Duty Of Man Research Articles

An Islamic Legal hermeneutics on Nafāqah during the Covid-19 Pandemic

Those who work and earn money in the public sphere are obliged to find alimony and provide a living (nafāqah). The assumption that has been believed by the Muslim society is that alimony is a man's duty (husband to wife, father to family). This assumption has been influenced by several factors such as language construction, state policies and the normative religious understanding. During the Covid-19 pandemic, this one-sided assumption has not only continued discriminatory for women and kept them away from such fair and equal economic access, but also it has tended to take Muslim families’ economy into the risks. This article aims to examine the complexities of working women position in the Islamic legal jurisprudence and provide an alternative narrative of Islamic legal hermeneutics ensuring that the livelihoods do not become the domain of men alone. Accordingly, it can be argued that the alimony might be considered to become the obligation of both men and women equally. Interviews with a number of women at the grassroots level prove that women are being able to play roles in earning a living.

Briefly Noted

On August 23, 2020, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Mitchell v. U.S., denying a certificate of appealability to the petitioner who sought a motion to vacate his conviction and sentence of death. The petitioner, Lezmond Mitchell, argued that his conviction and sentence must be vacated in light of an August 12, 2020, report by the Inter-American Commission on Human Rights that concluded that Mr. Mitchell's trial and sentence were a violation of his rights under the American Declaration on the Rights and Duties of Man. Mr. Mitchell, the only Native American on federal death row, argued that the IACHR report created rights binding on the U.S. “‘(1) because they are derived directly from the OAS Charter, a treaty within the meaning of the U.S. Constitution; and (2) because they are derived, through the OAS Charter, from the American Declaration, a statement of human rights norms the United States has not only adopted, but helped to draft.’” The Ninth Circuit concluded that Mr. Mitchell's motion to vacate “did not make ‘a substantial showing of the denial of a constitutional right’” under 28 U.S.C. § 2253(c)(2) and denied his motion. In its reasoning, the Court explained that “reasonable jurists would not find debatable the district court's conclusion that the IACHR's decision is not binding in federal court.” It agreed with the District Court's conclusion that IACHR rulings are not binding on the U.S. because the OAS Charter is “not self-executing” and there is no U.S. statute which implements it. Moreover, the District Court correctly determined that because the American Declaration is not a treaty, it creates no binding legal obligations, nor does the “IACHR's governing statute, the Statute of Inter-American Commission on Human Rights . . . give the IACHR power to make binding rulings with respect to nations, like the United States, that have not ratified the American Convention.” The Ninth Circuit thus joins the other federal courts of appeals that have addressed this issue by concluding that neither the American Declaration, nor the IACHR's recommendations related thereto, is a source of binding obligations for the United States under international law. Cf. Cardenas v. Stephens, 820 F.3d 197, 203 (5th Cir. 2016); Tamayo v. Stephens, 740 F.3d 991, 997–98 (5th Cir. 2014); Flores-Nova v. Attorney Gen. of U.S., 652 F.3d 488, 493 (3d Cir. 2011); Igartua v. United States, 626 F.3d 592, 603 n. 11 (1st Cir. 2010); In re Hicks, 375 F.3d 1237, 1241 n. 2 (11th Cir. 2004); Garza v. Lappin, 253 F.3d 918, 925 (7th Cir. 2001); Roach v. Aiken, 781 F.2d 379, 381 (4th Cir. 1986).

Susu Fermentasi Anti Hipertensi ( SUFERANTIH)

