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Related Topics

  • Protection Of Human Rights
  • Protection Of Human Rights
  • Concept Of Human Rights
  • Concept Of Human Rights
  • Universal Human Rights
  • Universal Human Rights

Articles published on Protection Of Human Dignity

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  • Research Article
  • 10.63391/h1g2cd16
<b>A RESPONSABILIDADE CIVIL DOS ALGORITMOS DE INTELIGÊNCIA ARTIFICIAL GENERATIVA: DESAFIOS DOGMÁTICOS DIANTE DAS "ALUCINAÇÕES" E A REPARAÇÃO DE DANOS MORAIS</b>
  • Apr 7, 2026
  • International Integralize Scientific
  • Samuel Vilaverde

This article aims to analyze the civil liability regime applicable to moral damages arising from "hallucinations" generated by generative Artificial Intelligence (AI) systems within the Brazilian legal system. Given the increasing integration of these technologies into decision-making and content production processes, the challenge arises to identify the causal link and the liable party for the duty to indemnify when the system operates autonomously and unpredictably. The research adopts a bibliographic review and normative analysis methodology, based on the Civil Code, the Consumer Defense Code, and emerging regulatory frameworks on AI. It investigates the insufficiency of traditional fault criteria and the need for a transition to objective liability models based on enterprise risk or the creation of new categories of electronic legal personality. It concludes that legal dogmatics must evolve to guarantee the protection of human dignity and personality rights, ensuring effective reparation mechanisms against damages caused by algorithmic autonomy.

  • Research Article
  • 10.24144/2788-6018.2026.01.3.32
Fifth generation of human rights
  • Mar 4, 2026
  • Analytical and Comparative Jurisprudence
  • K S Zvereva

The article presents a comprehensive theoretical study of the evolution of human rights through the prism of the concept of “generations,” with special emphasis on the rationale and content of the fifth generation of rights. It is noted that four generations of human rights have been formed in legal doctrine, reflecting the historical stages of the development of rights and freedoms. The first generation (“rights of freedom”) includes civil and political rights that emerged in the 17th–18th centuries as “negative” obligations of the state, requiring non-interference in the personal sphere. The second generation (“rights of equality”) developed in the 19th–20th centuries and encompasses economic, social, and cultural rights, which, conversely, oblige the state to take active measures to ensure social welfare. The third generation (“rights of solidarity”) addresses the collective interests of communities, such as the rights to peace, self-determination, and a healthy environment. At the turn of the 20th–21st centuries, the fourth generation, or somatic rights, emerged, related to the autonomy of the individual over one’s own body, including reproductive rights, gender identity issues, and euthanasia. The study emphasizes the emergence of new legal phenomena associated with digital technologies, bioethics, and global challenges that do not fully fit into previous generations of rights. A leading place among them belongs to digital rights, such as the right to Internet access, digital self-determination, and personal data protection. Particular attention is given to the “right to be forgotten,” which allows individuals to delete outdated or harmful information about themselves from online spaces. The article proposes a definition of the fifth generation of human rights and outlines its content, including digital rights (the right to be forgotten, the right to data protection, etc.), rights related to biotechnological developments (genetic information governance, neuro-rights), and the rights of future generations (the right to a safe environment and sustainable development). It concludes that recognizing the fifth generation of human rights is essential for an adequate response to modern challenges and the effective protection of human dignity and rights in the digital era. The need for further normative consolidation of these emerging rights and harmonization of international efforts in this area is also emphasized.

