Protection of the heritage of indigenous people
In: Human rights study series 10
1058920 results
Sort by:
In: Human rights study series 10
Problem setting. Although modern humanity has proclaimed the universality of human dignity and desperately upholds this value, which is fully in harmony with freedom, equality andfraternity, the truth is that in reality it has not yet been able to go beyond the status of a citizen of the nation state in its legal and political conventions. . In this sense, a very important issue is the representation of the real situation around the categories of «universal citizenship», «human rights» and «globalization» in the midst of the geopolitical conflict in Latin America caused by the persecution of 21st century socialism. Paper objective. This critical essay aims to discuss the real significance of such political and legal categories as «universal citizenship», «human rights» and «globalization» in the midst of the geopolitical conflict that led to the persecution of 21st century socialism in Latin America. Methodology. The methodologicalfield of the research uses documentary observation and dialectical hermeneutics, which help to compare and reconcile categories with different semantic contexts to reconstruct their true meaning. The technique of writing this research was the methodological procedure of the hermeneutic circle, which is a sequential analysis of numerous written documentary sources, combined in a kind of dialogic context with hidden messages that can be read between the lines, as well as interpretive theories and critical thinking. Paper main body. There is much in common between the contemporary political and philosophical programs of the Western cultural space, ofwhich Latin Americans are a part, and the ideas of universal citizenship, globalization, and human rights in a spirit of deep militant universalism that function fully today not only as abstract theories at the disposal of peoples and nations who continue to work to improve their living conditions and strengthen their freedom to exist and act in a better world. As for the tradition of human rights as a modern expression of natural law, it ...
BASE
In: Religion and global politics series
In: Oxford scholarship online
The literature that explores the compatibility of Islam and human rights is torn between one approach that focuses on reinterpreting Islamic scripture and another that concentrates on reconfiguring Muslim sensibility. Since one cannot be understood without the other, both approaches fail to account for change within their respective domains. In this book, Islam and human rights scholar Ozcan Keles examines how social movement practice unknowingly and unintentionally produces Islamic knowledge on human rights (i.e., change) in both scriptural reinterpretation and societal disposition, through a focus on the interaction between the two.
In: 51 University of the Pacific Law Review 667 (2020)
SSRN
In: Duke Law School Public Law & Legal Theory Series No. 2018-45
SSRN
Working paper
In: Politics & policy: a publication of the Policy Studies Organization, Volume 30, Issue 3, p. 552-562
ISSN: 1555-5623
In: Transnational Dispute Management (TDM) Special Issue "Aligning Human Rights and Investment Protection" (2013) Vol. 10, Issue 1
SSRN
The purpose of this study is to examine human rights as a factor in Canada-China relations, especially in the context of the Tiananmen Square massacre of June 1989. Chapter One explores differing Canadian and Chinese perspectives on human rights and discusses the concept of "first priority rights" as a basis for formulating Canada's human rights policies towards China and other countries. Chapter Two traces the development of Canada-China relations, especially from 1970 to 1989, and discusses the evolution of the theme of human rights in Canadian foreign policy. Chapter Three explores the specifics of the Canadian response to the Tiananmen Square massacre. Chapter Four details the implementation of the Canadian measures as described in the preceding chapter, while Chapter Five attempts to account for the Canadian government's unwillingness to fully execute its stated plan of action directed against the Chinese government. Chapter Six, summarizes the findings and sets out some prescriptions for Canada's China policy. (Abstract shortened by UMI.)Dept. of History, Philosophy, and Political Science. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis1993 .G42. Source: Masters Abstracts International, Volume: 32-06, page: 1561. Adviser: T. A. Keenleyside. Thesis (M.A.)--University of Windsor (Canada), 1993.
