scholarly journals Os replicantes de nosso tempo – a violência estatal e a negação da igualdade e dignidade humana a partir da perspectiva da teoria crítica e da distopia na ficção científica / The replicants o four time – state violence and denial of equality and human dignity from the perspective of critical theory and dystopia in science fiction

2017 ◽  
Vol 13 (3) ◽  
pp. 277
Author(s):  
Nelson Camatta Moreira ◽  
Ronaldo Felix Moreira Júnior
Keyword(s):  
Human Rights ◽  
Critical Theory ◽  
Science Fiction ◽  
Human Dignity ◽  
State Violence ◽  
The State ◽  
Fundamental Rights ◽  
De Se

RESUMOO texto apresentado tem como foco a relação entre teoria crítica dos direitos humanos e a literatura especulativa, esses temas estarão voltados a apontar a constante violação a direitos como dignidade e igualdade realizada pelo próprio estado contra os grupos periféricos do país. Uma análise desse fenômeno será então apresentada juntamente a narrativas no cenário da ficção para que se possa responder à indagação a respeito da possibilidade de se tratar desse gênero literário e cinematográfico em conjunto com a mencionada teoria crítica para compreender o tratamento dado aos direitos fundamentais e apontar a existência de violações. Palavras-chave: Direitos humanos; Ficção científica; Teoria crítica.  AbstractThe presented text is focused on the relation between critical theory of human rights and speculative literature; these issues will focus on the constant violation of rights to dignity and equality held by the state itself against the peripheral groups of the country. An analysis of this phenomenon will be presented along with the narrative in fiction scenario in order to answer the question about the possibility of managing with this literary and cinematic genre and the mentioned critical theory to understand the treatment of fundamental rights and point out the existence of its violations. Keywords: Human rights; Science fiction; critical theory. 

scholarly journals Human dignity in the light of the Constitution, human rights and bioethics

2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Solidarity ◽  
Human Beings ◽  
The Social ◽  
The World ◽  
The Right

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  

scholarly journals Penal Measures and Policies Governing the Phenomenon of Human Trafficking with a Look at International Documents

2016 ◽  
Vol 9 (6) ◽  
pp. 68
Author(s):  
Ahmad Purebrahim ◽  
Iraj Goldozian
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Social Life ◽  
Human Growth ◽  
Fundamental Rights ◽  
Human Society ◽  
Social Situations ◽  
Theological Virtues ◽  
Important Position ◽  
International Instruments

Human dignity, and respect and commitment to it, is considered as one of fundamental principles of divine religions and international instruments on human rights. Benefit from valuable moral and theological virtues in order to provide of human growth and development exclusively is in the light of fundamental rights and the principle of preserving human dignity. Accordingly, today the concept of human rights and commitment to follow it in the international and national legal systems has a very important position. Rejection of all forms of exploitation humiliation and torture is one of the first underlying layer of human rights which known as negative human rights or social Don'ts. Although as the interpretation of the famous French philosopher Jean-Jacques Rousseau in the eighteenth century, human is born free but in the process of social life and adapting to social situations in different ways to be distracted from their pure nature. Countless people in the world today are subject to oppression, even are subject to varying degrees of slavery instances including humiliation and degradation and prostitution. This research attempts to analyze the irreparable consequences of this phenomenon on human society, and also to look beyond national and transnational criminal measures and policies on this phenomenon.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Problem of Statelessness in Nepal

NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Universal Principle ◽  
Legal Obligations ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

scholarly journals More Disagreement Over Human Dignity: Federal Constitutional Court's Most Recent Benetton Advertising Decision

2003 ◽  
Vol 4 (6) ◽  
pp. 533-539
Author(s):  
Craig Smith
Keyword(s):  
Human Dignity ◽  
Third Reich ◽  
The State ◽  
Fundamental Rights ◽  
The Third ◽  
Federal Constitutional ◽  
Charter Of Fundamental Rights ◽  
The Third Reich ◽  
The Many

Article 1 is the Basic Law's crown. The concept of human dignity is this crown's jewel: an interest so precious that the state must affirmatively protect and foster its inviolability. This uniquely important status is evident from human dignity's prominence in the constitution, the early Federal Republic's pressing need to repudiate the Third Reich, the many judicial and scholarly exegeses of Article 1, and human dignity's unique claim to absolute protection. The success of the German legal construct of human dignity also is apparent from its influence on the European Union's Charter of Fundamental Rights. That document likewise begins with a provision nearly identical to the Basic Law's Article 1.

scholarly journals REVITALISASI MAQÂSHID AL-SYARÎ’AH DALAM ISTINBÂTH HUKUM ISLAM: KAJIAN ATAS PEMIKIRAN MUHAMMAD AL-THÂHIR IBNU ‘ÂSYÛR

