Natural Rights Research Articles

‘A salvage exercise for Aboriginal rights’: human rights and social justice in Indigenous political responses to the Mabo (No.2) decision

ABSTRACT The Mabo (No.2) decision in 1992 has been described as a historical turning point for the nation. In popular memory, it is associated with Eddie Mabo, then Prime Minister Paul Keating, and Indigenous activist and public intellectual Noel Pearson, who played an important role in seeing Mabo (No.2) embodied in Native Title law. Inasmuch as it is understood within the long history of Indigenous demands for rights, it is generally seen as pivotal in the turn to Indigenous rights. Mabo (No.2) put Indigenous sovereignty on the table like never before and emphasised its connection to self-determination and land rights in the Indigenous political agenda for rights. In this paper, I aim to expand understanding of this moment by demonstrating the ways in which human rights were deployed by Indigenous political actors, particularly those associated with the Aboriginal and Torres Strait Islander Commission, both during their discussions with the government as to the implications of the decision for Indigenous people on the Australian mainland and more generally in relation to Australia’s international human rights obligations.

Institute of Euthanasia: Between a Person’s Right to Life and the Right to a Dignified Death: Problems and Challenges in the Implementation of Human Rights of Choice in Lithuania

Abstract The title of the scientific article is the problem of euthanasia as a possibility for the implementation of natural human rights in Lithuania and foreign countries. The purpose of this paper is to analyze the relationship between the individual’s right to life and the prohibition of torture in the implementation of euthanasia as one of the natural human rights in Lithuania and foreign countries. This work has theological and comparative methods. The theological method, which leads to the first part of the work, analyzing international and national legal acts regulating natural human rights. The comparative method compares the legal regulations and social differences between countries that have legalized and those that have not legalized euthanasia. The main conclusion of the article - the legalization of euthanasia is one of the possibilities to implement the prohibition of torture in the context of natural human rights. The practical significance of this scientific article is particularly important for states that have not legalized euthanasia, because the main conclusion of this article is proving the obligation of states to legalize euthanasia in order to provide suitable conditions for the realization of natural human rights. The originality of this scientific article is based on the fact that the compatibility of euthanasia in the context of human rights and freedoms and the equating of the illegalization of euthanasia to torture at the national and international level have not been analyzed in any scientific articles. The value of the article is proven by the fact that the authors used only the latest scientific editions of national and international legal acts and the latest and most comprehensive literature.

Essential Workers of the Palais-Royal: Prostitution and the Public Good in French Revolutionary Drama

Abstract: From 1789 to 1792, the issue of prostitution was absent from parliamentary debates, policy agendas, and journalism in France. This article looks to theater and pamphlet literature instead for examples that break the silence around prostitution, with special emphasis on the play, Le Serment civique des demoiselles fonctionnaires publiques du Palais-Royal (1791), in which prostitutes debate their status and duty in relation to a new Revolutionary decree on public workers. Using print and performance to intervene in public discourse and promote their interests, prostitutes of the Palais-Royal are shown as crafting a notion of citizenship based not on a discourse of natural rights, as prominent feminist activists of the period did, but rather based on their contribution to the public good as essential workers for the nation.

"When a Father Speaks, the Child Cannot Answer Back": Patriarchal Anxiety, Gender Equality, and Malian State Authority

Abstract: In long intertwined constructions of political and household authority, the figure of the domestic patriarch has served as an analogy for the centralized postcolonial state of Mali, even as it clashes with discourses of natural rights stemming from the European Enlightenment. In early twentyfirst-century Mali, anxieties ran rampant among senior men who feared losing their status and privileges. These anxieties came to a head during efforts by the Malian government and civil-society groups to eliminate gender discrimination from Malian family law in the early 2000s. A broad coalition of patriarchal interests emerged to defend senior males' prerogatives against the perceived threats posed by gender equality. This backlash challenged the legitimacy of Mali's governing elite and exposed its weaknesses in the run-up to Mali's 2012 political collapse.

