Freedom Rights Research Articles

Human Rights in Limbo: A Human Rights Analysis of Religious Freedom Protections in European Asylum Centres

Abstract This article examines the legal protections for religious freedom afforded to non- detained asylum seekers and refugees in European asylum centres, highlighting the gap between theoretical rights and practical implementation. Despite the fundamental right to freedom of religion or belief, asylum seekers often face coercion, verbal and physical attacks, and restrictions on their religious practices within these centres. The absence of regulations or guidelines exacerbates these problems, leaving operators in a legal grey area and the religious freedom rights of asylum seekers in limbo. The article also examines how the privatisation of refugee reception impacts human rights obligations and the dual nature of state responsibilities—both negative and positive—regarding religious freedom. It emphasises the necessity for the implementation of regulations and guidelines to guarantee the enforcement of religious freedom protections, with the objective of safeguarding the religious freedom rights of asylum seekers and refugees in European asylum centres.

Freedom of Association in Ireland

Abstract This article examines, the manner in which the right of freedom of association enshrined in Article 40.6.1.iii. It is divided into two parts. Part i outlines the textual basis of the right, its historical development and its nature and scope understood within a unique constitutional context: its scope, relationship with international law, limitations, and relationship with other rights. Part ii then considers some of the rationales for respecting, protecting and promoting freedom of association. It seeks to outline and map the key underpinnings of the approach of Courts, the legislature and scholars when engaging with the right.

Freedom of Association in Mexico

Abstract Freedom of association has been constitutionally recognized in Mexico since the mid-19th century. But it has been in recent years that academic scholarship and case law have constructed its content and scope. It is a freedom right that requires the performance of a negative conduct on the part of the State. Its constitutionally protected scope comprises a positive, a negative, as well as a collective dimension. Additionally, it is an instrumental right through which other fundamental rights can be exercised and the constitutional and democratic Rule of Law is consolidated. The greatest academic scholarship and case law development in Mexico refers to two specific types of associations: political parties and labor unions.

JUDICIAL ACTIVISM: A LIVING IMAGE OF LAW REFLECTED IN THE SOCIAL MIRROR

This article analyzes the instrumentalization of law for the purpose of promoting social emancipation. It hypothesizes whether the leading role attributed to the Judiciary in the Democratic State of Law at the turn of the last century to the 21st century fulfills the promises of modernity based on the theory of the social contract and driven by the Enlightenment ideals to make effective the rights of freedom and social rights of the Constitution. To this end, first, legal positivism is presented, in search of recognition of subjects and equal participation; second, the historical bases of the constitutions are established, to confirm the metamorphosis of law and the model of jurisdictional control through the main and incidental channels; and third, to show judicial activism, mapping the decisions of the Supreme Court. The conclusion is about the importance of the Judiciary in the effectiveness of positive and negative rights. The article was guided by the hypothetical-deductive method and was based on books, scientific articles, legislation and jurisprudence.

RELIGIÃO E SAÚDE DA MULHER: UMA ANÁLISE ACERCA DO DESESTÍMULO AO USO DE MÉTODOS CONTRACEPTIVOS POR MÉDICOS CRISTÃOS

The following article is a study and a reflection about women’s reproductive rights, through the use of contraceptive methods, that are blocked by medics that take reason in religious reasons to refuse themselves to prescribe them. Was made an analysis on the historical aspects of women’s rights, especially the ones about contraceptive methods, where they came from, the catholic’s church trajectory as fundamental part of the mass control through history an what the federal consil of medicine brings on their statutes to support both sides of this study, the health’s right and the right of religious freedom. The article was made through bibliographic research and has as it’s goal propose a reflection on the religious freedom’s limits when talking about woman’s reproductive health.

