Notion Of Human Rights Research Articles

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

Issues and Challenges of Women’s Rights

Women’s rights, as a term, typically refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or illegitimately suppressed by law, custom, and behaviour in a particular society. These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activism surrounding this issue claims an inherent historical and traditional bias against the exercise of rights by women. Issues commonly associated with notions of women’s rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote (universal suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military; to enter into legal contracts; and to have marital, parental and religious rights. In this research paper I have discussed issues and challenges of women rights and also review the role of different international agencies in spreading awareness about women’s rights.

Sustainable Development and Human Rights: Christianity as Mediator

This paper aims to show that there is a tension if not a total contradiction, between the notion of sustainable development and the idea of human rights and that Christianity, especially as practiced by Filipinos, can be a starting point for a reflection of a reconciliation of the tension. The paper is divided into four parts. First, a short inquiry into the origin of sustainable development will be made, and it will be shown that sustainable development is closely related to environmentalism. That is to say, caring for the environment is a crucial point of discussion when talking about sustainable development. In the second part, a discussion on human rights will be conducted, especially on human rights, understood as subjective rights usually spoken of using proprietary language. That is to say, human rights are conceived as property. In the third part, it will be shown that sustainable development, understood in tandem with environmentalism, is in tension with the notion of human rights, especially when conceived as subjective rights. The contradiction is usually most apparent in the legal and juridical sphere, and three cases will be given in this regard. In the last part, it is asserted that it is possible to attempt to give some semblance of reconciliation between the two notions above in tension by showing how the specific brand of Christianity practiced by Filipinos, especially as guided by Christian Philosophy, can help least in the theoretical level. It should be noted that what is asserted is not a full-blown solution to the tension. Indeed, Filipino Christianity can only be a starting point of reflection for the reconciliation.

Affirming Human Rights against Neoliberal Anthropology: Social Aphasia And Words That Create

All social movements justify their actions, even if not explicitly, on the basis of the notion of human rights, just as every church and religious groups that are active in social struggles justify them in the name of a God who legitimizes human rights. In other words, the notion of human rights is at the basis of all groups' struggles for social justice. We may find different understandings of the origin of these rights - God, nature, or the human essence - but it is, or was, a presupposition of the project or utopia of modern civilization. However, with the hegemony of neoliberalism in economic and cultural globalization, the situation has changed profoundly. What was once a fundamental presupposition has become a matter of dispute? The theme of human rights has increasingly become a central issue in our political and social discussions. This means that we need, first, to better understand what is happening in the world and then to rediscuss the foundation of human rights. To this end, I will divide my article into three parts: a) the end of the consensus around human rights; b) the neoliberal notion of the non-existence or illusion of human rights; c) the social aphasia of the poor and its relations to the word and the revelation of Yahweh.

Human Rights and Views of the Catholic Church under Habermas Discourse Theory


 
 
 This article aims to explain the views of the Catholic Church on human rights and put them into dialogue with the concept of human rights based on discourse theory as put forward by Jürgen Habermas. In the view of the Catholic Church, the ethical basis for the concept of human rights is the biblical view of human beings as being made in the image of God, which later became the forerunner to the birth of the concept of human dignity and the ethical basis for human rights. This article shows that the discourse theory rejects this theological model of justification for human rights. The criticism of the discourse theory as it relates to an absolute paradigm is that the absolute paradigm requires metaphysical premises. However, in a modern society characterized by a pluralism of worldviews and philosophical and religious beliefs, such metaphysical claims are no longer acceptable. Through the lens of discourse theory, the foundation of the notion of human rights cannot be based on the pre-political basis of religious values. This discourse theory grounding model is based on the conditions of contemporary post-metaphysical society, characterized by a plurality of comprehensive doctrines. However, Habermas emphasizes the role of religion in the public sphere in promoting human rights. He advocates for the reinvention of public reason by encouraging religious people to translate sacred terms into secular language when entering formal political spaces. According to Habermas’ theories, democratic decision-making must allow citizens the right to use religious terms in public debate. Furthermore, this article shows that discourse theory creates a roadmap for human rights by allowing religion, law, and politics to coexist. Only if we adhere to the principles of discourse theory can we guarantee the fair and just participation of both secular and religious members in a democratic constitutional state.
 Keywords: Human Rights, Catholic Church, Religion, Habermas’s Discourse Theory
 