  • Research Article
  • 10.63878/jalt1895
خلفائے راشدین کی حدودِ شرب، زنا اور قذف کی پالیسیز اور معاصر فقہاء کی تشریحات کا تقابلی جائزہ
  • Mar 2, 2026
  • Journal of Applied Linguistics and TESOL (JALT)
  • Dr.Muhammad Imran + 2 more

This research article provides a detailed analysis of the punishments for alcohol consumption, adultery, and slander (Qazf) during the era of the Rightly Guided Caliphs and examines them in a comparative framework with the interpretations and ijtihad of contemporary Islamic jurists. During the period of the Rightly Guided Caliphs, the limits prescribed by Shariah were not only clear and strict but were also intended to ensure social discipline, moral training, judicial transparency, and the protection of human dignity. The prohibition of alcohol, the punishments for adultery, and the strict evidentiary requirements in cases of slander formed the foundation of judicial and social policies of that era. Their enforcement promoted fear of God, justice, and moral upbringing in society.The study also highlights that contemporary jurists, while preserving the spirit of classical limits, have provided ijtihadi interpretations suitable for addressing complex social, legal, and ethical issues of the present era. Modern scholars suggest that in the implementation of punishments for alcohol, adultery, and slander, flexibility, consideration of social conditions, and respect for human rights should be taken into account. In this way, Islamic limits can be harmonized with contemporary judicial systems, international laws, and human rights standards, ensuring justice, morality, and peace in society.The comparative analysis of classical policies and contemporary jurisprudence indicates that while the principled stability of Islamic law is maintained, practical implementation is possible through ijtihad. This review also shows that Shariah is not merely a legal code but a practical and flexible system that promotes social balance, moral development, and judicial justice. Furthermore, ijtihadi interpretations have the capacity to implement Islamic limits effectively, ethically, and practically in accordance with contemporary global challenges, international laws, and social circumstances.This study critically examines historical and contemporary jurisprudential sources, including Hadith, Quranic verses, classical fatwas, and modern fiqh literature, providing an academic foundation for understanding how the limits on alcohol, adultery, and slander in Islamic law remain effective in promoting social justice, judicial transparency, and ethical conduct across eras.

  • Research Article
  • 10.24144/2788-6018.2026.01.1.1
Right to be forgotten in digital space: implementation of European standards into Ukrainian legislation
  • Feb 23, 2026
  • Analytical and Comparative Jurisprudence
  • O R Balatska + 1 more

The article examines the right to be forgotten as a fundamental element of personal data protection in digital society and identifies pathways for implementing European standards into Ukrainian legislation. The article analyzes the historical evolution of the right to be forgotten concept from the 19th-century French doctrine «droit à l’oubli» to its modern embodiment in the context of global digitalization. Special attention is given to analyzing the landmark decision of the Court of Justice of the European Union in Google Spain (2014), which recognized search engine operators as data controllers and established citizens’ right to demand removal of links to outdated or irrelevant information. The article examines provisions of the Article 17 General Data Protection Regulation (GDPR), that establish the right to erasure and a balance between individual privacy and public interest. The practices of leading European states regarding implementation of the right to be forgotten and conflicts between information freedom and personal data protection are analyzed. The authors emphasize the fragmentation of current Ukrainian legislation and the absence of a systematic approach to regulating the right to be forgotten, despite Ukraine’s obligations under the Association Agreement with the European Union regarding legislative harmonization. The article identifies key directions for improving the national legal system: comprehensive reform of existing legislation in accordance with GDPR standards, development of institutional capacity of regulatory bodies, formation of judicial practice on right to be forgotten issues, and raising the level of citizens’ digital literacy. The authors conclude that the right to be forgotten is an important tool for ensuring informational self-determination in the digital age, allowing protection of human dignity, reputation, and opportunities for personal development. The article summarizes that successful implementation of European right to be forgotten standards requires not only legislative changes but also formation of a legal culture of respect for personal data, development of technological mechanisms for information protection, and creation of an effective legal protection system in the context of digital transformation of Ukrainian society.