Bekerja adalah kewajiban seorang pria ketika sudah menjadi kepala rumah tangga. Jam kerja yang panjang menyebabkan kondisi badan kelelahan baik secara fisik maupun psikis. Secara nyata akan berpengaruh pada pola hidup yang berdampak pada kualitas kesehatan. Hipertensi merupakan salah satu penyakit yang dipicu akibat kelelahan fisik dan psikis. Obat yang sering digunakan sebagai terapi farmakologi hipertensi adalah kaptopril yang berfungsi sebagai Angiotensin Converting Enzym Inhibitor (ACE I). Disisi lain kaptopril memiliki efek ketoksikan yang tinggi diantaranya gangguan ginjal dan muncul reaksi hipersensitivitas. Sehingga diperlukan inovasi terapi antihipertensi yang fungsi kerjanya sama dengan kaptopril namun tidak memiliki efek samping ketoksikan. Susu fermentasi memiliki senyawa yang yang berpotensi sebagai ACE Inhibitor yang berperan mencegah terbentuknya angiotensin II penghasil aldosteron yang menyebabkan naiknya tekanan darah. Susu fermentasi menjadi sediaan ringan yang dapat dikonsumsi tanpa mengenal batasan usia. Konsumsi susu fermentasi dapat dikombinasikan dengan berbagai menu makanan maupun minuman sehat lainnya. Dalam proses fermentasi bakteri asam laktat akan mengubah kasein beta menjadi senyawa yang berpotensi sebagi ACE I. Namun, menambetapa besar potensi susu fermentasi sebagai antihipertensi, miskonsepsi masyarakat tentang susu perlu diluruskan terlebih dahulu. Oleh karena itu, “SUFERANTIH” dapat menjadi alternatif terapi non farmakologi untuk hipertensi yang memberikan efek kuratif sekaligus preventif

RIGHTS, FREEDOMS AND DUTIES OF A MAN AND A CITIZEN AS THE CONTENT OF CONSTITUTIONAL AND LEGAL STATUS

The article is devoted to the consideration of human and civil rights, freedoms and responsibilities as the content of its constitutional and legal status. First, the author briefly analyzes the concept of constitutional and legal status of the person, outlining some problems of its understanding. The categories of constitutional rights, freedoms and duties of man and citizen are further studied, as well as their relationship between them. It is noted that the most common criterion for the separation of constitutional rights and freedoms of man and citizen is the sphere of society. In this regard, the constitutionally enshrined rights and freedoms of man and citizen are divided into civil (personal), political, economic, social, cultural.
 The importance of the transition from the declarative fixation of the rights, freedoms and responsibilities of a person in the Constitution of Ukraine to their implementation is noted. It is determined that human rights and freedoms as elements of the constitutional and legal status have common bases of consolidation, guarantee, protection and defense, but differ in implementation (rights require certain mechanisms or means, and freedoms do not need). At the same time, human freedom is a fundamental category in relation to human rights. In turn, the duty of man and citizen is a measure of the necessary behavior of the person, the minimum requirements imposed by the state on the person. Due to its nature, a person's duty is more positive and therefore requires clear regulation in law. The importance of duty as an element of the constitutional and legal status of a person and a citizen lies in the implementation of its preventive function, due to which the interests of the individual, society and the state should not be harmed.

Hume's Enquiry concerning the Principles of Morals and The Whole Duty of Man

I examine, in this paper, the contents of one of the most famous religious texts of the early modern period, The Whole Duty of Man, and I show that Hume's Enquiry Concerning the Principles of Man is an attempt to reappropriate and replace the Anglican devotional with his own moral philosophy. Hume would reject the devotional's general methodology, its claims about the foundation of morality, and its list of duties. However, a careful reading of The Whole Duty of Man reveals that Hume shares its author's evaluation of pride and humility, and its insistence on utility and pleasure. Hume, I argue, would not think of this book as mortifying or monkish. Given the popularity of The Whole Duty of Man and Hume's desire to push religion back into the closet together with his passion for literary fame, we have good reasons to conclude that Hume was more envious than critical, and that the EPM was his own remastered version of what could be called ‘The Whole Merit of Man’.

La responsabilidad del estado juez por prisión preventiva errónea: un caso real de aplicación de los instrumentos internacionales de protección de los Derechos Humanos

Este ensayo se basa en un caso real en el que participo como letrada patrocinante del actor y constituye un ejemplo de cómo el Dere­cho y nuestras prácticas profesionales son herramientas poderosas para buscar la justicia en el caso concreto y mejorar la calidad de vida de la persona que nos confía la defensa de sus derechos, especialmente cuando se trata de una persona en situación de vulnerabilidad. En este juicio se hizo lugar a la demanda promovida contra el Estado Nacional- Poder Judicial de la Nación, admitiéndose la responsabilidad del Estado por error judicial por los daños y perjuicios provocados al ac-tor por el dictado de una prisión preventiva errónea, condenando al Estado Nacional al pago de una reparación integral, aplicándose el plexo convencional incorporado al art. 75, inc. 22, de la Constitución Nacional (conf. arts. 1 de la Declaración Americana de los Derechos y Deberes del Hombre; 3° de la Declaración Universal de Derechos Humanos; 4°, 5° y 21 del Pacto de San José de Costa Rica y 6° del Pacto Internacional de Derechos Civiles y Políticos).

