Ideology Of Rights Research Articles

The Issue of Regulating Human Rights and Freedoms in Modern Transforming Society

The development of the institute of human rights and civil freedoms in any state indicates the level of its own development, while the proper mechanism for implementing the norms that enshrine human rights and civil freedoms testifies to democracy, law and order, the legality and legal level of this state. The article aims at studying the legal mechanism for implementing and protecting human rights and freedoms in modern conditions. The authors of the article have revealed that the Russian society grows aware of human rights and freedoms, which can be regarded as the beginning of the spiritual revival of the Russian Federation. The ideology of rights is now generally recognized and required by both government and society. From the viewpoint of this ideology, the Soviet and post-Soviet views should be reassessed and projected onto the near and distant future. The authors have proved that the realization of individual rights is a complex and multifaceted phenomenon that includes not only the activities of law enforcement agencies but also the activities of individuals. They have also established that the individual’s activity in such implementation depends on the level of legal consciousness, legal culture and legal awareness.

Problematik aspects of protection of constitutional human rights in Ukraine and ways to overcome them

The article reveals the problematic aspects of the state of protection of human and civil rights in Ukraine, as such rights are the basis for the existence of the state as a subject of international law. Today, respect for human and civil rights and freedoms -the main criterion of civilized society, its ability to solve the most complex economic, political and social problems. It is no coincidence that the international community seeks to treat human rights globally, on an equitable and equal basis. This takes into account the national and regional specifics of states, their various historical, cultural and religious features.
 The article aims at a comprehensive solution to the organization of the legal system of human rights protection, which must comply with international and national law. This provides a legal description and identifies elements of a set of guarantees for constitutional protection of rights, taking into account national experience, case law, experience of other states, as well as international standards in the field of human and civil rights, generalization and development of ideas on this issue social space.
 Modern Ukrainian society is going through a stage of deep awareness of human rights and freedoms, which can be seen as the beginning of the spiritual revival of Ukraine. The very ideology of rights is becoming more widely recognized and in demand in state and public life. From the point of view of this ideology, there is a reassessment of views on the Soviet and post-Soviet past and a projection on the near and distant future of Ukraine.
 Implementation in practice of protection and defense of human and civil rights and freedoms is a long and gradual process of transformation of the whole society. However, this process has certain time limits set by the Association Agreement between Ukraine and the European Union. The implementation of this Agreement requires not only appropriate measures to improve the quality of legislation in this area, improve the executive and judiciary, local governments, and increase the activity of citizens in the context of exercising the right to protect their rights and freedoms in all ways not prohibited by law.
 The goal set in the article was achieved by solving the problems of studying the constitutional features of the organization of such protection and its implementation in practice.

Whiteness and Impunity: Examining Virginia's Second Amendment Sanctuary Movement

How do people who consider themselves law abiding mobilize against “offensive” laws? Stated differently, how do people assert impunity? Although sociologists robustly document the unequal administration of American law, most focus on the production and legitimation of racial disparities through punishment rather thanimpunity. We use theories of Whiteness to analyze Virginia’s Second Amendment sanctuary resolutions, illuminating how impunity is reproduced as a White prerogative, to engage sociological debates surrounding race and the legal system. These resolutions draw on an ideology of rights centered on the sanctification of the Constitution to buttress their standing and affirm gun‐owning Americans as enactors/defenders of social order by decrying state efforts to restrict gun access. Our analysis suggests that Second Amendment sanctuary supporters assert a relation of impunity between themselves and the law by reflecting and reproducing White habitus and by reconstructing the rule of law through reliance on exclusionary tropes involving American values, tradition, and Constitutionality. Our analysis reveals that resolution supporters routinely asserted Second Amendment sanctuaries as White sanctuaries, tying Whiteness to gun rights and shaping how social structures (including laws) are organized.

Is “Land for Peace” Legitimate?

Is “Land for Peace” Legitimate?

Characteristics, determinants and perspectives of experienced medical humanitarians: a qualitative approach

ObjectiveTo explore the characteristics, motivations, ideologies, experience and perspectives of experienced medical humanitarian workers.DesignWe applied a qualitative descriptive approach and conducted in-depth semistructured interviews, containing open-ended questions with directing probes,...

That 'Springbreak' Feeling: Pragmatism, Irony and Belief in the Age of Human Rights

This paper is a report that I presented at a recent workshop at the Sorbonne on Reevaluating Critical Approaches to International Law. I was rapporteur on international human rights and conceived the paper as both an introduction to and an evaluation of critical approaches to human rights law. I identify different strands of critique, some epistemological, others historical or substantive, or taking issue with the voice or the praxis of human rights. I try to recast critical voices in international human rights law as focused on ensuring that human rights retain their transformative potential, and do not merely ossify into an ideology of power. After pointing out some of the more familiar critiques of the critique - the limits of pragmatism as an ideology of rights, the need to bracket some doubts for any theory of political action, or the tendency to speak of the international human rights movement as if it were one - I do suggest that the future of international human rights thinking may lie in rediscovering some of the project's own critical energies. For example, I point out the relevance of current work on international human rights that seeks to emphasize their apologetic nature and, in particular, rights' tendency to become too embedded in the very international state structure they purport to criticize. I conclude with a few words on what might be an ethics of international human rights lawyering.

