Interpretation Of Human Rights Research Articles

Fuzzy Universality in Climate Change Litigation

Abstract Climate change litigation is developing rapidly and pervasively, emerging as a space for legal innovation. Until now, this process has occurred mainly in national courts. The result is a decentralization of the interpretation of human rights relating to climate change. This article argues that such decentralization could, in principle, have a destabilizing impact on claims to the universality of human rights. However, close examination of this litigation shows that a prototype is emerging, certain features of which are becoming ‘hard wired’ through the process of judicial dialogue. By exploring the content of this prototype, its decentralized development, and its self-reinforcing nature, we see a legal space emerging in which environmental human rights sit between the universal and the contextual.

LGBT In Criminal Code: A Dialeectics Of Morals And Human Rights From Prophetic Legal Perspective

The existence of LGBT individuals in Indonesia remains a contentious topic in society due to the perceived deviation from social norms in their orientation and behavior. Opinions on how to address LGBT individuals vary greatly, with some supporting their rights and others opposing them based on differing interpretations of human rights and moral and religious values. One prevalent discourse is to criminalize LGBT behavior as a violation of public decency in the reform of the Criminal Code. However, problems arise due to the lack of clarity in regulations and how to address the group from moral and human rights perspectives. This paper will discuss the ratio legis of LGBT regulation in national criminal law with human rights and morality variables, using the perspective of prophetic law. The data collection method is a library research model, and secondary data is used with descriptive-qualitative analysis techniques. The study found that the inclusion of LGBT elements in the national criminal law reform is a preventive measure taken by the state to curb the potential impact of LGBT on society. However, it is important to note that this reform is limited to criminal acts of decency and does not imply an implicit prohibition. It is crucial to maintain public morality without discriminating against any particular group. The principle of human rights and morals in Indonesia is based on Pancasila, which serves as the philosophical foundation and the ideals of national law. Therefore, LGBT sexual orientation and behavior are not accepted. The regulation of LGBT in the Criminal Code reaffirms the basic principles of the state built on the Almighty God and considers the legal system holistically, not limited to the principle of legal positivism, but also including morals as the substance of law.

Freedom of Religion or Belief as a Legal Value in Contemporary Discourses on Human Rights

The article examines understudied dimensions of the interpretation of human rights in Ukrainian science, highlighting their key role in shaping the contemporary objectives and orientations for the right to freedom of religion or belief. This work reveals the main provisions regarding the definition and legal safeguarding of religious freedom in each of the modern approaches to the interpretation of human rights: the Sustainable Development Goals, the capability approach, decolonialism and the feminist approach.Along with the classical framework of international human rights law, these approaches broaden the spectrum of perspectives on realizing the right to freedom of religion or belief. The Sustainable Development Goals consider religious freedom in terms of achieving the well-being of present and future generations and leaving no one behind. The capability approach complements the formal definition of the right to religious freedom, with the individual’s actual ability to exercise such a right. Decolonial and feminist studies provide a thorough critique of established notions of law, deconstructing and reconstructing them through analysis of the rights and needs of women, indigenous peoples, and other marginalized groups.Despite individual features in the interpretation of legal and social phenomena, all approaches (sustainable development, the capability approach, decolonialism, feminism and anti-discrimination) share one common characteristic: they offer an alternative point of view on the established relationships that exist in specific societies. The feminist approach, for example, is closely intertwined with the approach of decolonialism. In particular, in the case of wearing religious clothing, the choice of whether or not to wear such attire should be left to the women who are required to wear it, not to human rights defenders or arbitrators from other countries or institutions who can decide for the women that wearing religious clothing violates their rights.This research focuses on human rights, particularly freedom of religion, which is partly perceived through the Western, European-American vision of human rights. On the contrary, the abovementioned critical approaches present a new vision of established international legal provisions. It should be emphasized that critical does not mean negative. Through such critical thinking, the law has an opportunity to evolve and become more attuned to specific concepts or ideas. The view from within a particular societal group allows to provide a more objective understanding and interpretation of the human right to freedom of religion or belief.

Managed death: IO legitimacy and evolving human rights

As the norms that underpin longstanding human rights change, international organizations (IOs) based on rules that enshrine older norms face a challenge: The abrogation of older rules can restrict their remit, but the maintenance of outdated norms can hamper their legitimacy. I explore the role of IOs in terminating existing rules through 42 interviews with current and former International Labor Organization (ILO) staff and delegates centered on a new standards abrogation process. The standards that were considered for abrogation govern worker’s and women’s rights, especially those regulating penal labor in former colonies and those that prohibited women from certain types of employment under the grounds of special protection. I find that this abrogation process was driven by concerns about organizational legitimacy in the face of evolving interpretations of human rights rather than budget pressure and the ILO exercised agenda-setting autonomy in determining which standards were outdated and should be up for an abrogation vote. Other IOs have also rejected some of their own past rules or decisions to enhance their legitimacy.