"When a Father Speaks, the Child Cannot Answer Back": Patriarchal Anxiety, Gender Equality, and Malian State Authority

Abstract: In long intertwined constructions of political and household authority, the figure of the domestic patriarch has served as an analogy for the centralized postcolonial state of Mali, even as it clashes with discourses of natural rights stemming from the European Enlightenment. In early twentyfirst-century Mali, anxieties ran rampant among senior men who feared losing their status and privileges. These anxieties came to a head during efforts by the Malian government and civil-society groups to eliminate gender discrimination from Malian family law in the early 2000s. A broad coalition of patriarchal interests emerged to defend senior males' prerogatives against the perceived threats posed by gender equality. This backlash challenged the legitimacy of Mali's governing elite and exposed its weaknesses in the run-up to Mali's 2012 political collapse.

Social inequality in the context of natural justice

The problem of social equality and social inequality is investigated in the light of the concept of justice, the concept of just inequality and unfair equality. The author substantiates the interrelation of justice and equality as concepts and phenomena that are presented in an indissoluble unity and are actually a two-pronged problem. Justice is interpreted by the author as a measure of social equality and social inequality. The author explores the problem of social inequality from the point of view of a materialistic understanding of history, the principle of development and an axiological approach. The concept of natural justice is investigated as the basis of justice established by people, that is, social justice. The legitimacy of the conditional use of the concept of natural justice as a natural right of an individual to use his natural gifts, which under certain conditions of social life activity can be decisive in human life, can give him fair advantages over other members of the society. The natural personal potential of an individual can cause significant differences in the intellectual and spiritual abilities of people, which, in the presence of diligence, determination and appropriate social norms, necessarily generate social inequality in society. Fair inequality does not contradict natural justice. Natural justice is contradicted by unfair inequality. A person by nature has the right to life, freedom and property in compliance with the mandatory norms established in this society. Justice established by people should not contradict natural justice. The validity of the use of the concept of legitimate elite as the most outstanding personalities in various respects, having high achievements and services to society in various spheres of human activity, is substantiated.

The paradigm of the right to defense in ancient thought and its significance for legal realities

The article is devoted to the analysis of ancient opinion regarding the human right to protection. The importance of understanding the right to protection in the legal and philosophical thought of antiquity and its influence on the development of human rights in the modern world are highlighted. Attention is drawn to the fact that the concept of the right to protection is not a new phenomenon, that it existed in ancient times, as evidenced by the opinions of ancient thinkers, who in their works reflected on various aspects of law, including the right to protection, in particular through the understanding of such categories as justice, equality before the law, as well as the role of the state in ensuring these rights. The views of Socrates, Plato, Aristotle, and Cicero, who initiated a theoretical approach to the problems of the state, law, and other state-legal phenomena, are considered. It is noted that all these thinkers considered the right to protection one of the most important human rights, which should be guaranteed by the state. The article analyzes some works of these philosophers. It was noted that each of them put their own context into the right to protection, and expressed views on the topic of justice and equality before the law, which can be considered as primitive forms of understanding this right. It is noted that ancient Greek and ancient Roman thinkers in their reasoning about human rights evolved in their understanding of the nature of these rights. Ancient Greek philosophers considered the right to defense as an important component of justice and political order, establishing a connection between law and moral values, while on the other hand, ancient Roman philosophers considered the right to defense as a natural right that belongs to every person from birth, regardless of laws or political system. It is emphasized that the defense of the right to protection plays an important role in history, as it provides the possibility of protecting human rights from any excessive actions by the state or other subjects, and is also an important task of society, including science, since in in the modern world, the right to protection is recognized by all democratic countries and enshrined in constitutions, international conventions and declarations, which indicates that the right to protection is an important element of the legal system that ensures the protection of human rights and freedoms and guarantees democratic principles of governance. It was concluded that the ideas of ancient thinkers regarding the right to protection had a significant impact on the further development of human rights in history and on European justice and legislation, became the basis for the further development of legal systems and influenced the formation of the modern idea of the right to protection, as well as for the development legal culture and legal awareness of society. Key words: human rights, right to protection, protection of human rights, human freedom, law, justice, equality, natural law, Socrates, Plato, Aristotle, Cicero