BASE
The article analyses the practice of using general theoretical provisions, studied within the discipline «General Theory and Philosophy of Law», in the argumentative parts of court decisions. The decisions of the European Court of Human Rights, the Constitutional Court of Ukraine as well as the Supreme Court were chosen as the objects of the research. It is established that in its decisions, the European Court of Human Rights often uses such theoretical constructions as «legal guarantees of human rights», «limits of using human rights» and «legal relations» as a component of argumentation, defines quality criteria of legislative acts and approaches to the interpretation of evaluative concepts. Interpreting constitutional norms, the Constitutional Court of Ukraine operates with such general theoretical provisions as «social state: concept and features», «rule of law: concept and elements», «legal regulation of public relations», «legal acts: concept, types», «legality», «validity and direction of normative legal acts action». Such institutions of general theory of law as «collisions of legal norms and ways to overcome them», «gaps in legislation and ways to overcome them», «hidden shortcomings of normative legal acts of Ukraine and ways to overcome them» have been chosen for argumentation in the decisions of the Supreme Court.Attention is drawn to the fact that the court practice simultaneously illustrates the need to develop general theoretical provisions and their adaptation to the needs of direct law enforcement. The proposal to introduce a separate topic of legal technique into the course of general theory and philosophy of law is substantiated. This topic should cover three main types of legal techniques: norm drafting, law interpretation and law enforcement. Emphasis is placed on the importance of studying the topic «Defects in normative legal acts: concept, types, methods of elimination and overcoming». In particular, it should formulate a theoretical model of the hierarchy of ways to overcome collisions and inconsistencies between legal norms.It is proposed to expand the study of such general theoretical blocks as «Legal guarantees and limits of using human rights», «Legal acts», «Quality of legislative acts», «Interpretative legal acts». The opinion is expressed about the expediency of studying a new topic «Legal Argumentation» within the general theory of law.The necessity of normative consolidation of basic provisions of the general theory of law, in particular in the laws on normative legal acts or principles of law-making is pointed out. ; Проаналізовано практику використання у мотивувальних частинах судових рішень загальнотеоретичних положень, що вивчаються у межах навчальної дисципліни «загальна теорія та філософія права». Об'єктом дослідження обрано рішення Європейського суду з прав людини, Конституційного Суду України та Верховного Суду. Встановлено, що в актах судового правозастосування найчастіше як компонент аргументації використовують положення з таких тем, як «права людини», «чинність правових актів», «правовідносини», «застосування права», «тлумачення права». Запропоновано розширити вивчення таких загальнотеоретичних блоків, як «юридичні гарантії та межі здійснення прав людини», «правові акти», «юридична техніка», «подолання та усунення недоліків законодавста». Висловлено думку про доцільність вивчення нової теми «правова аргументація».
BASE
In recent years, the Court of Justice of the European Union (CJEU) was criticized for judicial activism and such critics are far from new. This criticism is gaining momentum when the role of the European Union (EU) and its judicial system is examined in member-states. More and more national supreme courts and constitutional courts have criticized the CJEU not only for its activity, but also for its poor technical competence in some judgments. The paper aims to elaborate this issue, to identify the reasons and to give its own perspective on the future of the EU judicial system, which under the Lisbon Treaty has undergone several reforms, especially in the way the judges are elected, the number of judges in the General Court, the dissolve of specialized courts, etc. Although there is little ground for criticism of judicial activism, the CJEU itself is careful not to be involved in such a thing. Furthermore, the criticism that the CJEU has a deficiency of technical competence gives greater importance to activism, having in mind some national judgments or the opinions of General Advocates. This issue is related to the reform of the organization and the management of the CJEU to better meet the needs of the parties, national courts and citizens. The paper concludes that the CJEU needs to focus more on its core function by concentrating on substantive issues and possibly returning to the three-tiered judicial system.
BASE
In: International human rights law review, Volume 10, Issue 1, p. 40-74
ISSN: 2213-1035
Abstract
The living instrument doctrine of the European Court of Human Rights (ECtHR) is criticised as restricting the margin of appreciation of States and expanding the scope of the European Convention on Human Rights (echr). Systematic examination of this claim is usually overlooked in the context of the relationship between the admissibility and merits phase of ECtHR cases. This article considers this claim in the context of jurisdictional arguments on incompatibility ratione materiae (subject matter outside the scope of the Convention) and the link to the merits of the case. Case law of the ECtHR from January 1979 to December 2016 is assessed to elaborate four models of interaction between the margin of appreciation and living instrument doctrines. The article argues the need to go beyond consideration of expansion and restriction of the scope of the echr, and to assess the Court's appetite for allocating new duties to States based upon the case arguments and positioning of living instrument and margin of appreciation doctrines.
In: Meždunarodnoe pravosudie, Volume 1, Issue 17, p. 95-103
In: International journal of human rights, Volume 28, Issue 2, p. 177-196
ISSN: 1744-053X
In: Buntinx , A-C & Colli , F 2021 , ' Moral policy entrepreneurship: the role of NGOs in the EU's external human rights policy towards China ' , Journal of Contemporary European Studies . https://doi.org/10.1080/14782804.2021.1963688
Although it is acknowledged that NGOs play an important role in the EU's policymaking, their role in external action is less studied due to the often closed-off character of foreign policymaking. This study helps to fill this gap by analysing the role of NGOs in the EU's external human rights policy towards China regarding the Xinjiang crisis. It is based on a content analysis of EU and NGO documents, as well as interviews with EU and NGO representatives. We find that NGOs act not just as policy entrepreneurs, but as moral policy entrepreneurs: they combine expertise with moral arguments about the EU's responsibility as a human rights leader to push the Xinjiang crisis higher on the EU's agenda and guide its response.
BASE
In: Common market law review, Volume 48, Issue 2, p. 439-474
ISSN: 0165-0750