 

Countering Hegemonic Human Rights Norms through Migrant Labour Organising: The Case of Migrant Justice

AbstractThis article analyses undocumented migrant labour organising in a complicated context and site, the Vermont dairy industry, in relation to Tanya Basok's concept of “counter‐hegemonic human rights”. Taking migrant rights organisation Migrant Justice in Burlington, Vermont as a case study, this work examines migrant labour organising that calls upon notions of human rights for economic migrants in the USA. Migrant Justice works through commodity chain labour organising that transcends the scale of the state, calls on moral geographies of consumption and production, and autonomously redistributes not just capital, but power, from the corporation down to workers. An analysis of literature on migrant human rights in relation to labour organising will lead us to problematise mainstream human rights discourse, explore alternative conceptions of rights, and understand the liberatory components of the “counter‐hegemonic” employment of human rights by subversive actors, which may truly hold the potentials that mainstream human rights discourse claims.

TRANSFORMING LEGAL NARRATIVES: POSTMODERNISM IN SOUTH ASIAN ENGLISH LITERATURE

This study examines the relationship between law, literature, and postmodernism within the context of South Asian English literature. The objective of this study is to analyse the historical development of legal narratives and their subsequent influence on notions of human rights, cultural identity, and justice. Examining and challenging legal narratives, "Burnt Shadows" by Kamila Shamsie, "The Kite Runner" by Khaled Hosseini, "The English Patient" by Michael Ondaatje, and "The Sea of Poppies" by Amitav Ghosh use postmodern literary techniques. Using Katherine Belsey's postmodernism paradigm as a theoretical perspective, the purpose of this study is to analyse the deconstructed and reconstructed narratives found in the novels. The primary objective of these academic investigations is to provide a deeper comprehension of the dominant legal discourses in South Asia and their broader implications.

RIGHTOF PEOPLE AND HUMAN RIGHTS IN JOHN RAWLS PHILOSOPHY:PRESUPPOSITIONS OF THE RULE OF LAW IN AFRICA

Is there something like a social function of justice, organizing, alongside politics, our relationship to reality and constituting a minimum standard of action in society?John Rawls answered this question with his theory of justice where principles are presented as necessary substrates for well-ordered societies. This can be formulated the question of the relationship between justice presented as the first virtue of social institutions and the idea of the inviolability of the human person. (J. Rawls, 1997, p. 29).To the question of what link can be established between the law of nations and the notion of human rights, we hypothesize that the opening of the principles of justice to relations between societies allows an indiscriminate implementation of fundamental human rights beyond the borders of democratic societies.This is why the objective of this contribution is to analyse the possibility of a rule of law in Africa from the Rawlsian theory of the law of nations in the perspective of an institutional patriotism.

Human Rights, Interpretivism, and the Semantic Sting

Abstract What are human rights? What makes a particular human rights claim ‘genuine’ or ‘valid’? These are difficult questions with which current philosophical literature on human rights is concerned. They are also the same kind of questions that legal philosophers asked about Law throughout the 20th century. Drawing from the similarities between the two fields, I attempt to do with the concept of human rights something similar to what Ronald Dworkin accomplished with that of Law in Law’s Empire. First, I offer a critique of the two dominant perspectives on human rights—the Orthodox and Political views—that is similar in character to Dworkin’s Semantic Sting objection to Legal Positivism. Second, I sketch an alternative, Dworkinian-inspired framework that seeks to develop the notion of human rights as an interpretive concept. According to this framework, different accounts of human rights are to be understood as expressing different interpretations of the point (or purpose) of human rights practice.

