Suchergebnisse

Maģistra darba tēma "Vārda brīvības izpratnes veidošanās īpatnības Latvijā" ir izvēlēta, lai pētītu vārda brīvības attīstību Latvijā tiesību filozofijas aspektā. Antīkie filozofi Platons un Aristotelis pauž atziņas par brīvību, tajās vērojami vārda brīvības elementi. Antīko domātāju atziņu evolūciju par brīvību turpināja vācu klasiskās filozofijas pārstāvji Kants un Hēgelis, tālāk attīstot atziņas par brīvību un vārda brīvību. Vācu klasiskā filozofija bija viens no marksisma ideoloģijas avotiem – viens no PSRS Komunistiskās partijas ideoloģijas pamatiem, tāpēc vārda brīvības garantijas, formāli bija iekļautas padomju laika tiesībās, bet realitātē PSRS kā totalitāra politiskā režīma valstī to patiesa baudīšana tika liegta. Latvija ir viens no piemēriem, kad brīvība (vārda brīvība) no mazas attīstās uz arvien lielāku brīvību (vārda brīvību). Bez vārda brīvības nav personas brīvības. Brīvība ir neatņemams cilvēka cieņas elements. Pēc Kanta uzskata brīvība ir pirmā un vienīgā neatsavināmā tiesība, visas pārējās ir atsavināmas. Hēgelis attīsta atziņu, ka labāka ir runāšana, nevis klusēšana. Vācu klasiskās filozofijas pārstāvji pauž atziņas, no kurām secināms, ka, no vienas puses, brīvība ir cilvēka tiesība, bet no otras, tajā ir ieinteresēta arī valsts. PSRS laikā nevienā no "politiskajām prāvām" nevienam netika celta apsūdzība par vārda brīvības tiesību pārkāpšanu, tika piemērotas citas apsūdzības. Atslēgas vārdi darbā: vārda brīvība, brīvība, Latvija, cieņa, aģitācija. ; The topic of this master's thesis "Specifics of the evolution of the concept of the freedom of speech in Latvia" has been chosen to consider the evolution of the freedom of speech in Latvia in the aspect of the philosophy of law. Ancient philosophers Plato and Aristotle expressed their thoughts on freedom, which also contained some elements of the freedom of speech. The ideas of the ancient thinkers on the freedom of speech were further developed by Immanuel Kant and Georg Wilhelm Friedrich Hegel, philosophers of the German classical philosophy. German classical philosophy served as one of the sources of the marxist ideology, one of the basic elements of the ideology of the Communist Party of the USSR, and because of that guaranties of the freedom of speech were also declared in the Soviet law. In reality, in the USSR as a state ruled by a totalitarian regime, this right was denied to be implemented in practice. Latvia serves as an example of how freedom (freedom of speech) keeps developing all the time from a very low level towards more higher levels. Freedom of the individual cannot exist without freedom of speech. Freedom is an inalienable element of human dignity. In Kant's opinion, freedom is the first and only inalienable human right, all other rights are alienable. Hegel holds a view, that it is better to speak than to keep silent. It follows from the thoughts expressed by the representatives of the German classical philosophy, that, on the one hand, freedom is a human right, on the other hand, it is also in the interests of the state. In the Soviet period, in the "political cases" nobody was accused of the violation of the freedom of speech. Always some other accusations were invented. Key words in the thesis: freedom of speech, freedom, Latvia, dignity, propaganda.

Establishing the identity of the dead and the living person is an important element in the functioning of every society. Giving them names is respect for their dignity and a humane approach to every human being. As important as this sphere of life is the state institutions have worked out quite meticulous procedures to regulate the issue.

Establishing the identity of the dead and the living person is an important element in the functioning of every society. Giving them names is respect for their dignity and a humane approach to every human being. As important as this sphere of life is the state institutions have worked out quite meticulous procedures to regulate the issue.

"Really Fake takes up story, poetry, and other human logics of care, intelligence, and dignity to explore sociotechnological and politico-aesthetic emergences in a world where information overload has become a new ontology of not-knowing"--