Conceptual and Ideological Factors of the Modern Public Policy Quality

The article discusses the issue of ideological and conceptual factors which exert significant influence on the quality of the state policy in modern societies. The ratio of these factors and those taken into account in various quantitative methodologies is currently an integral part of the discussions concerning modern states, political regimes, democratization and modernization. The political evolution of societies is impossible without conceptual and ideological factors. This means that approaches and methods for assessing the quality of public administration will depend on the value definitions which underlying the understanding of the desirability or undesirability of specific management steps. An example of the contradictions that arise in the process of the influence exerted on the effectiveness of public administration by conceptual factors is the debate around ESG, which itself reflects the crisis of the popular concept of “governance.” The growth of social requests based on “trendy” left-liberal interpretations of human rights and civil society, on the one hand, forms the trajectory for the development of public administration in many modern countries, but, on the other hand, the same request can lead to “overwhelming of the state,” which repels an increasing number of non-Western states from this approach.

The decision of the European Court of Human Rights and the issue of determining the content of evaluation features

Resolving controversial issues related to the content of evaluative features in the context of the judgments of the European Court of Human Rights is important for the development of legal science and practice, since increased integration within Europe requires national governments and judicial systems to pay increased attention to the practice of supranational bodies. The purpose of this study is to analyse the judgments of the European Court of Human Rights, aimed at determining the content of the evaluative features in the context of human rights. For this purpose, the author uses the methods of legal literature analysis, comparative analysis of case law from different countries, synthesis, comparison, and modelling, as well as logical and systematic approaches to the analysis of court decisions. The article establishes that the assessment criteria are an important tool for determining human rights violations and require an objective and proportionate approach. Attention is focused on the role of the European Court of Human Rights in ensuring a balance between freedom of expression and the protection of human rights. The author identifies the need to adapt concepts to digital environments and take into account new challenges. The author analyses the process of determining the evaluative features and demonstrates its significance for establishing the scope of human rights protection. The author identifies different approaches of the European Court of Justice to determining the content of evaluative features in human rights judgments. The emphasis is placed on the interpretation of such concepts as “adequacy”, “excessiveness” and “necessity” in the context of human rights restrictions. The author identifies changes in the court's approach to these concepts over time and changes in the social and political context. The study is important for an in-depth understanding of the interpretation of human rights by the European Court of Human Rights, as well as for the formation of a unified methodology for interpreting the evaluative features in the judgments of courts of different jurisdictions

Ethical foundations of Jacques Maritain’s and Michael Novak’s conception of human rights

Abstract The aim of the contribution is to outline the ethical foundations in Maritain’s and Novak’s interpretation of human rights in a wider historical context and to assess its meaning for the present, with special regard to our Central European area. The issue of human rights has, in addition to its political aspect, an inherent ethical one. Fundamental human rights relate to the possibility of autonomy of a person as a moral being endowed with reason and striving for a meaningful life. Therefore, these rights have a fundamental role in practical life; however, they have also become an issue of speculative philosophy and theology, where the focus is upon concepts of freedom and reason. Jacques Maritain and Michael Novak were important figures in the advancement of human rights at the international level, with exceptional impacts especially in Central Europe. Both have their roots in Christian humanism, and for both their concept of human relations is derived from Biblical religion and love for one’s neighbour. Novak accepts Maritain’s concepts of a person and human dignity, and he tries to explain his own concept of democratic capitalism in accordance with it.

The extraterritorial human rights obligations of Japan in regard to Fukushima nuclear contaminated water

This article adopts a human rights approach to observe Japan’s policy on releasing nuclear contaminated water into the Pacific Ocean. It aims to provide a new discourse for stakeholders to push Japan to deal with Fukushima’s water in a responsible way. In doing so, it needs to elucidate an important normative question, namely whether a State has extraterritorial human rights obligations, given that international human rights law was traditionally perceived to deal with relationship between a State and its population. This stereotype would frustrate the world people to challenge the Japan’s decision based on human rights. In the era of economic globalization, however, there is an increasing need for the extraterritorial application of human rights treaties. Human rights theory and practice have gradually developed the jurisprudence on extraterritorial obligations of States based on an interpretation of jurisdiction. Such an approach has expanded from regulating State overseas military actions to tackling trans-boundary environmental harms. In the latter sense, the Fukushima incident is a good case, which urgently calls for a comprehensive examination of Japan’s extraterritorial human rights obligations. This article undertakes such a task by providing a logical interpretation of human rights treaty provisions. It is argued that the release of nuclear contaminated water entails a variety of extraterritorial obligations to respect, protect, and fulfill human rights on the part of Japan.