Ta'zir (Punishment) at Islamic Boarding Schools; Between Tradition, Conception, and Shadows of Human Rights Violations

This article examines the practice of Ta'zir, a form of discretionary punishment, within the context of Islamic boarding schools. Ta'zir holds a significant place in Islamic jurisprudence, allowing authorities to determine penalties for offenses not explicitly addressed in religious texts. However, the application of Ta'zir has raised concerns, particularly in the context of Islamic boarding schools, where traditional practices intersect with modern notions of human rights. Drawing upon a multi-disciplinary approach, this study delves into the historical, cultural, and religious aspects of Ta'zir, elucidating its evolution from its inception to its current manifestations within Islamic boarding schools. By analyzing primary sources, legal texts, and case studies, the article underscores the diverse interpretations of Ta'zir and its malleability in adapting to contemporary circumstances. Furthermore, the article critically evaluates the potential conflicts between the traditional practice of Ta'zir and international human rights standards. It examines instances where Ta'zir punishments might be perceived as infringing upon human dignity, bodily integrity, and freedom from cruel, inhuman, or degrading treatment. The study also explores the role of Islamic boarding schools in shaping and perpetuating these practices, considering the interplay between religious education, discipline, and the protection of children's rights. The findings of this research reveal a complex landscape where tradition clashes with modern sensibilities. The article advocates for a nuanced dialogue between religious scholars, educators, and human rights advocates to strike a balance between preserving cultural heritage and upholding universally recognized human rights. It highlights the importance of reinterpretation and contextualization of Ta'zir in line with the principles of justice, mercy, and human dignity as emphasized within Islamic teachings. In conclusion, this article contributes to the ongoing discourse on the compatibility of traditional Islamic practices with contemporary human rights frameworks. It calls for a thoughtful reevaluation of Ta'zir within Islamic boarding schools, promoting an inclusive approach that safeguards both religious heritage and fundamental human rights.

Human Rights beyond the Liberal Script: A Morphological Approach

Abstract While recent scholarship has turned to the increasing fragmentation of global human rights discourses, the often competing ideological projects in which different understandings of human rights are embedded have received comparatively scant attention. Instead, human rights are treated as isolated norms. Although treated as isolated, human rights norms are frequently simultaneously understood against the implicit backdrop of liberal assumptions about political order and human agency, thereby obscuring alternative human rights conceptions. This research note seeks to move our understanding of human rights beyond the liberal script. Drawing on advances in the fields of intellectual history and political theory, it develops a morphological approach that treats norms not only as individual standards of appropriate behavior but as complex units of meanings. These meanings only emerge in larger ideational formations in which varying notions of human rights are temporarily fixed through their positioning toward other concepts. This morphological understanding of human rights as part of larger conceptual arrangements allows for their analysis beyond the liberal script as the research note shows by way of two illustrative case studies, which focus on human rights beyond liberal notions of democracy and the rule of law as well as beyond the human as ontologically singular.

The restriction of fundamental rights and freedoms under international human rights law

Human rights are those rights inherent in people simply by the mere fact of being human. Human rights are an essential feature of a democratic society, an expression of the state’s respect for its citizens, enshrined in constitutions and national laws. Thus, the indestructible association relationship between the notions of human rights and democratic society becomes apparent, because in the absence of a democratic regime, human rights do not have effectiveness. Another characteristic of society concerns the responsibility to determine what are the restrictions to be imposed on fundamental human rights. By using a research methodology based on legislative and doctrinal analysis, this article aims to argumentatively present that the margin of appreciation of states regarding the restriction of human rights is not absolute, since these limitations have limits that are provided for by international human rights law.

Citizenship education under authoritarian Islamic nationalism: an exploration of teachers’ conceptions of citizenship in Turkey

ABSTRACT This study explores a group of social studies teachers’ conceptions of citizenship by taking into consideration the country’s increasingly authoritarian political culture. It offers an analysis of semi-structured interviews carried out with 20 teachers working at state middle schools in a relatively secular city. The study found that the majority of the teachers are subscribed to a non-democratic conception of citizenship that prioritizes an uncritical loyalty to the nation, inculcates passive compliance, relies on a pro-Muslim notion of human rights, and makes little room for political issues discussion. Despite that, some teachers seem to develop oppositional discourses and seek ways to claim their agencies. The study concludes that the authoritarian Islamic nationalism in power has intensified the ethno-religiously nationalist, statist, and duty-centric aspects of citizenship education (CE). Some teachers’ explicit emphasis on pro-Islamic and anti-western discourses and almost all teachers’ explicit concern to stay away from politics emerge as novel characteristics that are consistent with the dictates of Turkey’s authoritarian regime. It seems authoritarian populist nationalism redresses citizenship as an exclusionary notion grounded in race, ethnicity, religion, and civilizational claims. Insights from this research may help the advocates keep CE supportive of democratic values under authoritarian conditions.

