved. In particular, it is lobbying, strong alienation of citizens from the authorities, corruption, etc. And despite the significant steps taken to correct this situation (in particular, a number of anticorruption bodies have been created), one gets the impression that these are more formal steps needed to fulfill the conditions for European integration, while in practice nothing changes. It is proposed to pay attention to the following directions in the concept of the development of civil society in the context of the implementation of the principle of democracy: 1) creation of civil organizations based on interests, charitable funds, societies, associations (for example, focused on solving the problems of victims of war, social and psychological rehabilitation of combatants) and development of various forms of public self-government and self-activity; 2) improvement of the political and legal culture of the population, formation of civic competences, creation of new opportunities for citizens’ participation in the management of state and public aff airs, adoption of foreign experience in this field; 3) raising the level of social consciousness, overcoming the phenomena of social passivity, since it is not only about the presence of democratic institutions and procedures and awareness of the population, but also about the ability of this population to live in the conditions of democracy, to use its benefits, in readiness for constant improvement of the political system in accordance with changes in specific historical conditions and social transformations;4) strengthening of freedom of information and publicity, openness of society with the involvement of the widest possible connections with the foreign world. Conclusions. It was found that the greatest integration potential for the successful completion of democratic development in Ukraine after the end of the war is civil society, which is based on a high level of civic competences and civic responsibility. Civil society should become a reliable foundation of human rights and freedoms, contribute to the development of the democratic principle of unification and consolidation around the European civilizational choice of Ukraine. Key words: civil society, democracy, power, state, civil responsibility, civilcompetences, political system.

Freedom of speech in the context of desecrating the Qur’an with an emphasis on international law

Freedom of speech has different scientific, logical and international definitions and it is one of the main foundations of human rights. On the international level, the question of human rights and freedom of speech is mentioned in different documents from which common indicators may be identified such as the unrestricting through restrictions, and unrestrictedness not even in the case of insulting and useless speech as long as it does not cross the allowable boundaries of freedom, etc. However, some limitations are emphasized in international documents when it comes to freedom, such as the explicitness of law in the prohibition of actions by which the rights and freedoms of others are endangered. In discussion of the recent desecration of the sanctity of Muslims in Europe and the repetition of those actions, exactly this question is used as a basis for the non-confrontation with the burning of the Qur’an and the repetition of that action. That happens despite the fact that it is logical that freedom of speech cannot lead to insults and the bringing of harm to others. Excluding the rational, religious and ethical observations in judging the desecration of the sacred, especially of a great religion such as Islam, which can lead to the prompting of hatred, encouragement to violence and discrimination, in international documents every type of action which leads to prompting, discrimination, animosity and violence is forbidden, but on the other hand, the practice of some European countries to forbid the question of burning the Qur’an can become grounds for canonical systems of other countries to proclaim the prohibition of this act. As a result of that, in the canonical sense and in the voluminous form it is proclaimed and accepted that if the application of the laws of freedom of speech function as a threat to the general good and common interests, it is the duty of countries to intervene and to act so that they may limit these foundational rights. With this in mind, the principle of support of “the common good” and “universal ethics” are the interests which may be used to limiting the freedoms of speech and human rights. It cannot be the case, that while expressing worry out of the indefinity of the category of limiting the freedom of speech which bends towards dictatorship and repression, that the definitive category of human consciousness and logical ethic is to be ignored, as well as that the duty of respect towards the convictions of others and the respect of humanity to be disregarded. Key words: human rights, freedom of speech, universal ethics, the burning of the Qur’an, international law and the covenant of human rights.

Analysis of the narratives about economy and privilege in “anti-Ukrainian” discourses on the Polish-language Twitter. Quantitative and qualitative aspects

A part of anti-Ukrainian discourses on the Polish-language Internet is related to the perception of migration through the prism of an economic profit and loss account. Before February 24, 2022, threads related to the labor market were popular. Currently, there has been a shift towards narratives focusing on the alleged privilege of migrants from Ukraine – as well as on the “weakness” of the Polish state. In the text, I look at these discourses in detail – both in quantitative and qualitative terms. The publication is based on the results of the Counterhate project carried out jointly by the Centrum im. B. Geremek, Helsinki Foundation for Human Rights and Securelex.

Exploring Jacques Maritain’s role in the drafting process of the Universal Declaration of Human Rights: A review of his presence in Charles Malik’s archival materials

Both the concept of human rights in Jacques Maritain and his the role in the drafting of the Universal Declaration of Human Rights (UDHR) in 1948 continue to generate significant interest among scholars and researchers. This interest is driven by a desire to understand the foundations of human rights in a multicultural context as well as the influence of the French philosopher on the composition of the UDHR. Charles Malik, a Lebanese philosopher and diplomat, was a nuclear drafter of the UDHR. An extensive archive of Malik’s papers is preserved at the Library of Congress, including large sections from his university years and his tenure as Lebanon’s ambassador to the United Nations. In order to provide original sources, this article presents Charles Malik’s references to the person and thought of Jacques Maritain, which will serve as a valuable resource for future researchers seeking to explain and clarify Maritain’s role and ideas in the drafting of the UDHR.

HUMAN RIGHTS´ PHILOSOPHY: UNIVERSALISM AND CULTURAL LOCALISM

The research analyzes the clash between universalism and cultural localisms, aiming to carry out an epistemological analysis of the discursive foundation of human rights. We problematize the existence of an apparent dichotomy between universalism and cultural localism. Methodologically, it uses discourse analysis, with an emphasis on deconstructivism. At the discursive level, the research points there is no contrast between universal human rights and different cultural localism. Understanding human rights as a universalized Western culturalism, there is no opposition between them and other cultural localism that contribute to different dimensions of dignity. The research contributes to the field by presenting the discursive element of universal human rights, manifesting its philosophical foundations.

Biblical Foundations of Human Rights and Liberties

Biblical Foundations of Human Rights and Liberties

Towards a philosophical foundation of human rights in contemporaneity

Using bibliographical review and analysis, this article seeks to elaborate upon the philosophical foundations of Human Rights. In order to do so, we conducted a research regarding the jusnaturalist, positivist, moralist and negationist schools in order to present aspects of converging 'concentric circles'. This structure enables the possibility of a shared philosophical foundation of Human Rights instead of multiple theoretical misconceptions emerging from each theory read individually. There is therefore a lesser risk of leading such theories and their interpretations into anachronism and stasis.

The paradox of human rights and three forms for its unfolding

AbstractIn this essay, published here for the first time in English, Niklas Luhmann shows how human rights have never been able to justify their existence to society without the use of a paradox. He identifies three general phases (or forms) through which the doctrine of human rights has developed: natural law, the positivization of law, and finally human rights as recognized through their violation and the moral outrage that this elicits. Whenever a grounding of human rights has been found, its persuasiveness could only last for a limited time; with the advent of each new epoch, the paradox has had to be unfolded anew. Our current answer to the paradox – that human rights are justified by the moral outrage that their violations provoke – is the most primitive solution yet, from the standpoint of legal science. Through careful sociological observation of the structural changes that society is undergoing, more satisfactory solutions for the grounding of human rights can be found.