  • Research Article
  • 10.62452/9fqewy55
El derecho de alimentos en el ordenamiento jurídico ecuatoriano
  • Feb 22, 2026
  • Revista Metropolitana de Ciencias Aplicadas
  • Angélica Viviana Rivas-Alvarado

The right to alimony constitutes an essential legal institution within Ecuadorian family law, as it is directly linked to the protection of human dignity, the right to life, and the comprehensive development of vulnerable groups. This article analyzes the right to alimony of children, adolescents, and pregnant women in Ecuador through a critical review of its historical evolution, current legal framework, and the main challenges related to its application in judicial practice. Using a qualitative and documentary research approach, the study examines constitutional and legal provisions, as well as international human rights instruments that support this right, with particular emphasis on the principle of the best interests of the child as a guiding criterion for legal interpretation. Additionally, reflections derived from judicial practice are incorporated, allowing for a comparison between the normative framework and its practical implementation in alimony proceedings. The findings reveal that, although the Ecuadorian legal system broadly recognizes the right to alimony and provides mechanisms of reinforced protection, significant challenges remain regarding the proportionality of alimony payments, the real economic capacity of the obligor, the treatment of subsidiary obligors, and the response to emerging social realities. In this context, the study highlights the need for a balanced and reasonable interpretation that ensures the well-being of the beneficiary without disproportionately affecting other fundamental rights, thereby strengthening the effectiveness and equity of the alimony protection system in Ecuador.

  • Research Article
  • 10.31926/but.ssl.2025.18.67.3.5
Sustainable Development and the Protection of Human Dignity: Legal Perspectives between International and EU Law
  • Feb 16, 2026
  • Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law
  • Carmela Pagano

The principle of human dignity has become increasingly central in international and European legal discourse. It functions both as a foundational value and as a legal standard for a rights-based approach to sustainable development. The 2030 Agenda explicitly links dignity, equality, and environmental well-being. The paper examines the normative and procedural connections between dignity and sustainable development in international and EU law. It analyses the legal status of dignity in international treaties and EU primary law. The study highlights dignity’s potential to guide legal interpretation and sustainability policies. Selected case law shows courts increasingly invoking dignity in environmental and climate-related cases. The paper also explores dignity’s role in addressing climate inaction and social exclusion. Special attention is given to the protection of vulnerable groups and future generations. Ultimately, it argues for recognizing dignity as a normative benchmark and enforceable right in sustainability law.

  • Research Article
  • 10.31926/but.ssl.2025.18.67.3.14
The Protection of Human Dignity Through the European Directive on Corporate Sustainability Due Diligence
  • Feb 16, 2026
  • Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law
  • Virginie Mercier

In June 2024, the European Union adopted a directive on corporate sustainability due diligence, which aims to provide a framework for the respect for human rights, including human dignity, and environmental rights by major European companies or those operating in Europe, which are required to institute due diligence protocols in their operational frameworks and transnational value chains with a view to preventing, mitigating and identifying actual and potential negative impacts. To ensure the effectiveness of the system, the European directive on corporate sustainability due diligence provides for the appointment of an independent authority responsible for ensuring compliance with the duty of vigilance and with powers of investigation, inspection, and sanction. Without being exhaustive, the text expressly provides for different types of sanctions in the event of failure to comply with the duty of vigilance.

  • Research Article
  • 10.31926/but.ssl.2025.18.67.3.45
The Protection of Human Dignity and Personality Rights in the Context of Conflict of Laws
  • Feb 16, 2026
  • Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law
  • Codruț N Savu

Human dignity, as a core value of both international and domestic law, demands effective legal protection of personality rights in cross-border situations. This paper examines how private international law addresses conflicts of laws regarding violations of privacy, honor, image, and personal identity in a digitalized and globalized world. It explores the applicable law criteria (lex loci delicti, law of the domicile, party autonomy) and the limits of conflictual autonomy when fundamental rights are at stake. The paper suggests a balanced approach that reconciles state sovereignty with international imperatives regarding personality rights, especially in cases involving extraterritorial elements (e.g., online defamation, unauthorized image publication, commercial misuse of names).

  • Research Article
  • 10.31926/but.ssl.2025.18.67.3.20
Environmental Justice and the Protection of Human Dignity: Legal Challenges and Opportunities under the new Council of Europe Convention
  • Feb 16, 2026
  • Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law
  • Marco Di Donato

The Council of Europe’s Convention on the Protection of the Environment through Criminal Law represents an innovative instrument within the international legislative framework, with the potential to enhance the protection of the ecosystem and the respect for human dignity. This article aims to examine, through the analysis of recent cases of environmental degradation, the main shortcomings that the Convention seeks to address and the legal mechanisms established to do so. It demonstrates that the provisions contained in the Convention can serve as catalysts for broader global enforcement, ultimately benefiting populations and safeguarding their dignity.

