Universal Declaration Research Articles

Ivan Illich perspective of deschooling society and the right of education

For over a century, schools have been able to institutionalize the value behind learning and “earning” an education. Ivan Illich argues that most learning was not the result of instruction, but of active engagement in a meaningful setting. He questions the system that encourages everyone to access an education that is guided by socio-economic relations, as pre-formatted product. This study aims to investigate if the theory of education proposed by Ivan Illich in Deschooling Society is feasible, legal, and how can it influence the creation of better models of education. The paper addresses the right to education according to the Universal Declaration of Human Rights and to what extent a parent has the ultimate authority to direct a child’s education. Using the review literature methodology, it investigates what is the role of school and what is the proposition of Ivan Illich for an alternative system of education. By reflecting on problems and contradictions of the tradition school system the paper discusses if schools contribute to a more democratic and egalitarian society, or if they reinforce inequalities. As a conclusion, Ivan Illich believes that the biggest obstacle to achieving a society that really educates is the existing imaginary that is conditioned to schooled thinking. Illich advocated for the decentralization of education and the empowerment of individuals to take control of their own learning processes. He promoted informal learning through community-based initiatives, apprenticeships, and self-directed study. This perspective has influenced alternative education movements and contributed to the development of concepts like homeschooling, unschooling, and self-directed learning. Alternative models of education can bring creativity and innovation to the learning process and should be encouraged and celebrated, especially if guided by an emancipatory approach and not by a neoliberal market logic that reinforces inequalities.

Human Information Rights in Digital Space: To the 75th Anniversary of the Universal Declaration of Human Rights

An important milestone in the development of the institute of human rights is the adoption in 1948 of the Universal Declaration of Human Rights, which for the first time in history comprehensively enshrined the basic human rights and freedoms, taking into account the natural, political and social needs and interests of the person (individual). The adoption of this very document declared the man, his fundamental rights and freedoms to be the main value. The international community sought to cover all possible spheres of public relations (public and private) that are necessary for a person to function normally, consolidating basic rights and freedoms. It is impossible to deny the importance of this international legal act for the «human family» and each individual. At the same time, we may state that this document was adopted three quarters of a century ago and it does not fully reflect reality, does not take into account the dynamics of the development of public relations, in particular, does not define human rights in the emerging information society, in particular the digital space. After all, even the approach to individualization and identification of the person himself is changing, digital profiles of citizens appear, digital passports and other identification documents are issued, moreover, «cybermen» appear — individuals with subcutaneously implanted microchips (capsules) with NFC technologies (Near Field Communication), containing information, in particular, about personal and banking data.

Indonesia's responsibility towards Rohingya refugees: analysis of the 1951 Refugee Convention

The Acehnese people refused the boat carrying more than 200 Rohingya migrants in early 2024; therefore, UNHCR is pleading with the Indonesian authorities to allow them to disembark. The UNHCR report states that there are currently 1,608 Aceh refugees, including 140 survivors from the previous year. People are increasingly worried about the impact of the significant influx of Rohingya individuals in Aceh. Indonesia's acceptance of those seeking safety for humanitarian reasons has significantly affected the Acehnese population. Indonesia is being pressured to provide assistance to Rohingya refugees despite not being a signatory to the Refugee Convention. The issue at hand is whether Indonesia is legally obligated to help Rohingya refugees under the Refugee Convention. This study utilized normative legal research, commonly known as document analysis involving a qualitative examination of secondary data sources. The investigation included sources such as books, papers, and treaties, specifically focusing on the Refugee Convention of 1951. Indonesia, as it is not a signatory to the Refugee Convention, does not have a legal duty to aid the Rohingya refugees in Aceh based on the Refugee Convention. This study employed normative legal research, analyzing documents qualitatively with secondary sources like books, articles, and treaties, notably the 1951 Refugee Convention. Consequently, since Indonesia has not ratified the Refugee Convention, it is not bound by legal obligations to assist the Rohingya refugees in Aceh. However, Indonesia still maintains a responsibility according to the Universal Declaration of Human Rights.