Islam and the Issue of Human Rights: Compatibility or Contradiction

Since the Islamic resurgence in early 1970s, there has been a great deal of interest in the ontology of the Universal Declaration of Human Rights and its consistency with Islam. Ever since its foundation, the notion of human rights have long been the source of continuous contention between modern Muslim and Western intelligentsia. This paper begins with a brief introduction of Islam and the concept of human rights. The primary focus of the paper is to present a better understanding of Islamic law concerning with human rights and to examine the difference between the secular human rights and Islamic human rights. The paper will argue that the human rights in Muslim world have always been explicitly grounded in religious terms. Moreover, the paper also aims to highlight and understand the rationale why Muslim countries in particular are reluctant to accept or ratify the international covenant on human rights. Notwithstanding that, the purpose of this paper is threefold; (1) to present the human rights concept in Islam; (2) to highlight major differences between the principles of Islamic law and modern human rights notion; (3) to present the rationale behind the major disparities between Islam and the established standard of human rights.

“Wohlstand, Bildung und Freiheit für Alle.” The Idea of Human Rights in the View of Gustav Struve as an Example of Radical German Political and Legal Thought during the Springtime of Nations

The Springtime of Nations in Germany is mostly associated with the views of various moderate liberals who played leading roles during these revolutionary events. The case is different when it comes to the members of the most radical wing within the liberal movement, the so-called “democrats.” Their ideas are described far less frequently. The article presented analyzes the idea of human rights in the view of Gustav Struve – one of the most important figures in the German democratic movement. During the German Springtime of Nations, the notion of human rights was one of the most frequently discussed but also variably understood problems. G. Struve’s views regarding this question refer not only to the idea of human rights, they also form a kind of political manifesto including solutions for various problems encountered by average citizens along with suggestions concerning an equitable structure of the social order. These postulates were revolutionary and radical but often incoherent. Thus, they fit well into the characteristics of the whole German democratic movement in the first half of the 19th century, which was seen as an unpopular, unsystematic, eclectic and immature phenomenon. The article first describes G. Struve’s life in the context of various events of the German Springtime of Nations. Subsequently, it analyzes the notion of the human being, his functioning in the social community and the definition of his rights. The article ends with an analysis of the material content of the concept of human rights in the view of the described German radical.

China's collectivist cosmopolitanism: Harmony and conflict with Western conceptualizations of cosmopolitanism rooted in individualistic notions of human rights

Just as leading Western countries have begun withdrawing from the neoliberal Washington Consensus that paved the way for economic globalization over the last 40 years, China has proposed an ambitious Belt and Road Initiative, or One Belt One Road, outlining its vision for global development. President Xi's vision of collectivist cosmopolitanism is centered on the principle of sovereign equality between nations, emphasizing civilizational uniqueness rather than universal human rights. In this view, economic and social development are path dependent, and in China's case, prioritize decolonization and national sovereignty. Xi's view in major speeches is cosmopolitan but collectivist, emphasizing economic growth, openness, dynamism, and an “avowed respect” for the integrity of other cultures, while saying nothing about individual human rights or groups within China. This approach positions ancient Chinese traditions like Confucianism as playing a central role in cultivating individuals’ and society's moral qualities so that person, society, and governance are bound together as a mutually beneficial and interconnected whole. It forms the theoretical basis of a Chinese view of cosmopolitanism, which could be the basis of dialogue with Western cosmopolitanists. The challenge is reconciling the different emphasis accorded to human rights versus national sovereignty in the two views. Empirical results of a new measure of Cosmopolitan Orientation that correlates positively rather than negatively with nationalism and religiosity provide insights into the specific basis for this dialogue to become beneficial rather than conflictual.

