Natural Rights Research Articles

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.

Lady Shallot and Her Nature in the Men's Fence; An Interdisciplinary Approach to Tennyson’s Poetry and Waterhouse Paintings

Alfred Lord Tennyson’s “The Lady of Shallot” is the portrayal of a woman’s active confrontation with the patriarchal society. By the woman’s seclusion from the social interactions, Tennyson debunks the bitter reality embedded within the social structure and by the lady’s manifestation of bravery in her social activism so as to prove her individuality, he depicts the annihilation of the woman in revolting against patriarchy. Parallel to the subjugation of femininity in the poem, ecology shows a pattern of tranquility and chaos through which masculine cultural codes reveal themselves. John William Waterhouse, a contemporary painter with Tennyson, has portrayed three suggestive scenes of the poem; how he portrays femininity and nature is the manifestation of patriarchal manipulation of the two aforementioned concepts. In congruence with the mentioned analysis, ecofeminism, by attributing resemblances to femininity and ecology, aims to divulge the patriarchal injustice inflicted upon them; by giving awareness about the rights of women and nature, it tries to rehabilitate their genuine identity. With the application of ecofeminism on Tennyson’s poem and Waterhouse’s paintings, with an interdisciplinary approach, the author discloses the patriarchal subordination of women and nature. I do hope that by the ecofeminist reading of “The Lady of Shallot” and its projected paintings, the authentic rights of femininity and ecology are defended, the importance of interdisciplinary studies is highlighted and the awareness about the original identity of these concepts is created.

Be(y)on(d) the map: Collaboratively activating Geographies of (De)CO2loniality/H2Ope in the Ecuadorian Chocó borderlands

This article is positioned within the Chocó borderlands of Ecuador and Colombia. I delve into the historical and contemporary everyday struggles of two communities within the Santiago-Cayapas Watershed—the Afro-descendant community of La Chiquita and the Awá Indigenous community of Guadualito. Yet, I also discuss the methodological aspects of “us-formation”: the multi-dimensional trials and tribulations of a collective quest for justice. The goal: to situate their largely invisibilized 20+ years of legal struggles against two oil palm companies ‘on the map' and demand reparations. The oil palm companies violate Human Rights and Nature's Rights by contaminating rivers and destroying the sustenance of ancestral communities’ lives. Through honing into the entanglements of collaboratively activating five dimensions of Geographies of Hope-in-Praxis—place, alliances, the (un)thinkable, perseverance/resilience, and the (im)possible—the paper traverses a multi-dimensional journey-destination of interdependent processes: 1) (De)CO 2 loniality: decolonizing research, “official” versions of history, and now, “climate change mitigation development”, that attempt to silence and choke out Indigenous and ancestral peoples and territories; and 2) H 2 Ope: carving out new relational spaces bound together by establishing networks to revindicate human/ancestral rights to water and the rights of La Chiquita River. Geographizing hope reveals that the route toward hope-with-justice is a nonlinear, constantly shifting, unpredictable pluriverse of possibilities ripe for action.

Kajian Literatur Tuntutan Hak Tenaga Kerja Pariwisata Di Indonesia

Tourism is one of the sectors that contribute to the absorption of the national workforce where tourism absorbed around 10% of the national workforce in 2019. Tourism labor has natural rights that are already attached to it. The fulfillment of workers' rights can help workers in feeling self-esteem and dignity, feeling freedom and security during work, and having the opportunity to choose and carry out productive work without restrictions. Labor rights are based on human rights derived from a set of assumptions of moral theories of the intrinsic value of human beings assessed for their status as human beings regardless of certain historical, religious, or cultural abilities. This research uses a qualitative approach with literature analysis methods and inductive content analysis using secondary data based on 14 previous studies that discuss tourism labor rights in Indonesia from 2016 to 2021 obtained from several journals published online. The conclusions of this study show that the labor rights demanded include: 1) living wages, 2) social security, 3) protection of women and children, 4) working hours and leave, 5) benefits (fixed and non-fixed), 6) termination of employment (layoffs), 7) overtime and overtime pay 8) gender equality, and 9) training and certification. Tourism labor unions can function and play a role in the protection and enforcement of tourism labor rights.

Peculiarities of law-making practice in the field of further settlement of alternative methods of resolving public disputes and conflicts

The article recognizes the diverse (multidirectional) character of the law-making process, taking into account the very features (nature) of legal regulation and proceduralization of alternative ways of resolving legal disputes and conflicts, which is characterized by complexity and multi-levels.
 The directions of the formation of legal norms aimed at the settlement of alternative ways of resolving disputes and conflicts are highlighted. In particular, it is noted that the legal regulation of alternative methods of resolving legal disputes and conflicts is carried out through the recognition, establishment and sanctioning of legal norms aimed at regulating such activities. The recognition of the above-mentioned legal norms occurs by the state with the help of the activity of the law-making body through the recognition of natural rights in this area, because such natural rights and freedoms as the right to a court, freedom of contract, the right to protect one's rights are the basis for the formation of alternative ways of resolving legal disputes and conflicts and freedoms by all non-prohibited means. In the mechanism of legal regulation of alternative methods of resolving disputes and conflicts, the second and main direction is the activity of the state to establish relevant legal norms, because the state, developing drafts of relevant laws, on the one hand recognizes the natural rights to a court, to defense, to freedom of contract and takes into account the existing positive social practices developed in this area, as well as based on objective needs and own interests and the interests of society, establishes new rules aimed specifically at the interests of society. Sanctioning practice is the third direction in the mechanism of legal registration of alternative methods of resolving disputes and conflicts.
 It was determined that in this case the nature of such activities and the level of their legal regulation and proceduralization are primary. At the same time, these two aspects are significantly interconnected and influence each other. On the one hand, alternative resolution of disputes and conflicts involves the use of special methods, forms, involvement of special subjects, which indicates their separation from traditional areas of procedural activity. On the other hand, recent trends point to their spread and popularization, which inevitably raises the question of their relationship with procedural activity and, in fact, of their proceduralization, which is aimed at their legalization.

In the break (of rights and representation): sociality beyond the non/human subject

ABSTRACT Nonhuman interests are today routinely articulated in a register of ‘rights’. ‘Rights of nature’ and ‘animal rights’ have expanded the vernacular of liberal rights beyond the human subject, thereby arguably entering the realm of ‘post-human rights’. For such rights to be enforced, however, they must be recognised within a legal order and mediated by human subjects speaking on behalf of nonhuman ‘right-holders’. This article focuses on the modes of representation and subjectification of nonhumans – whether natural entities, animals, or ecosystems – that underpin this reconfiguration. While granting rights to nonhumans de-centres the human figure at the heart of liberal legal orders, it remains focused on the category of the subject. Taking on the questions of the symposium on ‘After Rights? Politics, Ethics, Aesthetics’, I argue that granting rights to nonhumans might well enable a move beyond or ‘after human rights’, but not ‘after human rights’. To think the possibility of an ‘after rights’, I turn to practices of sociality as articulated in works of critical Black studies that refuse the category of the subject as such. What emerges are modes of living in escape from violent subjections to racialised, colonial, and liberal inscriptions of worlding through ‘rights’, whether humans or nonhumans.