  • Research Article
  • 10.31849/r13r2c53
Modeling Anti-Bullying Actions in Islamic Higher Education: A Mixed-Method Study
  • Feb 10, 2026
  • Lectura : Jurnal Pendidikan
  • Makmudi Makmudi + 4 more

Bullying remains a persistent challenge in higher education, particularly in Islamic institutions where moral and spiritual values emphasize the protection of human dignity. This study aims to analyze students’ perceptions, attitudes, and social support regarding bullying in Islamic higher education, as well as identify key determinants of anti-bullying actions. Using a Mixed-Method Sequential Explanatory Design, the research involved 92 students from IAI Nasional Laa Roiba. Quantitative data were collected through a 25-item Likert-scale questionnaire measuring perceptions, attitudes, and social support, while qualitative data were obtained from eight semi-structured interviews. The results indicate that students exhibit very high awareness of bullying (mean = 4.52) and positive anti-bullying attitudes (mean = 4.36). Regression analysis shows that perception and environmental support significantly influence anti-bullying attitudes (R² = 0.642; p < 0.001). Thematic analysis further identifies five themes: understanding, personal experience, barriers, social support, and expectations toward campus policy. This study is limited by its single-institution scope and reliance on online interviews, which may not fully capture emotional nuances. The originality of this research lies in integrating statistical and thematic findings to develop a conceptual model: Awareness → Attitudes → Barriers → Social Support → Anti-Bullying Actions. Overall, the study reinforces the need for empathy-based support systems and stronger institutional policies to cultivate a safe and inclusive academic environment.

  • Research Article
  • 10.31332/aladl.v19i1.13034
Islamic Law and Digital Transformation: A Contemporary Fiqh Analysis of Ethics, Muamalah, and Artificial Intelligence
  • Jan 31, 2026
  • Al-'Adl
  • Nazril Muntazar + 1 more

Information technology has brought profound changes to the social, economic, and legal behavior of Muslims. This study addresses the problem of how Islamic law responds to ethical and jurisprudential challenges in the digital era, including electronic transactions, social media, data protection, privacy, and artificial intelligence (AI). The purpose of this research is to examine the response of modern fiqh to these phenomena and assess their alignment with the principles of maqāṣid al-syarī‘ah. The study employs a qualitative method through library research analyzing forty primary and secondary sources, including Scopus- and SINTA-indexed journals, DSN-MUI fatwas, and Majmaʿ al-Fiqh al-Islami reports. The data were interpreted using a descriptive-analytic method, involving reduction, categorization, and thematic synthesis. Findings indicate that Islamic law demonstrates strong adaptability through the principles of maslahah mursalah, collective ijtihad, and maqāṣid al-syarī‘ah in addressing digital transformations. In economic transactions (muamalah), fairness and transparency justify the permissibility of online trade and sharia fintech. In the sphere of social media ethics, concepts such as al-akhlaq al-karimah and tabayyun govern moral digital conduct. Regarding privacy and AI, Islamic law underscores the protection of human dignity (hurmah al-insān) and the moral accountability of technology developers. In conclusion, Islamic law is not merely reactive but provides a proactive ethical and legal framework. The study recommends establishing a Sharia-based digital ethics institution and fostering multidisciplinary collaboration among scholars, jurists, and technologists to advance the development of digital fiqh in contemporary society.