An Update on the Ethical Breadth of the Human Rights Concept.

The Universal Declaration of Human Rights (UDHR) approved by the United Nations (UN) in 1948 includes the most widely accepted list of individual rights all over the world. Although it has been a catalyst in the pursuit of a universal ethic for human rights, it has not been updated for over 75 years during which significant progress has been made in the recognition of more human rights. It is time to examine whether the current global society aspires for more/other human rights that are not reflected in previous declarations. We offer a review of literature on the potential areas that human rights may be extended to in the current sociocultural atmosphere and share the results of a survey at an international university in Japan which examines the views of 232 young Asian students from Japan, Korea, Vietnam, Thailand, China, Indonesia, etc. regarding the human rights declaration items and their implications, as well as new hypothetical items that they would like to see recognized as human rights. The results demonstrate stronger support for 15 out of the 21 surveyed items by all respondents, as well as stronger support for 10 out of the 21 items by female respondents. These results suggest a variable expansion in the breadth of the human rights concept which is worthy of further research. Also, gender inequality may be the basis for the stronger support of certain human rights by female respondents.

Freedom of Expression/Right of Information in Relation to the Protection of Personal Data in the Framework of Globalism in Albania

Freedom of expression and the right to information are fundamental rights of citizens everywhere in the world, including our country Albania, where these rights are sanctioned both in the Constitution and in other international acts, such as the European Convention of Human Rights (ECHR) and the Universal Declaration of Human Rights (UDHR) which are an inseparable part of our legal system. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024

The case for universal artificial intelligence declaration on the precedent of conflict of interest

The case for universal artificial intelligence declaration on the precedent of conflict of interest

Safety, professionalism and excellence in Anesthesiology

Anesthesiology is a safe science and a professional status of medicine that implies safety, excellence and professionalism that guarantees each patient that there will be no harm to their physical, emotional and social integrity. This is an ideal goal, not easy to achieve and for which each anesthesiologist must acquire scientific knowledge, develop increasing skills and empathy during their professional practice. Reducing the current morbidity and mortality figures in anesthesiology requires a high concept of professionalism that includes our responsibilities as doctors, as members of a civil society attached to the Universal Declaration of Human Rights where medical care is our responsibility. As anesthesiologists we are obliged to ensure the well-being of our patients, observing the highest level of professional quality.

Application of forensic analysis methods in the field of investigation of recruitment of people for sexual slavery abroad

The article is dedicated to the analysis of the human trafficking problem, with a focus on sexual exploitation as one of the main forms of this crime. The author examines this issue from various aspects, particularly through the lens of statistical data, legislative norms, and investigative methods. Special attention is given to the situation in Ukraine, where human trafficking, exacerbated by the full-scale war with Russia, remains an extremely relevant and complex problem. Prior to the conflict, Ukraine ranked 49th among 167 countries in the prevalence of modern slavery. However, due to recent events, the scale and prevalence of this crime have significantly increased. Utilizing statistical data from the National Police of Ukraine, the article points out the high latency of this crime and the significant proportion of sexual exploitation among human trafficking cases. In the context of legal regulation, the author analyzes international and national normative acts that prohibit slavery and human exploitation. In particular, attention is drawn to Article 4 of the Universal Declaration of Human Rights and the relevant articles of the Criminal Code of Ukraine. The article describes how human trafficking is conducted both at the national and transnational levels, with an emphasis on the difficulties of detection and investigation of such crimes due to their hidden nature. It is noted that the investigation of such crimes requires the use of two methods of inquiry: information from witnesses and victims, which can be less effective, and data from operational-search activities, which provides maximum efficiency. For investigating offenses related to sexual exploitation abroad, criminal analysis methods are used, including the analysis of connections, events, departmental, and open-source information. The author emphasizes the importance of using innovative technologies, particularly artificial intelligence and multimodal models based on machine learning, for more effective detection and counteraction of the crime of human trafficking. It is underscored that such technologies can complement traditional investigative methods, providing the ability to better analyze collected information and identify potential victims and criminals. The author of the article calls for attention to and resolution of the human trafficking problem in Ukraine and emphasizes the necessity of adhering to international and internal norms to combat this crime.