Activities of Prosvita and the Volyn ukrainian association in Volyn in the interwar period

According to the authors, the current aggression of the Russian Federation against Ukraine permanently deprives Ukrainians of any hope of compromise with their north-eastern neighbour, which is trying to prove the invalidity of a self-sufficient Ukrainian statehood in any way, failure of Ukrainians to create and develop their sovereign state. It has done this throughout all previous centuries, in every way destroying any attempts by Ukrainians to cultivate their own identity. This undoubtedly applies to the use of the mother tongue, the activities of all cultural and educational centres, etc. Attempts by Ukrainians to recreate the Ukrainian state after World War I failed due to internal and external factors, among which the Russian played not a minor role. Russia, then a Bolshevik state, saw no other path to its development than ownership of Ukrainian lands and domination of the Ukrainians. To this end, the most brutal methods of persecution of rebellious Ukrainians were used - from the liquidation of any public organizations to the mass destruction of their carriers. During the interwar period, the part of the Ukrainian lands which later, during and after World War II, the USSR (the same Russia, only under a pseudonymise of the federation of "independent" states) seized, in agreement with then Hitler’s Germany, belonged to other states, including Poland. Taking into account what is happening now, the authors would like to dwell briefly on the activities of Ukrainian educational organizations of the time in Volyn, which was under the authority of Poland. The article analyzes the activity and significance of the Ukrainian national cultural centers in Volyn – Prosvita and Prosvita Houses. It is noted that due to the implementation of the “Volyn experiment” voivod H. Yuzevsky destroyed the cultural and educational society Prosvita in the province under various acutenesses and created societies that were supposed to implement the program of governorates. On the basis of the analysis of many facts, the authors came to the conclusion that cultural and educational organizations subordinated to the Volyn Ukrainian Association, contrary to the hopes of the Polish authorities, had little beneficial influence on the development of culture, education, and literature in Volyn. Further experience showed that after the annexation of Volyn to the USSR, using the slogans of liberation of Ukrainians from the Polish oppression, led to the extermination of all centers of both Polish, and Ukrainian cultural and educational activity, because they did not fit into the Soviet interpretation of human rights and democracy as such. There is no doubt that after the end of the current unprovoked bloody war, which Ukraine will eventually win, with the direct comprehensive assistance of the same Poland and the entire civilized world, the problem of eliminating the layers of alienation between Ukrainians and Poles will be viewed from the perspective of what brings us closer rather than separate.

In someone else’s words: Judicial borrowing and the semantic authority of the African Court of Human and Peoples’ Rights

AbstractSince its first judgment on the merits in 2013, the African Court of Human and Peoples’ Rights (the African Court or ACtHPR) jurisprudence has bourgeoned. In building this jurisprudence, the African Court has borrowed significantly from the case law of the European Court of Human Rights and the Inter-American Court of Human Rights. This article empirically maps judicial borrowing in the jurisprudence of the African Court and connects this practice to the theoretical framing of the semantic authority of interpretive actors in international law. The article argues that judicial borrowing allows the African Court to borrow the semantic authority of these more established actors in the field of international human rights law. The practice has allowed the Court to boost its interpretive claims. The article posits that the Court is simultaneously internalizing external references: it transforms them into an internal part of its jurisprudence. Therefore, the African Court is transforming what was initially the semantic authority of its homologues in Strasbourg and San José, into assertions of its own semantic authority. This transformation allows the Court to assert itself as the central authority for the interpretation of human rights in Africa. These findings shed new light onto wider scholarly debates on the characteristics of African human rights jurisprudence in the field of international human rights law.