  • Research Article
  • 10.58764/j.im.2026.7.132
Maqasid Al-Shariah and Artificial Intelligence: Unaddressed Issues in Contemporary AI Ethics Studies
  • Jan 29, 2026
  • AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies
  • Yuga Bayu Prabowo + 2 more

The rapid advancement of Artificial Intelligence (AI) has intensified ethical debates within contemporary technology studies. Nevertheless, current AI ethics discourse remains predominantly shaped by Western philosophical paradigms such as utilitarianism, deontology, and virtue ethics, which often overlook moral, social, and spiritual dimensions central to non-Western societies, including Islamic ethical traditions. This study aims to map contemporary AI ethics scholarship, critically examine Islamic ethical responses to AI, and develop an evaluative framework grounded in Maqasid al-Shariah. Using a qualitative approach with a Systematic Literature Review (SLR) design, this research analyzes peer- reviewed publications from the last decade drawn from major academic databases. Data analysis is conducted through thematic analysis, comparative analysis, and conceptual synthesis. The findings reveal that Islamic AI ethics studies are still dominated by normative and declarative approaches, with limited operationalization of Maqasid al-Shariah as an evaluative tool, and a notable absence of integrative models connecting Islamic ethics with global AI ethics frameworks. This study contributes theoretically by positioning Maqasid al- Shar??ah as a holistic, value-based, and applicable ethical framework for assessing AI in relation to justice, public welfare, and the protection of human dignity within a global technological context.

  • Research Article
  • 10.70062/harmonyphilosophy.v1i2.276
Transnational Islamic Bioethics: A Comparative Study of Sharia-Based Approaches to Genetic Editing and Global Medical Ethics
  • Jan 15, 2026
  • Harmony Philosophy: International Journal of Islamic Religious Studies and Sharia
  • Wawan Juandi + 2 more

This study explores the ethical perspectives of genetic editing from two distinct frameworks: Islamic bioethics and global medical ethics. Both ethical systems emphasize the protection of human dignity and the prevention of harm, aligning with the broader goal of promoting health. However, significant differences emerge when addressing the issue of genetic editing, particularly in relation to human procreation. While global bioethics focuses on universal human rights, Islamic bioethics introduces religious principles rooted in Sharia law, such as Maqasid al-Sharia (objectives of Sharia) and Maslahah (public interest), to guide the ethical evaluation of genetic technologies. The findings reveal that while both frameworks agree on the importance of medical necessity, the treatment-enhancement distinction plays a critical role in Islamic perspectives, leading to more cautious stances on genetic modifications aimed at enhancing non-medical traits. The study also underscores the cultural and regional variations in Islamic bioethics, reflecting how different Islamic schools of thought impact fatwa decisions on genetic editing. In comparison, global bioethics aims to establish universal principles, often focusing on human rights, equality, and equity. The paper concludes by recommending more inclusive discussions between Islamic scholars and global bioethicists to bridge the gap between religious ethics and global standards. This would help ensure that genetic technologies are applied ethically, respecting both cultural values and universal human rights, and addressing the challenges posed by emerging genetic technologies.

  • Research Article
  • 10.59141/jiss.v7i1.2183
Maqasid Al-Qur’an in the Face of Contemporary Legal Challenges: An Epistemological Study on the Implementation of the Aceh Qanun Jinayat in Indonesia's Public Sphere
  • Jan 14, 2026
  • Jurnal Indonesia Sosial Sains
  • Siti Aisyah

This study aims to explain how maqāṣid al-Qur’ān can be used as an epistemological framework to assess the implementation of the Aceh Criminal Code in the context of the Indonesian public sphere. This issue is important because the qanun is often debated between the legitimacy of local autonomy, the moral demands of the Acehnese people, and modern human rights criticism. This study uses a qualitative-epistemological approach by combining content analysis of Qanun No. 6 of 2014, a literature review of research conducted over the past five years, thematic analysis, and a socio-legal approach to map the relationship between Sharia norms, legal practices, and social dynamics. The results show that qanun has strong historical and political legitimacy and is viewed by the community as an instrument for maintaining moral order and social cohesion after the conflict. From the maqāṣid perspective, qanun can be categorized as an effort to protect religion, life, and public honor, especially when implemented through educational and preventive mechanisms. However, the study also found that alignment with maqāṣid is highly dependent on procedural quality, operational standards, victim protection, and moderation of implementation. This study concludes that reforming implementation is the most maqāṣidi step to ensure substantive justice and protection of human dignity in Aceh.