Implementation of the provisions of the Universal Declaration of Human Rights in the mechanism of constitutional and legal responsibility in Ukraine

Implementation of the provisions of the Universal Declaration of Human Rights in the mechanism of constitutional and legal responsibility in Ukraine

La fraternidad: de principio olvidado a motor de las dinámicas sociales

In referring to freedom, equality, and fraternity, the triptych of the French Revolution introduced these principles into political categories. The history of the three has followed autonomous paths. Fraternity developed together with cristianitas, before freedom and equality reached maturity as categories, though. The development of the principles of freedom and equality occurred at the eclipse of fraternity. The Universal Declaration of Human Rights puts together the triptych once more and demands that we confront a catalog of unalienable and indisputable rights. For this purpose, it is necessary to submerge ourselves into fraternity roots and essence, which does not exclude conflict, but provides methods for overcoming or living healthily together with it.

Prevención en el neonato de enfermedades que cursan con daño cerebral irreversible, derecho humano

Since the 1960s, my scientific activity has focused on the diagnosis and treatment of metabolic diseases, rare pathologies which, in some cases, cause irreversible brain damage. “Irreversible” is the word that should trigger all preventive efforts and ensure widespread screening. Its prevention implies early diagnosis and treatment. The fundamental objective was to detect avoidable hereditary diseases in newborns, which generally lead to irreversible mental retardation. In a short time, accompanied by the “luck of the bold”, we detected a first case of phenylketonuria and the pilot plan was set up, which led to its successive implementation throughout Spain and participation in specialised international meetings was initiated, as well as biochemical and genetic research, to contribute to scientific knowledge of such an important aspect of preventive medicine. As with any social, environmental or clinical phenomenon, it is necessary to apply treatment in time before the alteration that is to be avoided occurs, particularly when irreversible situations are involved. On several occasions I have referred to the need to act in a timely manner in order to stop the process at stages prior to the point of no return (ethics of time). Every day I feel more and more strongly, and I try to express it in this way, that the search for, dissemination and application of knowledge is the most beautiful task offered to man’s terrible perplexity, astonishment, doubt and fear. I remember that a few months after finishing my degree in Pharmacy, when I was starting to work in Prof. Santos Ruiz’s laboratory, I visited an institution for the mentally handicapped. There, on that day, many things in my life took root. Other things were erased by the force of that memory. And the feeling that it is necessary to contribute to alleviating and making the life of man, the only being aware of the great gift of life, more bearable, became more intense and urgent. In 2023, on the 75th anniversary of the Universal Declaration of Human Rights, I proposed to the United Nations, through its High Commissioner for Human Rights, Mr. Volker Turk, the recognition as a human right of the prevention of diseases that cause irreversible neurological damage and requested their help in the processing of this new human right. We then asked all governments, institutions and scientific societies to support the proposal to declare as a human right the prevention through neonatal screening of pathologies in which irreversible damage can be avoided through early treatment. It is now necessary to promote a conscious citizenship that is not a spectator of what is happening, but an actor for the progressive and urgent elimination of risks that affect humanity without further remedy. At last, human beings are gradually recognising that they are equal in dignity and can express themselves freely. Now we can. Now we must. The creative capacity that distinguishes the human species encourages us and gives us hope.