Integral repair in the case of sexual crimes

Within the crimes against sexual integrity in Ecuador, comprehensive reparation is an essential right that judges must have when issuing a conviction. However, it does not adequately apply the parameters for setting the most suitable measures of comprehensive reparation for the victims of these crimes. Therefore, they must initiate a new process to demand a right of a constitutional nature. The present investigation analyzes the figure of integral reparation within the crimes against sexual integrity in Ecuador, for which, it uses a qualitative methodology, with a bibliographic-documentary modality, that is, it is based on secondary sources of investigation. Through the exegetical method, a study of the legal norms in force in Ecuadorian legislation is carried out. Through the technique of observation and study of cases, different judicial processes for this type of crime are analyzed, where comprehensive reparation is provided for the victims. The results within the investigation show that, in effect, since comprehensive reparation is a fundamental right, victims should not carry out additional judicial procedures so that their right can be fulfilled and guaranteed.

A Comparative Study on the Constitutionalization of Abortion in Korea, On The Busy Intersection of Morality and Law

This study presents a comparative overview of certain parallel aspects in the legal history of the abortion debate as it transpired historically in the key judicial opinions in the United States and Germany, and recently in the Korean Republic. The object is to elucidate the extreme difficulty that the learned Justices of the Courts in the United States and Germany faced in attempting to objectively measure the moral values involved in the determination of maternal and fetal rights, and their inability to provide rational explanations for the initial prioritization or ultimate balancing of the rights. As a result, the Courts failed to direct and stabilize abortion regulation because their frameworks were neither proven to be equitable nor legally workable. The primary method of this study is to highlight the questionable nature of the legal frameworks of the original abortion opinions of the U.S. Supreme Court and the German Constitutional Court to demonstrate that they were guided more by the personal moral convictions of the Justices than by the dictates of the law. The goal is to offer a comparative context that begins to explore the question, whether the Korean Constitutional Court has indeed found a way to resolve the abortion debate once and for all, or alternatively, whether all protagonists in Korea ought to shift course to help avoid weakening the authority of the rule of law and its legitimacy in the public eye, by delaying any further attempt in the resolution of this controversial issue until a national debate on the dialectic results in a consensus in the public, scholarly, and ultimately legislative discourse that properly values and balances the mother’s right of self-determination with the natural right of the fetus to life.

Prawne aspekty wykorzystania dalekowschodnich sztuk walki w sytuacji przekroczenia granic obrony koniecznej w polskim prawie karnym

The author attempts to analyze the statutory countertype of absolute self-defence from Article 25 of the Polish Penal Code, the Act of June 6, 1997, taking into account the legal aspects of the use of martial arts skills when exceeding the borders of self-defence. He draws attention to the formation of positive values through exercises in which a trained student, using principles derived from the tradition of Far Eastern martial arts, does not seek confrontation with an unlawful, direct, and real attack, but tries to alleviate the situation before using his/her self-defence techniques. He points out that reacting in self-defence, for example, using one’s training, is not an obligation of the attacked person; it is his/her right, which is a natural right and one of the subjective human rights. This is illustrated by the legal Latin maxim that clearly states: “It is lawful to repel force with force.” This presents martial-arts practitioners as people who, through their skills, are obliged to protect life or health in the face of a threat to their own and to that of their loved ones, as well as to that of all people they can help using such a means of self-defence.

Absolutization of human rights as a threat to the statehood and the welfare of society. Part ІІІ. Human rights in the international and national acts, and the main rationalistic aspects of their realization