  • Research Article
  • 10.59075/g7vhh923
Unlawful Customs in Social Ceremonies: An Analytical Study of Afghanistan in the Light of Islamic Teachings and the 17th Decree
  • Jan 10, 2026
  • The Critical Review of Social Sciences Studies
  • Irfan Ullah Stanikzai + 1 more

This study aims to examine unlawful social and religious customs in light of the 17th Decree and Islamic jurisprudence, and to assess their social and economic impacts, particularly regarding the prevention of extravagance, protection of human dignity, and promotion of social harmony. In this study used a qualitative descriptive-analytical approach which based on secondary data. Data collected through document analysis of the 17th Decree, Islamic texts, scholarly articles, and reports on social and religious ceremonies. Purposive sampling ensured sources were relevant, credible, and aligned with Islamic jurisprudence. Data analyzed through thematic analysis to identify, organize, and interpret key themes related to unlawful customs, their prohibition, social and economic impacts, and Islamically acceptable alternatives. The study finds that unlawful social customs such as extravagant weddings, high bride price (Walwar), forced and exchange marriages, and excessive mourning practices violate Islamic teachings and harm families socially and economically. The 17th Decree aligns with the Qur’an, Hadith, and scholarly consensus by prohibiting these practices, emphasizing moderation, consent, and protection of human dignity. Encouraging simple Nikah and community support during mourning provides Islamically acceptable alternatives, promoting financial relief, timely marriages, social cohesion, and overall well-being, thereby strengthening ethical, balanced, and harmonious community life. The study finds that extravagant weddings, high bride price, forced marriages, and excessive mourning harm socially and economically. The 17th Decree promotes simple Nikah, community support, and Islamic principles to ensure harmony and well-being.

  • Research Article
  • 10.2139/ssrn.6347779
<p>Unearthing The Ethical Implications of the Use and Development of Autonomous Weapons: A Legal Perspective!</p>
  • Jan 1, 2026
  • SSRN Electronic Journal
  • William Antony Kanani

<p>Unearthing The Ethical Implications of the Use and Development of Autonomous Weapons: A Legal Perspective!</p>

  • Research Article
  • 10.25134/empowerment.v8i02.8518
Penyuluhan Hukum Bahaya Narkoba bagi Generasi Muda di Desa Sindangagung, Kuningan
  • Dec 31, 2025
  • Empowerment : Jurnal Pengabdian Masyarakat
  • Pina Pina + 8 more

In carrying out legal awareness within the community itself, legal counseling is very necessary in order to achieve high legal awareness in society. Such counseling must be strengthened, so that every member of the community is aware of and lives up to their rights and obligations as citizens in the framework of law enforcement, justice and the protection of human dignity. This legal counseling aims to implement student learning outcomes in the world of lectures and increase understanding of their studies so that they can be applied or disseminated to the public through legal counseling. The first stage is the preparatory stage. At this stage, lecturers and students have prepared materials related to narcotics and legal aid.The next second stage is the stage of implementing material delivery activities to the community as a form of counseling. At this stage the lecturer provides legal aid material and students will provide material about the dangers of drugs. The last third stage is a question and answer session about the material presented by the resource persons. Counseling efforts in Sindangagung Village, Sindangagung District, Kuningan Regency which were carried out on February 8, 2023. This agenda was carried out as an effort to provide understanding to the community and village officials about the increasingly widespread dangers of drugs and legal assistance for people who need the services available at the Faculty. Kuningan Law University, namely the Center for Consultation and Legal Aid for PKBH.