O caso do povo indígena xucuru perante a Comissão Interamericana de Direitos Humanos

O presente artigo trata do caso do Povo Indígena Xucuru, que foi inicialmente submetido à Comissão Interamericana de Direitos Humanos (CIDH), antes da condenação do Brasil pela Corte Interamericana de Direitos Humanos. O principal objetivo do trabalho é analisar as consequências da situação fática apurada pelo Relatório de Mérito nº 44/15 da CIDH, que concluiu pela violação, por parte do Brasil, de diversos dispositivos da Convenção Americana sobre Direitos Humanos e da Declaração Americana dos Direitos e Deveres do Homem. Em razão das violações, foram expedidas recomendações ao Estado brasileiro que, uma vez não cumpridas, ensejaram a submissão do caso à Corte Interamericana de Direitos Humanos, com a consequente ulterior condenação do Brasil. Concluise que o Brasil não somente poderia como deveria ter cumprido as recomendações da CIDH, não somente pela boa-fé que deve reger as relações internacionais, mas também porque a previsível posterior condenação pela Corte IDH foi ainda mais prejudicial à imagem do Brasil.

The Duty to Care for the State of the Environment in Polish Constitutional Regulations

According to the Polish constitutional tradition, regulations concerning the duties of man and citizen can be found in chapter II of the Constitution of the Republic of Poland devoted to the rights and freedoms of the Polish Constitution, specifically in Articles 82-86 inclusive. The Constitution devotes relatively little space to its duties, and the catalog indicated therein is not extensive. The purpose of articulating obligations in the Constitution of the Republic of Poland is primarily to emphasize the most important ones from the point of view of the state, society and individual. In each country, some constitutional obligations are addressed only to citizens, while others are imposed on all who are subject to the authority of a given country. The Constitution of the Republic of Poland also does so. Indicated in art. 86 the obligation to care for the state of the environment and responsibility for its deterioration is in the group of universal obligations in terms of subject, which are imposed on every person who is within the jurisdiction of the Republic of Poland. This study is an analysis of the concept of environment, care for the state of the environment and the provisions of the constitution on this subject.

Appraising the Frontiers and Limits of the Inter-American Human Rights System and Its Relevance to International Human Rights Law

The Inter-American human rights system is one of the major regional human rights systems globally. In spite of the availability of human rights instruments in the region, some of which are legally binding, the spate of human rights abuse still leaves a sad commentary. The objective of this paper therefore is to take a critical survey of the human rights instruments in the region with a view to assessing their strengths and constraints. The method of research is basically doctrinal and utilizes the major human rights instruments in the region such as the Charter of the Organization of American States (OAS), the American Declaration of the Rights and Duties of man, and the American Convention on Human Rights in its evaluation. It is the finding of the paper that the Inter-American system indeed has a number of positive features such as the emphasis placed on democratic governance and third party interventions in the adjudicatory process among others. The paper has also identified a number of weaknesses in the system including that the Inter-American Commission lacks the power to refer a case to the Inter-American Court where the State concerned has not ratified the American Convention on Human Rights; and further, the Commission’s recommendations are not legally binding. Therefore, the paper recommended among other things that the Commission be able to transmit a case directly to the Court whether or not the party concerned has ratified the American Convention.