A Feminist Social Justice Approach for Social Change

This article extends and develops themes from my book, Women’s Activism, Feminism, and Social Justice, in response to commentary by Professors Aragon and Nagel. In my remarks I explore what I call “the tricky territory of rights,” as well as feminism, identity, intersectionality, heterogeneity, and complexity, and alternative epistemologies. My interlocuters and I are all skeptical about the notion of human rights for a range of reasons: rights discourse can be too narrow, focusing mainly on legal and political rights; rights can overemphasize the individual at the expense of the collective; rights are part of state apparatus and may be the instrument of despotic leaders; rights as state apparatus are part of the carceral regime and rights may inhibit broader ways of thinking about justice such as human dignity or Ubuntu. In spite of these legitimate criticisms I advocate a strategic use of rights. I also explore themes of identity, intersectionality, heterogeneity, and complexity.

Challenging Systematization in Romania: Human Rights, Transnationalism, and Dissidents in Campaigns by Opérations Villages Roumains (OVR), 1989–1990

Accounts of popular opposition to the systematization project in Romania have predominantly focused on organizations concerned with cultural heritage preservation and the plight of Hungarian minorities in Transylvania. As a result, the Belgian-born initiative Opérations Villages Roumains (OVR) has been largely overlooked, despite growing into the largest transnational opposition movement against systematization by 1989. Unlike other organizations, OVR primarily denounced Ceauşescu’s totalitarian grip on society, with systematization being its most significant manifestation. This article investigates OVR’s philosophy, methods, and objectives during its formative period from 1988 to 1990. OVR’s challenge to systematization reveals how human rights were strategically implemented at chosen moments, the emergence of several transnational dimensions, and the unique roles played by exiles and dissidents. Through this case study, OVR’s approach uncovers the evolving notions of human rights and transnationalism in the 1980s and highlights how these differed from other well-known Western European challenges to the practices of State Socialist regimes.

‘Meninos vestem azul e meninas vestem rosa’: Análise do Discurso Crítica sobre a ‘ideologia de gênero’ no Ministério da Mulher, Família e Direitos Humanos

ABSTRACT This article investigates what was the main ideology guiding the public policies of the Ministry of Women, Family and Human Rights (MMFDH) in the Jair Bolsonaro administration (2019-2022). In his inauguration speech, Bolsonaro stated that one of his government’s objectives would be to combat ‘gender ideology’ and defend ‘true human rights’. Thus, this research starts from the perspective that there is a dispute in Brazil around the notion of human rights, and the use of the phrase ‘gender ideology’ is a key element to understand how this dispute occurs in the political scenario, especially with regard to creating moral panic regarding LGBTIQIA+ people. With the aim of understanding the guiding ideology of public policies developed by the MMFDH, a state sector where this dispute seemed to be a central element, Critical Discourse Analysis was used as an analytical methodology. To compose the research corpus, the speeches of the main representatives of the MMFDH, Damares Alves and Angela Gandra, were analyzed from January 2, 2019 to March 31, 2022. We concluded that, in the period analyzed, the MMFDH was a promoter of ‘gender ideology’.

Demanding what is rightfully theirs. The link between social justice protests and economic, cultural, and social rights

The right to peaceful assembly and association have been central to the notion of human rights since their very first iterations. A selection of key peaceful protest movements in the 21st century shows that the movements themselves are expressing demands that are in line with the human rights approach (Ortiz et al. 2022). Among the main findings is that over half of protest movements incorporate some economic or social justice demand (higher wages, jobs, housing, healthcare, pensions…). This article looks at protest movements that have demands that are linked to rights expressed by the UN International Covenant on Economic, Social and Cultural Rights (United Nations 1966). Though protesters do not express their demands in the language of human rights, their demands for social justice are mostly already enshrined in the declaration. The author compares demands of economic justice to their counterpart in terms of rights, stressing the need for countries to reexamine their own policies considering these protests or potentially face escalating social unrest.
 Received: 20 July 2022 Accepted: 30 November 2022