The right to science or to Wissenschaft? Five lessons from the travaux préparatoires

This article identifies novel insights from a detailed analysis of the travaux préparatoires of the right to science provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It makes five main contributions. First, it demonstrates the bidirectional influence between the UDHR and the earlier American Declaration of the Rights and Duties of Man in the formulation of the right to science, as opposed to unidirectional borrowing. Second, it traces the origins of Article 15 ICESCR to the UNESCO Constitution and argues that Article 15, specifically subclauses 2–4, were intended as implementation measures, though Article 15(3) was elevated into a separate and additional obligation due to its perceived importance for scientific and creative progress. Third, it clarifies an apparent conflict between drafting history and subsequent instruments concerning scientific purpose by distinguishing the development and use of science. Fourth, it suggests facilitating the search for truth as an unarticulated object and purpose of these provisions. Finally, it shows that many drafters acknowledged a broad scope of ‘science’ beyond the natural sciences. Overall, this article elucidates overlooked aspects of the travaux to inform contemporary debates on this important yet obscure right.

Social Planning for Ageing Within the Framework of the Decade of Healthy Ageing (2020-2030)

Objective: The objective of this study is to investigate ageing planning with the aim of finding out the convergence with the guidelines of the Decade of Healthy Ageing. Theoretical Framework: This theme presents the main concepts underpinning the research such as the paradigms of active and healthy ageing, the principles set out in the Universal Declaration of Human Rights and others, such as the Decade of Healthy Ageing 2020-2030 adopted by the United Nations Assembly in 2020. These provide a solid basis for understanding the context of the research. Method: The methodology adopted consisted of a documentary analysis of the planning instruments on ageing developed by the Autonomous Communities of Spain. The analysis focused on the principles, lines, objectives and measures, and their alignment with the United Nations document. Results and Discussion: The results revealed a high level of consensus among the principles identified by the UN (1991). A high level of convergence was also found between the Decade of Healthy Ageing 2020-2030, the Spanish National Strategy (IMSERSO, 2017) and regional planning. Research Implications: The results of the research can be applied to the design of public policies aimed at promoting active and healthy ageing. Originality/Value: This study contributes to the strengthening of social intervention in the promotion of active ageing. The work is innovative in analysing regional policies with reference to the Decade. The relevance and value of the work is evidenced in the recognition of the need for comprehensive and interdisciplinary approaches.

Deepening the Case for Egalitarianism in the International Order: A Comparative Perspective

Abstract This essay appraises the commemoration of the 75th anniversary of the Universal Declaration of Human Rights in 2023 presents a watershed to reflect on the promises and problems of implementing the international human rights agenda. It posits that the time is ripe to accelerate progress on this fundamental global governance technology by reaping historic lessons that are reshaping international relations in the contemporary arena. This is with a view to mitigate complex ambiguities and contradictions which hamstring the mobilization of meaningful solidarity and will power that are necessary for cooperation among states to help evolve a more secure, peaceful, and prosperous world. In this light, the essay articulates the institutionalization of the international human rights regime as approximating a proxy for equality as a core value to strengthen the global common good. Building on this formulation, it proffers inequality as a warning system that is useful to radically rethink conventional pathways that compromise the international security architecture. Zeroing in on Africa as an instructive frame of reference, the essay explores how unfolding opportunities for urgent multilateral action might nurture innovative solutions to wage a sustainable war against cross-pollinating vulnerabilities that are decisively fueling insecurities and escalating future uncertainties.

Healthcare support for ukrainian refugees in the Czech Republic: a literature review

The article focuses on the analysis of "most common methods providing health care to migrants and refugees and on the other hand on the analysis of "most common health problems" of refugees and migrants especially in Europe after the outbreak of war in Ukraine. Stemming from the conflict since 2014, it has triggered the most significant wave of refugees in contemporary history. The method of analysis is a "literature review" created from available sources in Medline, Scopus, PubMed, and Web of Science, focusing on data systematization within the GAJU 101/2022/S project funded by the South Bohemian University in České Budějovice, Czech Republic. The search strategy included keywords such as "Ukrainian migrants," "refugees," "health data," "central registry," "healthcare crisis," and "aid provision," employing logical operators. We examined 41 literary sources from both Czech and international publications, as well as official institution websites. The study identifies the complex interplay between migration and health, revealing diverse needs among migrants and refugees. It emphasizes the necessity of developing effective healthcare policies, particularly in crisis situations. Understanding the implementation of legal provisions for healthcare access is crucial for adapting healthcare systems in Europe. Upholding the principles of the Universal Declaration of Human Rights during information gathering ensures equal access to medical assistance regardless of individuals' status or financial standing. Therefore, further research in this direction should not only deepen our understanding of the migration-health relationship but also translate knowledge into policies for improving healthcare conditions for migrants and refugees in Europe.