The article is devoted to the investigation of the essence and peculiarities of the exposition of the human rights in the international and national acts, and also to the main rationalistic aspects of their realization.The authors say that the modern international system of human rights protection is inefficient. It was emphasized that the responsibility of the state for the violation of human rights before the international organs undermines the authority of the state as the most important guarantor of human rights.The authors pay attention to that fact that the very concept «the violation of human rights» is explicitly politicized and does not take into account the criminality (which constitutes the main domestic threat to a person), and, thus, does not reflects the real situation of the protection of human interests in the state. The real aims of the creation of the concept of human rights were found. It was emphasized that «the protection of human rights and democracy» sometimes acts as a pretext and «justification» of violent overthrow of power, foreign aggression and mass termination of people.The authors say that, in fact, the human rights (and especially the «positive» one) cannot exist without the state. It was found that the absolutization of the natural human rights and underestimation of the role of the state, in fact, returns people to the state of natural savagery and medieval barbarism. The authors emphasize on the collision between the constitutional rules about the recognition of a human as «the main social value» and about the duty of the citizens to defend the Motherland. Also, the authors say that the right of a people to self-determination, as well as the recognition of the nations, who fight for the independence, as the subjects of the international law, in fact, means that the international law justifies the war and the mass termination of people.It was emphasized that, in reality, there are no absolute human rights, so it is senseless to absolutize them. The authors say that the absolutization of the human rights is harmful, especially in the case of the absolutization of the political human rights in general, and such rights as the «natural right of the rebellion» and the «popular sovereignty» in particular. Also, the authors say that the ideas of the popular sovereignty contradict the reality and the historical regularities of the appearance and functioning of the state and law. It was emphasized that human rights are not and should not be an end in themselves, for the sake of which the state power should be weakened, because, in fact, exactly the strong and effective state is the main guarantor of peace, order, security, well-being, civilization and the real provision of the most important human rights (taking into account an adequate understanding their essence, scope and content). The main aspects of the proper provision of the realization by the state of the civil, political, economic, social and cultural rights of a human and of a citizen were determined, etc.

Hydropower policy in Ecuador: an analysis from environmental perspective and recommendations for future policymaking

ABSTRACT Renewable energies are vital to tackle climate change and reduce environmental issues. In this sense, hydropower plays a key role. Broadly speaking, hydropower is perceived as a climate ally and considered environmentally sustainable. However, its development is still controversial due to the well-known environmental and ecological impacts that put its environmental sustainability in question. In this sense, this study aims to analyse and discuss hydropower development and policy in Ecuador from an environmental perspective. The analysis addresses the research question of to what extent the business-as-usual hydropower policy is compatible and consistent with national environmental sustainability and Buen Vivir (Good Living) goals. For such purpose, the analysis is conducted by applying a proposed conceptual framework composed of critical elements such as Buen Vivir principles, rights of nature and the evidence on the environmental sustainability of hydropower. The analysis highlights the main environmental drawbacks of the BAU-HP policy and finds that the current development and policy of hydropower is ultimately detrimental to achieving national environmental sustainability and Buen Vivir. Moreover, it easily infringes the Rights of Nature and conflicts with the conservation of ecosystems and biodiversity. Following the findings, several environmental sustainability-oriented recommendations are suggested for future hydropower policymaking.

Implementation of the Fulfillment of the Rights of Female Prisoners in Class II b Sukabumi Correctional Institution

Background. Human rights are rights that must be fulfilled and realized by everyone without exception, including prisoners in correctional institutions who are serving a sentence. Prisoners in correctional institutions are part of society in general, as humans they have rights that must be upheld by the law and government. Purpose. Female prisoners are different from men in terms of physical, psychological and psychological. Female prisoners also have natural rights that must be lived such as menstruation, pregnancy, childbirth and breastfeeding. So that female prisoners must receive special treatment. Method. This type of research is a type of field research (field research) using an empirical juridical approach, namely a research that deductively starts from analyzing the articles in the applicable laws and regulations linked to the facts in the field. The nature of this research is descriptive analytical about the fulfillment of the rights of female prisoners in the Class IIB Correctional Institution Sukabumi. Results. The results of this study indicate that the implementation of services to fulfill the rights of female prisoners has not been carried out properly due to various obstacles such as the quality and quantity of correctional officers who have not been fulfilled proportionally Conclusion. as well as facilities and infrastructure that are still not good and limited so that the fulfillment of the rights of prisoners cannot be done optimally.