  • Research Article
  • 10.21697/fp.2025.2.2
Pope Francis's New Peace Initiative: Joint Statements with Muslim Leaders Signed in Mosques
  • Dec 30, 2025
  • Forum Pedagogiczne
  • Wojciech Kluj

What role can religious leaders play in halting war and promoting human dignity? Pope Francis' initiatives demonstrate that religious motivation can be a powerful resource for peacebuilding. A notable innovation is his signing of joint declarations with Muslim leaders inside mosques – an unprecedented act in papal diplomacy. Two such documents have been signed: “Human Fraternity for World Peace and Living Together” with Grand Imam Ahmad Al-Tayyeb in Abu Dhabi (2019), and “Fostering Religious Harmony for the Sake of Humanity” with Grand Imam Nasaruddin Umar in Jakarta (2024). These declarations, while different in context, are complementary and reflect the Pope’s engagement with both Middle Eastern and Southeast Asian Islam. Pope Francis frames religious anthropology – a shared vision of the human person – as a foundation for interreligious dialogue. This anthropological focus transcends doctrinal differences and emphasizes a common human calling: to peace, fraternity, and the protection of human dignity.

  • Research Article
  • 10.46941/2025.2.6
Protection of Human Rights under the ECHR and Central Europe: Romania
  • Dec 30, 2025
  • European Integration Studies
  • Bence Zsolt Kovács

In 2024, Romania commemorated 30 years since ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), a crucial milestone in its human rights development. This anniversary offers an opportunity to reflect on Romania’s integration into the European multilevel system of human rights protection, which fosters convergence across European states. The European Court of Human Rights’ (ECtHR) view of the Convention as a “living instrument,” combined with Romania’s adherence to its evolving judicial practice, has helped the country align with the latest human rights standards, addressing systemic issues such as prison conditions, excessively lengthy judicial proceedings, judicial independence, and property restitution. This chapter explores the historical evolution of human rights in Romania, focusing on the impact of ECHR ratification on the country’s constitutional framework and legislation. It examines Romania’s relationship with the Council of Europe and the role of landmark ECtHR cases in shaping national legal reforms. Additionally, the chapter assesses the ongoing challenges in implementing ECtHR standards and highlights the country’s progress. Importantly, it discusses the creation of a legal paradigm rooted in democracy, the rule of law, and the protection of human dignity. Ultimately, by Romania’s acceptance of international human rights norms, for the first time in the country’s history, real content and substance were added to existing nominal or formal guarantees, transforming abstract legal provisions into practical protections.

  • Research Article
  • 10.64268/jilhs.v1i2.57
Maqāṣid al-Syarī‘ah and Constitutional Accountability in Urban Governance: An Islamic Legal Reflection on Public Safety Policy in Banjarmasin City
  • Dec 29, 2025
  • Journal of Islamic Law and Humanitarian Studies
  • Atti Janiah

Background: The placement of U-turn lanes near traffic lights in Banjarmasin City reveals how local administrative decisions can affect citizens’ constitutional rights to safety and order. Within Islamic legal ethics, such policies must reflect maqāṣid al-syarī‘ah to preserve life and promote public welfare. Aims: This study explores the constitutional and Islamic legal dimensions of urban traffic governance, focusing on how the Banjarmasin City Government exercises its authority in public safety regulation. It seeks to demonstrate that local policies should embody the principles of maqāṣid al-syarī‘ah as a form of humanitarian accountability in modern governance. Methods: Adopting an empirical qualitative design, the research gathered data through interviews, field observations, and document reviews. The analysis combined constitutional law theory with maqāṣid al-syarī‘ah reasoning, emphasizing maslahah ‘ammah (public benefit) and justice in local decision-making. Results: The findings indicate that the current U-turn policy, although intended to improve mobility, often leads to congestion and higher accident risks. Such outcomes suggest weak alignment with the objectives of ḥifẓ al-nafs (protection of life) and ḥifẓ al-māl (protection of property). Broader community participation and evidence-based policymaking are required to realize just and beneficial governance. Conclusion: The study concludes that integrating maqāṣid al-syarī‘ah with constitutional accountability offers a comprehensive framework for ethical urban governance. By aligning public policy with Islamic humanitarian principles, local governments can ensure justice, compassion, and the protection of human dignity in serving society.

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