Maintaining Dignity and Autonomy in the Process of Aging

For decades, research has shown that ageism undermines older adults’ mental and physical health by implying they are less capable and worthy of care. The preservation of dignity and autonomy when confronted by a declining capacity for autonomous decision making due to physical or cognitive disability is difficult and can create personal and ethical dilemmas for providers and patients. It is projected that by 2050, 22.5% of the North American population will be over 65. In addition, statistics show that by 2060, 13.9 million Americans aged 65 and older are projected to be diagnosed with Alzheimer's disease and related dementias. The incidence for mild cognitive impairment (MCI) or mild neurocognitive disorder may be twice as high as dementia. The Universal Declaration of Human Rights adopted in 1948 states that all people are "free and equal in dignity and rights". However, this concept has not been implemented for all older adults especially those with cognitive impairment. Therefore, it is even more critical that mental health providers use their voice to educate people about the negative impact of ageism and advocate for older people in clinical settings.This workshop challenges conventional thinking about our aging population and moral concepts related to ageism, justice, and maintaining dignity and autonomy. This presentation will provide information on how to foster intergenerational solidarity that reduces ageism and benefits people of all ages. The presenters will discuss how autonomy plays a key role in this solidarity as it implies responsibilities as well as rights. In addition, a discussion of ethical theories which suggest that older adults are morally obligated to be productive with their talent and professions will be explained. Residents in long-term care are even more likely to be impacted by ageism as the prevailing belief in our culture is that life lived in independence is of more value than life lived in a facility. The workshop will discuss how providers who work in long term care can support residents and try to ensure their decisions and behaviors are as free from bias as possible. The presenters will use real life case scenarios to engage participants and facilitate learning about these issues.

CYBER INFRINGEMENTS: ANALYZING JUDICIAL AND LEGISLATIVE SAFEGUARDS FOR WOMEN'S PRIVACY RIGHTS IN INDIA

Privacy is one of the necessary requirements that cannot be arbitrarily implemented in any society. People in the same continent may understand privacy as an individual right to privacy in different ways. Appreciation of privacy at global level can be interpreted in Universal Declaration of Human Rights as a liberty right, which is an inherent part of the mankind. With that is evident that privacy violation is not limited to the physical spaces; rather, a person can be violated in all types of computer media. As dependency on internet grows and, therefore use of virtual modes, there are several considerations since people may not be prepared for new technologies I n performing everyday tasks. The matter becomes more complicated when privations are committed against the most helpless in the society. Women and sexual minorities take most of the heat of privacy violations since the society today is embedded in a patriarchal system. Women may face various other sub-violations on the internet which may be included under the title of Technology Facilitated gender-based violence (TFGV). Infringement of privacy is a violation of fundamental rights as recognized under the right to life and personal liberty but privacy violations that take place on digital platforms is not acknowledged and recognized yet. Women are vulnerable to a range of sub-violations, referred to as Technology Facilitated Gender-Based Violence while using the internet. Infringing on someone's privacy is a violation of their fundamental rights, such as the right to life and personal liberty. However, privacy violations that occur on digital platforms are yet to be fully recognized and acknowledged. It is imperative to address these issues to ensure that women are safe and secure while using digital platforms. In this paper, research examines the adequacy of current Indian legal frameworks in protecting women's privacy in digital spaces. Its purpose is to propose legal reforms that enhance the protection of women's digital privacy rights, taking into account global standards and best practices. The research objectives underscore the discrepancies between statutory provisions and their practical enforcement, offering a critical analysis of the existing legal framework and proposing enhancements to more effectively safeguard women against cybercrimes.