Revisiting groundwater law through the lenses of earth system law and rights of nature

AbstractCurrent groundwater challenges have made evident that national and international groundwater law needs a thorough revision. In this article, we explore earth system law (ESL) and rights of nature (RoN) as possible approaches to rethink groundwater law. Taking inspiration from ESL scholarship, RoN literature, Indigenous worldviews, and socio‐ecological movements, we analyze law as a critical element of the human‐political‐social system, which creates regulatory institutions with the aim to provide a social order for humanity, an order that is being affected by deteriorating earth systems, including groundwater. Recognizing RoN and thinking law through the lenses of ESL involve a new understanding of what groundwater law could be and what the subject of the law could be. So far, little attention has been given to how these approaches can be used to redesign groundwater law, and what implications this could have on groundwater governance and sustainability. Therefore, this article explores the possibility of reforming groundwater law through the lenses of ESL and RoN. It investigates which legal mechanisms are being used to recognize RoN, and what their legal and practical implications have been so far. This article aims to contribute not only to advancing the academic debate on RoN and ESL but also to share light on different ways to reform groundwater law, which includes a new understanding of sustainability and socio‐nature relations.This article is categorized under: Human Water > Rights to Water Human Water > Water Governance Science of Water > Water and Environmental Change

The Ontological Indifference of Rights of Nature

The Ontological Indifference of Rights of Nature

The Systematic Unity of the Theoretical and Axiotic in Salomon Maimon’s Late Philosophy

By a close reading of Salomon Maimon’s 1794 Essay on a New Logic or Theory of Thinking, this article shows, first, how Maimon radically criticized his previous metaphysical systems while painstakingly reestablishing Kantian transcendental philosophy on a theory of reflexive cognition. Second, it shows how he employed this theory to ground innovative accounts of both formal and transcendental logic, including a reformulation of Kant’s schematism. Third, it shows how he employed it to ground his axiotic philosophy. Specifically, he argued that his reflexive theory of cognition constituted the necessary condition for the theories of Kantian morality, natural rights, works of art, and finally for a metaphysics according to which God creates the world ex nihilo. Maimon’s achievement is impressive and unique. It is a theory of the systematic unity of theoretical and axiotic philosophy that rivals other Enlightenment systems and, if anything, anticipates later works of Hans Wagner and Werner Flach.

The Crowd, the People, and the Philosopher in Spinoza's Political Philosophy

Abstract The article analyzes the relationship in Spinoza's thought between the figures of the philosopher, the people, and the crowd. This distinction is anchored in his theory of knowledge, of the passions, and of natural right and plays a fundamental role in his conception of political philosophy. Spinoza establishes a direct connection between these three figures and the forms of political regimes: while in democracy human beings who are completely rational (the philosophers) can fully deploy their theoretical passions and the people can develop their desire for freedom, in theocracy and tyranny the crowd's superstition dominates. These aspects of Spinoza's thought allow us to interpret the relationships between the contemplative and the active life, and to rethink the relationship between the philosopher and the city, in the early modern age as well as in our contemporary one.

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

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

Rights-Based Approaches to Environmental Protection and Pandemic Prevention

This article reflects on the proposed pandemic treaty negotiations, the content of the recently published Zero Draft and its prospects for success in preventing future pandemics from emerging at all. It argues that, as presently conceived, the proposed instrument does little to address environmental damage as the primary driver of zoonotic spillover, nor does it make sufficient provision for the implementation and enforcement of legal obligations. In particular, the piece suggests that human rights and rights of nature can and should feature more prominently in efforts to fully realize the One Health agenda and strengthen environmental governance with a view to mitigating the risk of future pandemics. Experience from rights-based approaches in other contexts suggests that they offer a promising conduit for achieving genuine policy reform and accountability regarding environmental degradation. Indeed, human rights and rights of nature can play an important role in mitigating ecological destruction, biodiversity loss and, in turn, preventing disease transmission from the natural world.

Defining "Effective Control" for Northern Métis Communities

The “effective control” doctrine arose within the Powley decision two decades ago as an adaptation of the Aboriginal rights test from Van der Peet. Though the doctrine is a required component to asserting Métis rights, there is limited understanding of how and when “effective control” occurs. The Courts have yet to clearly define the doctrine, leading to varying applications within jurisprudence. In the absence of clear definitions, this article proposes three components to the doctrine: surveillance; regulation of Aboriginal uses of land and resources; and regulation of other aspects of Aboriginal lives. These components are applied to northern Alberta to understand what events and government actions are relevant in precipitating “effective control.” The conclusion drawn is that “effective control” potentially occurred much later than previously contemplated by legal decisionsand government pronouncements.