"We Move": How Florida School Librarians are Protecting Controversial Titles and Navigating a Legally Perilous Environment

Using a mixed method approach and informed by Noelle-Neumann’s Spiral of Silence Theory, this study examines the impact on school librarians of recent legislation in Florida that has facilitated widespread materials challenges and removals of titles in public school libraries across the state. Participants were presented with several series of questions that included their comfortability with collecting materials that could potentially be considered controversial, and their perceptions of support for their collection development decisions by stakeholders including principals, parents, colleagues, and their community. Additional series of questions focused on the participants’ experience with self-censorship and their familiarity with both Florida State law and federal case law that pertains to students’ First Amendment and intellectual freedom rights. Multiple, successive rounds of recruitment yielded 49 survey participants and 9 interviewees. Preliminary analysis suggests that Florida school librarians increasingly rely on professional reviews to both guide their selection choices as well as protect themselves in the event of a materials challenge. Additionally, although a large majority of the respondents indicated strong support for intellectual freedom, many avoid selecting materials perceived as controversial to avoid controversy. However, the data also suggest that communication, collaboration, and involvement with like-minded individuals and organizations can be key mitigators of self-censorship and appear to offer a fruitful avenue to assist Florida school librarians in navigating the current environment. Finally, Florida school librarians appear to have a more robust awareness and deeper understanding of state laws compared to the federal case law that provides critical context.

2022 개정 특수교육 기본교육과정 사회과 내 인권교육 관련 성취기준 분석

Objectives The purpose of this study is to analyze the social studies achievement standards of the 2022 revised basic curriculum of special education by content elements of human rights education to check the current status of each school level and human rights education area, and to suggest the direction of human rights education in special education. Methods In this study, the social studies achievement standards of the 2022 special education basic curriculum were analyzed using the analysis framework of previous studies related to human rights education. In addition, in order to confirm the reliability and validity of the analysis results, the reliability between analysts and the validity of the expert content were implemented. Results Elementary school showed the highest frequency, and middle and high school showed the highest frequency of I. respect for human rights in the major area, and I-3. Human rights values and attitudes in the sub-area showed a very high percentage. The analysis results of human rights education by grade group showed that in all grade groups, I. respect for human rights showed the highest frequency, and in the sub-area, I-3. Human rights values and attitudes and II-1. Freedom rights showed the highest frequency, while middle and high school levels showed the highest frequency of human rights values and attitudes. Conclusions The conclusions according to the analysis contents are as follows. First, special teachers need to construct a holistic human rights education through curriculum restructuring. Second, the content elements of human rights education need to be sequenced and connected by grade group of the curriculum.

Women in Strengthening the Economy and Welfare of the Ummah in Maccini Sombala District, Makassar

This research aims to educate women in Maccini Sombala Village about the role of women who are able to play a role in strengthening the economy and welfare of the community, as well as how to improve the economy according to sharia. This research is a type of qualitative and quantitative research (mix-methods). This research is a form of grounded research using the Participation Action Research (PAR) technique. Meanwhile, the quantitative method used in this research is the experimental method and data processing using the paired sample t test. The results of the research show that it plays a role in changing the views of women in Maccini Sombala District to take a broader view of the role of women, removing the limitations created by society regarding women's freedom of rights, as well as providing education regarding Islamic views and sharia financial management. There was also an increase in women's understanding in Maccini Sombala Village after the socialization activities were held.

Homophobic Statements, a Bishop, and the Limits of Freedom of Expression. An In-Depth Commentary on ECtHR 31.08.2023, Amvrosios-Athanasios Lenis v. Greece, no. 47833/20

Dichiarazioni omofobe, un vescovo e i limiti della libertà di espressione. Un commento approfondito su CEDU 31.08.2023, Amvrosios-Athanasios Lenis v. Greece, no. 47833/20. ABSTRACT: The decision of the ECtHR of 31.08.2023, Amvrosios-Athanasios Lenis v. Greece (no. 47833/20), is a further step toward an increasingly dense jurisprudence on “hate speech” and the limits of freedom of expression. The public proclamation of religious doctrines that are in conflict with the values of the contracting States enshrined in the ECHR is protected to a certain extent by the fundamental right of freedom of religion and belief. However, the qualification of a statement as religious does not justify “hate speech.” The AUTHOR shows the tension between freedom of religion, freedom of expression, and protection against discrimination, and analyzes the decision against the backdrop of Article 17 of the ECHR (prohibition of abuse of rights). SOMMARIO: 1. Preliminary Remarks - 2. The Concept of Hate Speech - 3. The Facts of the Case - 4. The Procedure and Reasoning of the Court - 4.1 The ECtHR’s Preliminary Considerations on Fundamental Rights - 4.2 Legal assessment - 4.3 Some Remarks on (the Non-Invoked) Article 9 of the ECHR - 5. Concluding Remarks.