PRIVACY OF CRYPTOCURRENCY USERS ON LEGAL AND NORMATIVE GROUNDS – AN OUTLINE OF CHALLENGES AND PROBLEMS IN POLAND

The article presents a limited outline of challenges and problems regarding the protection of privacy of cryptocurrency users in Poland. This text aims to answer the question about the scope of protection of the right to privacy guaranteed to cryptocurrency users and about the permissible limits of state interference. Among the challenges identified for the purposes of the analysis, the following should be distinguished: (1) problems resulting from the very nature of the community and the lack of trust in state institutions; (2) technological limitations in violating users’ privacy; (3) regulation of the functioning of exchange entities and legal obligations related to the KYC procedure. The analysis material consists of the provisions of: the Universal Declaration of Human and Citizen Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights and the Constitution of the Republic of Poland, where Article 47 is the lex generalis for other privacy standards.

RIGHT TO EDUCATION AS A HUMAN RIGHTS - CONSTITUTIONAL AND LEGAL OUTLOOK

Education is a strong foundational democratic value of continuous universal significance. It is the best platform for acquiring the skills, techniques, information and respect for the duties. The magnitude of the importance of education in life is multi-fold. Education is like the right to life as it is the mother of realizing other human rights. In the 21st Century worldwide activities are running on the wheels of education. To live a dignified life, education leads the way. The Universal Declaration of Human Rights declares that "Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory." "Parents have a prior right to choose the kind of education that shall be given to their children." The International Covenant on Economic, Social and Cultural Rights says "Primary education shall be compulsory and available free for all." The right to education has been recognized as a constitutionally protected fundamental right in India. In Unni Krishnan Case (1993), the Supreme Court declared that the ‘right to education’ is part of the right to life under Article 21 of the Constitution of India. In 2002 through the Eighty-Sixth Constitutional Amendment Act, Article 21-A was inserted. Article 21A ‘requires the state to provide free and compulsory education of all children between the ages of six and fourteen in such a manner as the state may determine’. In 2009, the Indian Parliament enacted the Right of Children to Free and Compulsory. Education Act [RTE Act]. The Act aims to provide “free and compulsory education to all children of the age of six to fourteen years. The International Human Rights Bill and Constitution of India tries its best to ensure availability, accessibility, acceptability, adaptability of the right to education. The Article seeks to highlight various provisions related to right to education in international law and domestic law along with judicial interpretation. The authors also try to highlight the features of the Right to education Act, 2009.

RIGHT TO EDUCATION AS A HUMAN RIGHTS - CONSTITUTIONAL AND LEGAL OUTLOOK

Education is a strong foundational democratic value of continuous universal significance. It is the best platform for acquiring the skills, techniques, information and respect for the duties. The magnitude of the importance of education in life is multi-fold. Education is like the right to life as it is the mother of realizing other human rights. In the 21st Century worldwide activities are running on the wheels of education. To live a dignified life, education leads the way. The Universal Declaration of Human Rights declares that "Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory." "Parents have a prior right to choose the kind of education that shall be given to their children." The International Covenant on Economic, Social and Cultural Rights says "Primary education shall be compulsory and available free for all." The right to education has been recognized as a constitutionally protected fundamental right in India. In Unni Krishnan Case (1993), the Supreme Court declared that the ‘right to education’ is part of the right to life under Article 21 of the Constitution of India. In 2002 through the Eighty-Sixth Constitutional Amendment Act, Article 21-A was inserted. Article 21A ‘requires the state to provide free and compulsory education of all children between the ages of six and fourteen in such a manner as the state may determine’. In 2009, the Indian Parliament enacted the Right of Children to Free and Compulsory. Education Act [RTE Act]. The Act aims to provide “free and compulsory education to all children of the age of six to fourteen years. The International Human Rights Bill and Constitution of India tries its best to ensure availability, accessibility, acceptability, adaptability of the right to education. The Article seeks to highlight various provisions related to right to education in international law and domestic law along with judicial interpretation. The authors also try to highlight the features of the Right to education Act, 2009.