2017 ◽  
Vol 14 (1) ◽  
pp. 48
Author(s):  
Ainol Yaqin
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Human Dignity ◽  
Islamic Law ◽  
The State ◽  
Legal Research ◽  
Personal Rights

The essence of human rights is to protect and ensure the glory and dignity of people. So it becomes important human rights principles stipulated in the legislation in order to guarantee the state of human rights can be implemented optimally. However, there are some parties who deliberately rammed by the Islamic Human Rights as a product of the Liberals are opposed to the  Sharia. In fact, both Islam and human rights, aimed at ensuring the glory and dignity of man as the principles “maqhasidu al-syari’ah” are the main objectives the implementation of Islamic law. This paper aims to prove that human rights are not contrary to Islam because it has been expressly stipulated that one-on-one purpose in religion is upholding human dignity. This paper uses legal research methods that reveal the fact that Islam protects personal rights of his people so that the necessary regulatory and enforcement of human rights in the Indonesia. Tulisan ini terfokus mengkaji pemikiran Ibnu âsyûr tentang maqâṣid al-syarî’ah. Sebagai pemikir islam kontemporer ibnu âsyûr berupaya merumuskan maqâṣid al-syarî’ah menjadi disiplin ilmu yang mandiri dan pertimbangan utama dalam pegistinbathan hukum islam.Konsep independensi maqâṣid al-syarî’ah sebelumnya memang sudah digagas oleh al-syâthibî, namun Ibnu ‘âsyûr memperkokoh dan mempertegas kembali urgensi maqâṣid al-syarî’ah sebagai suatu disiplin ilmu.Menurutnya, ada empat unsur yang paling mendasar dalam pondasi bangunan maqâṣid al-syarî’ah, yaitu al-fithrah, al-musâwah, al-samâhah dan al-hurriyah.Keempat unsur ini mesti mendapat perhatian dan pertimbangan dalam proses pergumulan teks dan konteks realitas kekinian untuk melahirkan diktum-diktum hukum yang berkemashlahatan. Bagi ibnu ‘âsyûr, secara umum berdasarkan pengkajian atas dalil-dalil al-qur’an dan kasus-kasus parsial menunjukkanbahwa tujuan pensyari’atan hukum islam adalah memelihara sistem/tatanan kehidupan umat manusia dan kelestarian kemashlahatan itu dengan cara menjaga kemashlahatan manusia itu sendiri yang meliputi mashlahah akal, perbuatan dan alam dimana ia hidup. Dengan demikian maka bisa dikatakan kaidah umum dalam syari’at islam adalah untuk mewujudkanmashlahah dan menolak mafsadah.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

scholarly journals Analysis of the legal positions of the European Court of Human Rights on the application of the euthanasia procedure

2021 ◽  
pp. 107-112
Author(s):  
O.O. Shafi ◽  
K.V. Lyashenko
Keyword(s):  
Human Rights ◽  
Life Support ◽  
Individual Case ◽  
The State ◽  
Private Life ◽  
Fundamental Rights ◽  
European Convention ◽  
Role Of The State ◽  
European Court ◽  
Artificial Life Support

The article examines the problems of euthanasia and the realization of the human right to suicide with the help of others in the context of the European Convention for the Protection of Human Rights and Fundamental Rights, the case law of the European Court of Human Rights. The authors focused on finding the necessary compromise between protecting the patient's right to life, which is a positive commitment of the state, and protecting the patient's right to respect for private life and individual independence. The main positions of the European Court of Human Rights on the possibility of use in euthanasia and in which cases are analyzed step by step. In each case, it was described under what conditions the applicants had applied to the Court and what the difference was between the cases. It is emphasized what the Court relied on in resolving each individual case. It is stated how the Court interprets the possibility of applying Article 2 of the Convention in a negative light and in what cases and under what conditions the Court considers it necessary to apply the principle of “ratione personae”. It is indicated what is the main difference between active and passive euthanasia, and in which countries any of the forms of termination of life of a sick person is allowed, regulated and clearly regulated. It is noted that the issue of application or discontinuation of treatment was considered taking into account many objective factors that are taken into account in each case. Also, attention is paid to the analysis of the court's position on the importance of the role of the state in matters of termination of life, where countries should be given discretion in deciding on disconnection from artificial life support. Separately, the main risks of legitimizing euthanasia are emphasized, in particular, the authors point to the need to improve and comply with the imperative norms in each country to ensure the fulfillment of the positive responsibilities of each state.

scholarly journals Atikel

2021 ◽  
Author(s):  
Elinda dwi sari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Present Information ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Health Rights ◽  
Basic Standards ◽  
Dignified Life

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.

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