The Three Forms of Dostoevsky’s Philosophy

Abstract Dostoevsky’s novels contain rich and profound philosophical ideas that can be broadly categorized into three forms: moral philosophy, existential philosophy, and tragic philosophy. The core of moral philosophy is the doctrine of love, emphasizing selfless dedication and self-sacrifice. Existential philosophy opposes psychology to reason, declaring the legitimate rights of individual psychological freedom. Tragic philosophy further explores the deep ethical and moral question of whether individuals have the right to oppose the world in critical situations.

Legal status of the right of religious freedom in Cuba after the 2019 Constitutional reform

Este artículo pretende ofrecer un examen exhaustivo de la situación jurídica de la libertad religiosa en Cuba, centrándose en la Constitución de 2019 y las leyes secundarias relacionadas. El objetivo es evaluar el grado de protección de este derecho fundamental en el ordenamiento jurídico cubano. El análisis cubre varios aspectos de la libertad religiosa, incluyendo cómo interactúa con otros derechos humanos y cómo se ve influenciada por ellos. Aunque el derecho a la libertad religiosa está formalmente reconocido en la Constitución, ciertas disposiciones imponen restricciones sustanciales a su ejercicio. Estas limitaciones están vinculadas a la adhesión a los principios comunistas y a las directrices establecidas por el Partido Comunista de Cuba, lo que crea importantes barreras a la plena práctica de la libertad religiosa. Esta situación suscita preocupación sobre el cumplimiento por parte del gobierno cubano de sus obligaciones internacionales en materia de derechos humanos. Al explorar estas limitaciones legales y su impacto, el artículo pone de relieve las discrepancias entre las promesas constitucionales y las realidades prácticas a las que se enfrentan las personas que tratan de ejercer su libertad religiosa en Cuba.

The Role of the Judiciary in Upholding Constitutional Law and Human Rights: An Islamic Perspective

This research explores the judiciary role in recognition of fundamental human rights, preservation of their civility and protection of laws. Government goals will better achieve by the standards developed by the judiciary in making people life easier, specifically in a context of Islamic teachings. Interpretation upon the comprehensive literature review, this study explores the relationship between the Government and the people and the international community through developing standards and laws in perception of Islam. Addressing the research question, “What role judiciary play in betterment of human’s life and as a guardian of the Constitution through embryonic standards and laws in Islamic perspective?” the study approaches the qualitative and analytical methodology. Data is collected through research, observations and studies conducted in Islamic communities and by the other scholars. The findings underscore the duties of the State and the rights of human by drafting limitation, preventions and equitable decisions. It delves into Islamic teachings influencing equitable enforcement of law and solidification of Human rights. It is further concluded that the State is obliged to constitute equal rights of freedom, democracy, social justice, tolerance equality of status as enunciated by Islam to ensure peace and protection in the country. It is recommended further to foster Islamic norms and values in judicial constitutions and policy makers for optimal protection of human rights and stability of political system.

Spinozas Role in Reshaping the Concepts of Power and Rights of Freedom

This paper examines Spinoza's philosophical contributions to the discussion on democratic governance, emphasising his endorsement of individual autonomy, reason, and natural law, while also criticising authoritarianism. Spinoza's views provide valuable insights into the intricate relationship between human nature, societal structures, and political authority, within the context of historical discussions on freedom and governance. The research seeks to clarify the potential consequences of Spinoza's philosophical framework for modern political thought and practice through analysis. Spinoza argues that persons, being a part of nature, are subject to its laws and have intrinsic entitlements to self-preservation and liberty. He promotes the use of reason in guiding individual behaviour and society organisation, emphasising the significance of rational government. Nevertheless, Spinoza's theory exposes its shortcomings in addressing social disparities and systematic injustices, hence reproducing the biases prevalent throughout his day. Notwithstanding these limitations, his focus on rationality and freedom continues to have a significant impact on current debates over democracy, rights, and social justice. This study enhances our comprehension of the intricacies related to freedom, governance, and societal progress by conducting a thorough examination of Spinoza's works and relevant secondary sources.