Gender, Sovereignty, Rights: Native Women's Activism against Social Inequality and Violence in Canada

Gender, Sovereignty, Rights:Native Women's Activism against Social Inequality and Violence in Canada Joanne Barker (bio) Contemporary Native women's struggles against social inequality and violence and for Native sovereignty and self-determination are mired in histories of sexist ideologies and practices. While these struggles and histories did not begin in the nineteenth century (sexism certainly existed before then), they were fortified in powerful ways by the Indian Act of 1868. The act consolidated under Canadian Parliament authority all previous colonial legislation addressing the status and rights of Native people in Canada. In 1876, the act was amended to establish patrilineality as the criterion for determining Indian status, including the rights of Indians to participate in band government, have access to band services and programs, and live on the reserves.1 The amendment instanced and reified the sexist ideologies and practices of colonialism in which the act emerged and functioned, and it did so specifically by empowering status Indian men with all of the rights, privileges, and entitlements of status in band government and reserve life. Over time, this led status Indian men to an expectation of entitlement in band government and property rights over Indian women, irrespective of their status. The provisions of the Indian Act and its enforcement by Canada only affirmed and perpetuated those expectations.2 In 1983 and 1985, several different kinds of Indian women's constituencies (status, nonstatus, reserve, urban, rural) and their allies (including Indian men) secured constitutional and legislative amendments that partially reversed the 1876 criterion.3 The amendments were not passed easily. Status Indian men who then dominated band governments and organizations protested vehemently against the women and their efforts. They accused the women of being complicit with a long history of colonization and racism that imposed, often violently, non-Indian principles and institutions on Indian peoples. This history was represented for the men by the women's appeals to civil and human rights laws, and more particularly to feminism, to challenge the [End Page 259] constitutionality and human rights compliance of the Indian Act, an act the men represented as providing the only real legal protection of Indian rights to sovereignty in Canada. Demonized as the proponents of an ideology of rights based on selfish individualism, and damned for being "women's libbers" out to force Indian peoples into compliance with that ideology, the women and their concerns were dismissed as embodying all things not only non- but anti-Indian.4 Their agendas for reform were dismissed as not only irrelevant but dangerous to Indian sovereignty. These dismissals perpetuated sexist ideologies and discriminatory and violent practices against Indian women within Indian communities by normalizing the men's discourses regarding the irrelevance of gender as well as the disenfranchisement of women in Indian sovereignty struggles. The longer work from which this article is drawn examines the 1983 and 1985 amendments and the activism that led to their development and passage as an instance of the co-constitutive relationship of sovereignty and gender.5 By developing how and which specific discourses of rights were mobilized by various constituencies of Indian men, women, and their allies, the article opens up the conflicts surrounding gender politics and women's rights within Native sovereignty movements. In doing so, it intends to provide a forum for thinking about the kinds of social reformations needed to bring about equity between and for men and women in Indian communities, an essential aspect of any agenda for decolonization and social justice for Native peoples. Structuring Inequalities: Understanding the Indian Act System Canada's Constitution Act of 1867 assigned "exclusive jurisdiction" to Parliament over "Indians, and Lands reserved for the Indians" (Section 91, 24).6 Canada's Indian Act of 1868 enumerated these powers by defining the laws and procedures of band governments as well as the terms of occupancy and use by bands of trust lands or reserves. It commissioned the Department of Indian Affairs and Northern Development (DIAND) to oversee band government operations and the management of reserve lands, resources, housing, and all related program and funding issues, such as education and health care. DIAND agents were also given the authority to remove band officials from office if...

Gender, Sovereignty, and the Discourse of Rights in Native Women's Activism

In 1876, the Canadian Parliament amended the 1868 Indian Act to establish patrilineality as the criterion for determining Indian status and all commensurate rights of Indian peoples to participate in band government, have access to band services and programs, and live on the reserves. In 1983 and 1985, several different kinds of Indian1 constituencies and their allies secured constitutional and legislative amendments that partially reversed the 1876 criterion.2 The amendments were not passed easily. Male-dominated band councils and Indian organizations protested vehemently against the women and their allies. They were accused of being complicit with a long history of colonization and racism that imposed, often violently, non-Indian principles and institutions on Indian peoples. This history was represented as being furthered by the appeals to civil and human rights laws, and more particularly to feminism, to challenge the constitutionality and human rights compliance of the Indian Act. Demonizing an ideology of rights based on selfish individualism, and damned for being women's libbers out to force Indian peoples into compliance with that ideology (Silman 1987, 178-89), 3 the women and their concerns were dismissed as embodying all things not only nonbut anti-Indian. Indian experiences, perspectives, and political agen-

The role of women in social protest in the Highlands of Scotland, c.1880–1939

For some time, the presence and prominence of women has been identified as central to events of rural social protest in Britain. Yet explanation of such centrality has tended to be based upon, and perpetuate, gender divisions. Little regard has been given to the notion that women took part in protest for reasons shared with their male counterparts. A similar pattern of explanation has been advanced for protest events in the Highlands of Scotland. Food riot and resistance to clearance are seen as attempts to defend the «moral economy», whilst the land seizures of the 1880s are seen as products of a developed class consciousness. Where women's participation is recognized and considered, explanation is not based in the underpinning, legitimizing notion of male protest—the ideology of rights to land—but is based instead in women's domestic role. Separate explanations such as these would appear no longer sustainable. The introduction of capitalism into the region and the consequent development of crofting agriculture, compelled the reworking of existing relations between men and women. Women became central to the functioning of the crofting economy and vital to the maintenance of claims to land. From this they drew the strength to participate in protest and drew upon the same nexus of motivations as their male counterparts.

An ideology of rights: Support for civil liberties among political activists

This paper examines support for civil liberties among a large and diverse set of political activists during the Reagan era: financial donors to party and political action committees (PACs). While these activists are more tolerant than the mass public, support for civil liberties is not evenly distributed among them. Liberals and Democrats are far more tolerant than their conservative and Republican counterparts. Tolerance is related to support for substantive rights and rooted in cosmopolitan demography, and it is not linked to greater political or social participation. Thus, among political activists, tolerance is associated with broader political alignments and not elite statusper se.