The Impact of Artificial Intelligence on Innovation

Artificial intelligence has the potential to greatly increase the efficiency of the current life in which we live. However, it may result in more impacts through its application as the modern mode in invention and bring a new perspective of the existing innovation processes in the organization of R & D. Application of machines' intelligence such as robots from the recent development is a vivid example of invention brought about by the innovation filtered via artificial intelligence. Innovative ways through invention have a sense of replacement in man's duties in the world's varied economic sectors. Large datasets and algorithms will be used in research industries, and the latter will result in potential racing, monitored incentives by large companies, and particular algorithms. However, transparency and transfer of information between public and private will be the engine source to stimulate healthy inventions and innovation programs shortly. Rapid advancement in the artificial intelligence arena has significant sound impacts on society as far as the economy is concerned. Production and characteristics of many products and services have a high potentiality to be directly influenced by these innovations, and important productivity, competition, and employment implications. Even though these innovations will positively influence the largest proportion of human lives, artificial intelligence (A.I.) can potentially change its innovation processes, accompanied by approximately thoughtful consequences, and may gradually dominate the direct consequence.

Institutional change and the Inter-American Human Rights System

ABSTRACTThis article introduces the special issue of the International Journal of Human Rights on institutional change in the Inter-American Human Rights System (IAHRS). In doing so, it identifies the main concepts and ideas central to understanding the institutional change the IAHRS has experienced over the past six decades. Since the adoption of the American Declaration of the Rights and Duties of Man by the Organization of American States (OAS) in 1948, the IAHRS has undergone a series of institutional changes and transformations that have affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the System within the broader landscape of the Americas. This special issue explores these changes from a variety of angles, including the process of change in historical context, normative and legal changes in the Inter-American Court’s jurisprudence, and the changing relationship between the IAHRS and other regional and international human rights institutions. This special issue features contributions and insights from the disciplines of history, law, and political science, among others.

Human duties and the limits of human rights discourse

Human duties and the limits of human rights discourse, by Eric R. Boot, highlights that human duties may have been overlooked in favour of human rights. Boot tries to correct this imbalance and advocates for a broadened understanding of morality in the contemporary global era. The book argues that many of the current problems in international human rights law and politics—like the proliferation of questionable rights and the growth of indifference and political apathy—are rooted in the imbalance between rights and duties. A duties-based approach provides a way to remedy extreme individualism and the reduction of rights to interests. Contrary to what some might think, the international legal arena is not void of duties. Provisions on human duties exist in international law, spearheaded by the American Declaration of Human Rights and Duties of Man and the Universal Declaration of Human Rights, both from 1948. In combination with other, more specific, declarations of human duties from the last two decades, these normative instruments stress the importance of individual duties for achieving a just global order. Despite acknowledging several duties—to obey the law, to work, to pay taxes, to engage in civic participation and to perform a duty willingly—the non-binding status and the lack of specification on the content of duties has led to the misperception that individual duties are less important and merely optional.

The American Declaration of the Rights and Duties of Man: Using a Human Rights Framework to Deconstruct Systemic Police Misconduct Against Low-Income Women of Color

The American Declaration of the Rights and Duties of Man: Using a Human Rights Framework to Deconstruct Systemic Police Misconduct Against Low-Income Women of Color

The Concept of A Religious Humanis Values Education

the study in this paper discusses the concept of a religious Humanist Values Education. Islam never experienced a heyday into the study of various disciplines, this is evident by the presence of muslim scientists. But with the passage of time that Islamic intelektualisme begin to Dim along with the understanding and the culture of taqlid. Whereas the Qur'an gave instructions in order to examine all the scientific disciplines, it can be seen from the verses of the Qur'an which was ordered to examine the nature and seisinya. Religious Humanist Values education which leads to the study of the komprehenshif of good science is both religious and General Education Development Concept is as Islam that humanizing of man in accordance with the duties of man as abdullah and the Caliph in the face of the Earth.

The human right to science: An old right with a great future

When we talk about the human right to science, many may think that we are speaking about a new right, recently created to face the challenges that science and technology generate in our society of the 21st century. However, the right to science is already enshrined in the Universal Declaration of Human Rights (1948) and in the International Covenant on Economic, Social and Cultural Rights (1966). We can find it even earlier in the inter-American regional system, particularly, in the Charter of the Organization of American States (1948) and in the American Declaration of the Rights and Duties of Man (1948). Few know that, in fact, the Latin American countries in general and Chile in particular played a crucial role in the universal recognition of this right. The first part of the article explains the history of the right to science and its international legal recognition. In a second chapter, we will study its current institutional situation within the United Nations and, finally, in the third chapter, we will analyze the characteristics of this right, its normative content, elements and type of obligations that it creates.