OBSERVATIONS ON SEYLA BENHABIB’S INTERPRETATIONS OF THE COSMOPOLITAN RIGHTS

OBSERVATIONS ON SEYLA BENHABIB’S INTERPRETATIONS OF THE COSMOPOLITAN RIGHTS

Hukum Islam Dan HAM: Tinjauan Hukum Poligami dan Kesetaraan Hak dalam Perkawinan

The Declaration of Human Rights (HAM) in 1948 by the General Assembly of the United Nations (UN) has become a reference for the international community and has influenced aspects of international law. However, the interpretation of human rights and their implementation within the national scope often clashes with local culture and laws. As Islamic law is codified in various Muslim countries which are also part of the United Nations. Is there a conflict between International Human Rights Law and Islamic Law then what is the solution, also how is the harmonization between Islamic Law and Human Rights regarding the permissibility of the practice of polygamy which violates the Principle of Equality is a question that must be answered thoroughly from the perspective of both. The dialogical approach finds answers that are very relevant, through the rule of "Mashlahah", Islamic law and international human rights can dialogue in order to reach a common understanding in order to realize human rights in the Muslim world. By utilizing women's legal rights, namely "ta'liq al-thalaq and tafwidh al-thalaq" or the marriage agreement in the marriage contract not to be polygamous, the practice of polygamy becomes everyone's "free choice". In the Indonesian context, it is regulated in Law no. 1 of 1974 concerning Marriage Chapter V Article 29, and Compilation of Islamic Law (KHI) Chapter VII Articles 45-52. The marriage agreement is also listed in the Counter Legal Draft Chapter V Articles 21 and 22. This is in accordance with Islamic Law and also fulfills the obligations of Muslim countries to guarantee equal rights in marriage.

National human rights institutions and the appropriation of human rights: the case of the human rights and equality institution of Turkey

ABSTRACT In 2016, Turkey established its National Human Rights Institution (NHRI), the Human Rights and Equality Institution of Turkey (HREIT), seemingly to promote and protect human rights. However, this development coincided with a simultaneous erosion of human rights and freedom in the country. We employ the framework of human rights appropriation to explain this paradox. Our analysis reveals that the HREIT, a relatively unexamined case in NHRI literature, has adopted a statist and conservative approach toward human rights. Diverging from the conventional understanding that views NHRIs as mostly benevolent actors supporting state compliance with international human rights norms, we demonstrate how they may become tools for the authoritarian appropriation of human rights. This appropriation involves prioritising state security over human rights, embracing cultural relativism, and undermining women's and LGBT+ rights. The potential of NHRIs to advance illiberal interpretations of human rights should be a concern for human rights scholars and practitioners, particularly in the current global context of the increasing political influence of right-wing movements and populist governments.

Continuity and change in human rights appropriation: The case of Turkey

Abstract This article analyzes the political and legal dynamics of continuity and change in the appropriation of human rights in Turkey against the backdrop of growing authoritarian practices. Human rights appropriation in Turkey has traditionally focused on the interpretation of human rights favoring national security and secular sensibilities to determine who has human rights and to what extent. The recent decade is a case of continuity and change. While the secularist frame has been replaced by a religious frame defining authentic human rights holders as members of the “pious” Turkish Muslim family and society, the national security frame has remained a continuous source of human rights appropriation. The article first offers an account of the dynamics of old forms of human rights appropriation in Turkey. It then analyzes the new actors, strategies, and transnational dimensions of new forms of human rights (mis)appropriation.

Christianity, Human Rights, and American Political Polarization

Over the course of the twentieth century, American conceptions of rights became more global. This development—usually described as a move from “civil rights” to “human rights”—was especially acute in American Christian communities. The role of Christianity deserves our attention because of the religion's important role in the conceptualization, popularization, and practice of human rights in the United States and, thanks to Christians’ overseas networks, to every corner of the world.1The increasingly global understanding of rights, however, did not lead to the liberalization of rights for American Christians. True, human rights talk contributed to important milestones in religious pluralism and the Civil Rights movement, and often served as a gateway to democratic liberalism for some groups resistant to the American liberal tradition. Human rights, however, were not only a liberal project. Conservatives also embraced human rights but in starkly different ways. The divergent interpretations of human rights were not merely a reflection of the growing political divide in the second half of the twentieth century. Christian activists’ adoption of human rights helped forge new alliances and exacerbated the divide between liberal and conservative Christianity, and between political liberalism and political conservatism.

Rethinking rights in social media governance: human rights, ideology and inequality

AbstractThis paper aims to question the dominance of human rights as the primary normative framework for European social media regulation, and academic research in this field. Analysing EU legislation and recent ECJ cases, it shows that issues like discriminatory content moderation, profiling, and promotion of stereotypes cannot adequately be addressed within a human rights framework. The centrality of individual rights in the EU legal regime not only fails to address collective issues, like platforms’ influence on culture and social norms, but cannot even offer effective, equal protection to individuals. In policy debates, the depoliticised and individualistic language of human rights can legitimise corporate activities and downplay important questions about the political economy of this privatised, highly-concentrated, advertiser-funded industry. The paper also considers interpretations of human rights as structural conditions or collective values, and argues that they cannot fully overcome the limitations discussed here. Given the entrenched role of fundamental rights in EU law, critics of social media cannot avoid relying on them. However, academics should also seek to develop more explicitly political critiques, based on alternative normative visions.