Spinozas Role in Reshaping the Concepts of Power and Rights of Freedom

This paper examines Spinoza's philosophical contributions to the discussion on democratic governance, emphasising his endorsement of individual autonomy, reason, and natural law, while also criticising authoritarianism. Spinoza's views provide valuable insights into the intricate relationship between human nature, societal structures, and political authority, within the context of historical discussions on freedom and governance. The research seeks to clarify the potential consequences of Spinoza's philosophical framework for modern political thought and practice through analysis. Spinoza argues that persons, being a part of nature, are subject to its laws and have intrinsic entitlements to self-preservation and liberty. He promotes the use of reason in guiding individual behaviour and society organisation, emphasising the significance of rational government. Nevertheless, Spinoza's theory exposes its shortcomings in addressing social disparities and systematic injustices, hence reproducing the biases prevalent throughout his day. Notwithstanding these limitations, his focus on rationality and freedom continues to have a significant impact on current debates over democracy, rights, and social justice. This study enhances our comprehension of the intricacies related to freedom, governance, and societal progress by conducting a thorough examination of Spinoza's works and relevant secondary sources.

MISUSING PREVENTIVE DETENTION IN SECURITY LEGISLATIONS: A HISTORICAL ANALYSIS FROM THE LENS OF PERSONAL LIBERTY

Preventive Detention is an extraordinary instrument used during times of crisis to prevent the commission of criminogenic behaviour by curtailing individual liberty on the apprehension of a criminal act, in the interests of national security. However, within Indian law, this extraordinary power holds a peculiar position in the sense that it is applicable during peacetime as well, an anomaly from the juristic position that it occupies in other jurisdictions. The historical roots of this power are traceable from the colonial era, wherein it was used as a means to silence dissent against the colonial State, yet, even after independence, it was given constitutional recognition and included and incorporated into the constitutional mechanism within Article 22. This is perhaps attributable to the exceptional circumstances surrounding the birth of this nascent nation, yet, over the past seven decades, it has been used as a means of silencing dissent and curtailing the voices of opposition, primarily due to its loose, imprecise, and vague connotation, as well as the blanket power that has been constitutionally granted on the State to exercise preventive detention. Curiously, although the judiciary has historically been an avowed protector of individual liberty and freedom, petitions challenging the validity of preventive detention legislations have often fallen on deaf ears, with the judiciary repeatedly valuing the principles of national security that these legislations envisage to protect over the individual rights of liberty and freedom. Thus, over the past seven decades, the misuse and abuse of preventive detention have become a dark spot in Indian legislative and judicial history. Against this backdrop, this paper is interested in examining the historical development and application of preventive detention laws in India, starting from the colonial period and expanding the discussion to the present, to understand the reasoning for its implementation during the British era, its subsequent inclusion within the constitutional framework, its use and misuse over the decades and the judicial opinion towards its imposition, to try and understand the nuances that this extraordinary power has carried in Indian jurisprudence.

The Freedom of Thought, Conscience, and Religion in the Age of Neuroscience

Abstract While the prominence of neuroscience and neurotechnologies has generated intensive debates about the normative analysis of the ethical-legal challenges in public opinion and academia, these debates are relatively scarce among law and religion experts. To overcome the shortfall, this contribution describes the impact of the main neuroscientific applications on the right of freedom of thought, conscience, and religion. Considering how neurosciences techniques can alter the mind, decode thoughts, and enhance cognitive functions, particularly individual thought and conscience, I suggest revising the traditional dichotomy of forum internum and forum externum of the right to freedom of thought, conscience, and religion and rethinking the protection of the forum internum, which is at risk in the Age of Neuroscience.