Pufendorf’s Theory of Moral Duties in Natural Law Ethics - An Interpretative Study of Pufendorf’s On the Duty of Man and Citizen According to Natural Law -

Pufendorf’s Theory of Moral Duties in Natural Law Ethics - An Interpretative Study of Pufendorf’s On the Duty of Man and Citizen According to Natural Law -

Права и обязанности человека: проблемы управления сообществами в субъект(ив)ной и интерсубъективной моделях

Права и обязанности человека: проблемы управления сообществами в субъект(ив)ной и интерсубъективной моделях

Women's Rights in Recent Inter-American Human Rights Jurisprudence

While certain aspects of women's rights had been addressed in earlier OAS instruments and more generally in the American Declaration on the Rights and Duties of Man and in the American Convention on Human Rights, many consider that the issue of women's rights was first incorporated in the normative corpus of the Inter-American Human Rights System (IAHRS) with the 1994 adoption of the Belém do Pará Convention on the Prevention, Punishment, and Eradication of Violence Against Women. This treaty obliges states to prevent, punish, and eradicate violence against women, taking special account of vulnerabilities due to race, ethnic background, migrant status, age, pregnancy, socioeconomic situation, etc. It defines the concept of violence against women and forces states to ensure that women live free of violence in the public and private sphere. It also grants the Commission and the Court the ability to process individual complaints regarding alleged violations of the treaty. Since 1994, the Commission has also established a Rapporteurship on the rights of women, which assists the IACHR in its thematic or country reports and visits, as well as in the processing of women's rights–related petitions. In recent years, the jurisprudence of the Commission and the Court has addressed several fundamental issues related to women's rights, in particular regarding violence against women, women's right to equality, and reproductive health.

Gaskell’s Characters Challenging Gender Norms

AbstractThis paper evaluates women characters of Elizabeth Gaskell0’s social novels set in England’s industrial era. While in some ways a traditional woman of her age, Gaskell assumes responsibility and nurture as a duty of men as well as women, and shows her powerful women escaping gender norms, making her worthy of more notice as a social critic than she often gains.

The Great Sioux Nation V. The 'Black Snake': Native American Rights and the Keystone Xl Pipeline

The Keystone XL Pipeline has been shrouded in controversy almost since its conception. As a structure intending to cross the Canadian border into the United States, the pipeline must receive presidential approval before construction can commence. Since 2008, TransCanada has attempted to obtain this approval unsuccessfully. Criticism against the pipeline has focused largely on the negative environmental impacts that will likely accompany its construction and utilization, and it is precisely these environmental concerns that have ultimately stymied presidential approval and made international headlines. In November 2015, the U.S. government denied TransCanada’s application, effectively killing the Keystone XL project. While the Keystone XL project no longer poses a physical threat to the environment, an overview of the U.S. government’s consideration of the project reveals drastic flaws in process, specifically in regards to the human rights of a substantial portion of individuals who would be negatively affected by the Keystone XL Pipeline — the Sioux Nation.The pipeline is set to run through a substantial portion of the Black Hills of South Dakota — the sovereign and treaty lands of the Great Sioux Nation. This “black snake” threatens not only the environment of the Sioux lands, but also sites sacred to the tribes. The Sioux Nation has risen up in defense of their lands, and their right to free, prior and informed consent (FPIC) before the state can undertake projects on their indigenous lands. While the U.S. government maintains it has complied with domestic standards regarding Indian consultation and with its perverse interpretation of the right to FPIC protected under the U.N. Declaration of the Rights of Indigenous Peoples, its actions have fallen drastically short of those expected by the United Nations and required by the inter-American system. This paper argues that under the American Declaration on the Rights and Duties of Man, the United States is obligated to obtain the fully informed consent of the Sioux Nation before approving the Keystone XL pipeline.