Tafsir Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Tentang Politik Dinasti Perspektif Fiqh Siyasah

Dynastic politics is defined as leadership that only relies on the hands of groups that still have blood ties or kinship. In the Constitutional Court Decision Number 33/PUU-XIII/2015 concerning arrangements related to dynastic politics after a judicial review was carried out by parties who have legal standing and considered the law related to the prohibition of dynastic politics to be contrary to the 1945 Constitution. Because it was considered to formulate new norms and there was a violation of constitutional rights citizens to get equal opportunities in government. The interpretation of human rights following the issuance of the Constitutional Court decision No. 33/PUU-XIII/2015 concerning dynastic politics is that every citizen has the right to be elected and elected in regional head elections, so there is no longer any prohibition for incumbents to participate. in politics. Interpretation of Human Rights in the Constitutional Court Decision No. 33/PUU-XIII/2015 regarding dynastic politics if seen and understood more deeply from the point of view of fiqh principles based on the Constitutional Court's decision, regarding human rights, especially members of the incumbent' family to nominate regional heads, looking at so many data and surveys that show the negative impact of this dynastic politics, one of which often occurs is corruption, so based on fiqh principles it provides recognition that public interests must take precedence over special interests.

Trends in German Criminal Procedure Law

German criminal procedure law is under constant reconstruction, since its promulgation in the 1870s, it was changed more than 200 times. When a law undergoes long term changes, it is especially interesting to take account of specific trends – where does normative restructuring happen and how are different spheres of reconstruction interrelated. This contribution identifies 4 distinct areas where topics either remain very stable or where criminal procedure law undergoes profound changes. One area that is rather constant is the interest in efficiency of criminal investigation, trial, and sentencing. However, within this common interest in efficiency, we see important changes in the realm of human rights guarantees. Since the German Federal Constitutional Court did substantially change its interpretation of human rights, insisting upon a core of absolute protection within each and every human right, institutional safeguards of human rights in criminal procedure had to be amended, leading to a new emphasis on the principle of proportionality. While this is a trend that is mainly concerned with serious crime, lesser offenses are subject to widespread procedural decriminalization. Such widespread decriminalization is only possible because the role of the victim was newly assessed. Newfound possibilities to actively participate in criminal procedure or to interact with criminal procedure increase acceptance for procedural outcomes apart from criminal sentencing.

Human rights in modern ideology of the Communist Party of China

Over the decade of Xi Jinping’s leadership the Chinese interpretation of human rights emphasized practical and legal aspects of the issue. At the same time, the elevation to normative status of “Xi Jinping’s ideas of a new era of socialism with Chinese characteristics” stimulated the process of theoretical systematization of the views of the party leader on the development of human rights. The notion that “happy life of the people is the greatest human right” gained key prominence. Chinese researchers underline the change of “generations” in the understanding of human rights, according to which the primary Western commitment to civil and political rights has been replaced by the priority of social and economic rights. China claims the authorship of modern comprehensive interpretation of human rights that facilitates better life for all population and all-embracing human development. Official interpretation of “China’s path of developing human rights” insists on connecting together the Marxist concept of human rights, Chinese reality, traditional Chinese culture and the achievements of human civilization. The key modern Chinese foreign policy concept of the “community of destiny of mankind” acts as a rationale for China’s human rights actions in the outside world.

Not Even with a Pandemic: The IMF, Human Rights, and Rational Choices Under Power Relations

Since the 1970s, neoliberalism has implied a deep reconfiguration of national economies and a significant increase in inequalities. The International Monetary Fund (IMF), which considers itself above human rights, has been a central institutional vehicle in this change through its credits and conditionalities that regularly translate into violations of the human rights of debtor states’ populations. Neoliberalism entertains a hegemonic notion of human rights that proposes a vision of them based on the—alleged—defense of civil and political rights—that focuses on the individuals and distrust of the state—to the detriment of economic and social rights—where the relational aspect is essential, and the state assumes positive obligations. This has led to strong criticism of the ineffectiveness of human rights in producing real change in the world. This article discusses this minimalist and defeatist interpretation of human rights, highlighting their transformative potential in the fields of finance and economics. Human rights can function as a method to achieve, in fields of high complexity and abstraction, objectives that today enjoy broad consensus: reducing poverty, inequality, and climate change. This study shows that the marginalization of human rights that characterizes the IMF parallels the excessive exercise of its power in the world. Finally, some indications are provided regarding how these tensions were exacerbated in the context of the COVID-19 pandemic.