Clientelism in Indonesia: An Intractable Political Norm

When it comes to clientelism in southeast Asia, it occurs us that Indonesia has formed its own specialized tricky political norm on clientelism. For norm, with long history in Indonesia, clientelism has played an important role in agriculture and social stabilization. It has been a norm among the public and still makes a difference now. For intractability, since clientelism has been pervasive and inseparable from politics, it does do some harm to Indonesia, including the problem of corruption, the rights of freedom of election and democracy. In this article, I will concentrate on 2 words: norm and intractability, with illustrating the traditions of clientelism and traditions into norm in Indonesia and the downsides of clientelism, mainly focusing on corruption and the application of democracy.

Anti-heroism in Nineteen Eighty-Four

George Orwell’s dystopian masterpiece, Nineteen Eighty-Four is one of the most pervasively influential books of the twentieth century. Many previous researchers have explored its profound themes and cultural implications. Starting from a different perspective, this thesis approaches the story in the light of anti-heroism. By analyzing the image of Big Brother and the protagonist, the anti-heroic spirit shown in the transformations of the protagonist presents the glory of humanity under the pressure of totalitarianism. The suffering of the protagonist especially when he is under arrest shows readers how humanity will be tortured by totalitarianism in a world which is dominated by traditional heroism. Orwell expresses his comprehending of the freedom and concern for the future of mankind and gives his answer about hero and freedom after a close reading. A true hero is not the one who maintains the leadership of the party, but a man with independent thought, identifying the beauty and ugliness. And the right of freedom is the freedom of ideology on the basis of history.

Discrimination of persons with mental illness: testing the principles for the protection of persons with mental illness and the improvement of mental health care in Indonesia

Background Discriminatory acts against individual freedom rights in the context of human rights and dignity in Indonesia have been in the international spotlight due to human rights violations for years. Although the condition of individuals with mental disorders in Indonesia is quite worrying when viewed from the context of human rights; however, some basic mental health services are not available in most parts of the country. Methods This qualitative research uses secondary data such as health literature, social scientific, and national legal studies. The thematic analysis in this study concentrates on answering different research questions. However, this study encountered limited scope on two grounds; the first focuses on whether the National Mental Health Act (MHA) meets the basics set by the principles of CRPD. The second was the impact of other different rights on people with mental disorders. Results The results of this study on the number of cases of shackles and the differences between International Mental Health standards and the Indonesian Mental Health Act are also presented. A total of 23 studies have been used to determine the result from the analysis. It has been observed that adequate knowledge and awareness of people about mental retardation and health issues guide to the poor attitude as well as treatment of them. As per the report of Human Rights Watch in 2019, approximately 57,000 individuals with mental illness have been humiliated once in their overall lifetime in Indonesia. Conclusions The tradition of shackles (pasung) has resulted in ongoing suffering due to ineffective actions that violate human freedom and are contrary to human values. The Indonesian government should provide proper facilities for individuals with mental disorders to protect and cure them the people who have mental disorders and structure its laws more strongly.

The farce of the commons? Corporate rights, political wrongs and common-pool resources in English towns, 1835–1870

ABSTRACT The 1832 Reform Act and the 1835 Municipal Corporations Act reconfigured political representation in English towns from a ‘franchise’ system (based on rights of corporate freedom) to a property-based ratepaying electorate. This shift also undermined the rights of freemen to urban common lands and resources, which were linked to pre-existing forms of representation. This issue links directly to debates in economic history about use-rights and the preservation of common-pool resources (CPRs). Supporters of Nobel laureate Elinor Ostrom argue that such common resources could be preserved because this was the most rational economic choice facing their users. Critics have asserted that the fate of such economic resources was dictated by the historically contingent social, economic and political forces within them, not abstract economic rationality. This article assesses these arguments through a micro-study of the commons in the Yorkshire borough of Beverley between 1835 and 1870. New legislation ensured that these lands were managed in line with Ostrom’s principles of transparency and accountability. Despite this, they became entangled in wholesale, organised political corruption, exposed by a detailed Parliamentary enquiry in 1868. The article investigates this contradiction to explore how far ‘institutions’ could remain autonomous within a highly contested political ‘space’.