In Art. 3, para. 5, the Treaty on European Union (TEU) lays down the objectives of the Union in relations with the wider world, which are further explained in detail in Art. 21. In the first place, para. 5 refers to the promotion of the Union's values. The list of values can be found in Art. 2 TEU ("The Union is founded on…"), which lists the principle of democracy, the rule of law and respect for human rights, human dignity, freedom and equality. They are to be upheld and promoted by the Union in the wider world. Thus, they are directly linked to external policy. Next, the list of values in Art. 2 is repeated in Art. 3, para. 5 as objectives of the Union's external policy and in Art. 21, para. 1 as principles. For this reason, international agreements concluded between the EU and third countries all contain a "human rights clause" as an essential element of the agreement, the violation of which might result in the suspension of the agreement. This article focuses on the human rights clause in relations between the EU and selected non-democratic Sub-Saharan African countries. The main legal basis governing bilateral relations between the EU and those countries is the Cotonou Agreement. The "human rights clause" is to be found in Art. 9 thereof. This clause is especially interesting since it is the only one that has been implemented in practice. Moreover, it is often presented as the most elaborate one, and as a consequence is very often shown as a "model" that should be followed in other international agreements, especially in association agreements. So, the "human rights clause" contained in the Cotonou Agreement has its own characteristic features. Firstly, as it was mentioned above, it is the only one that has been activated in practice. Secondly, the "non-execution clause" is much more detailed, and finally, much more emphasis is laid on political dialogue and on the consultation procedure. This paper provides a propaedeutic analysis of legal cooperation between the EU and selected non-democratic Sub-Saharan countries in the area of human rights protection. Its main objective is to answer the following questions: to what extent the EU cooperates with such countries? What are the issues the clause covers? Is it effective? To what extent could it be enhanced? For analysis, the following countries have been chosen: Chad, Ethiopia, Rwanda, Uganda, and Zimbabwe. According to the Freedom House's annual Freedom in the World report, the Global Freedom Scores for all these countries do not exceed 35 points, which equates to lack of democracy. Moreover, another feature which all of them have in common is a very low score on the Human Development Index (HDI), which means that all of them belong to the poorest and least developed countries in the world.

Churchs ministry is to stand in solidarity with the poor, oppressed and to safeguard creation. This call requires the Church which means all Christians to get involved in the worlds socio-political affairs. Consequently, the Church is and must be political in a broad and noble sense. A prophetic liberative mission of the Church includes promoting love, justice, solidarity and fraternity among the entire human family, defending the dignity of the human person in its fullness and safeguarding the integrity of creation in cooperation with all people of good will. The Church will be in position of supporting the just worlds socio-economic and political affairs, but will denounce unjust practices in any form that do not respect the dignity of the human person, destroying livelihoods of the poor or do not safeguard creation as common heritage of humankind. This is to be done without violating the principle of justice and of separation between religion and state.

To what extent has the right to access generic HIV medication been implemented in Kenya for the 1.6 million people living with HIV? How does this relate to the right to health under international and national law? This paper examines a constitutional challenge brought to the High Court of Kenya in 2009 (the 'Anti-Counterfeit Case') against the Anti-Counterfeit Act of 2008, which the petitioners, all of whom were living with HIV, argued would affect their ability to access affordable and generic antiretroviral medication. They argued that this would amount to a violation of their right to life, dignity, and health. This case is particularly interesting because the new Kenyan Constitution came into force in 2010, after the case had been filed, and specifically provided for the right to health for all of Kenya's citizens, as well as giving direct effect to all international laws ratified by the Kenyan government. This paper follows the Anti-Counterfeit Case, which includes amendments filed by the petitioners following the new constitutional changes, the arguments by the different parties in the case, and the inappropriateness of counterfeit laws as measures to control substandard and falsified medicine. The case has resulted in the suspension of significant parts of the Anti-Counterfeit Act that would pose a challenge to parallel importation, and to the court issuing a directive that the sections be amended. The judgment is examined in detail, as are the broader implications of this case for other countries in Eastern Africa. Adapted from the source document.

The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or "reconstructing" the social fabric that crime disrupts. In particular, reconstructivism is a social theory of the criminal law, prioritizing solidarity rather than a moral conception of the common good. Drawing from a line of thinkers, from Aristotle to Hegel to Durkheim, reconstructivism claims to be distinctive and uniquely equipped to explain what the criminal law is and what it should do, as opposed to retributivist or utilitarian based theories. It claims to more richly account for the social effects of punishment that plague the current system, unlike duty-based theories of retribution and the cold instrumentality underlying utilitarian-based punishment that has made criminal justice impersonal and shortsighted. This Article critiques reconstructivism's core claims and presents an alternative theory of punishment that contains insights for the current moment. While reconstructivism critiques the failures of common punishment theories to account for the social nature and effects of punishment, it fails to account for forms of retributivism that are not deontological. In particular, teleological retributivism, or more simply phrased, "restorative retributivism," already contains the descriptively and normatively restorative elements present in reconstructivism. Its conception of the common good rests on the inherently social nature of human affairs and accounts for the solidarity prioritized by reconstructivism. Whereas the reconstructivist prioritizes the socially and culturally constituted, the restorative retributivist seeks to emphasize shared moral intuitions, which social realities inform, but not to the exclusion of other considerations. This distinction has implications for how each theory might critique modern criminal law and punishment. For example, restorative retributivism would view the expansion of the criminal law—both in terms of substance and administration—skeptically, and the modern approach to punishment—both in theory and its carceral form—as contrary to human dignity and too focused on controlling risk rather than promoting individual and social flourishing. This critique, like reconstructivism, has much to offer in the era of the carceral state and can help to reorient punishment to the broader good. It shifts the focus away from control and risk management to dignity and flourishing, leaving room for community involvement, humility in judging, and de-criminalization. In sum, reconstructivism and restorative retributivismare relatives, and both helpfully emphasize the social implications and consequences of the criminal law and punishment.

Rohingya refugees from Myanmar have been living in Bangladesh since the 1970s. Although some successful negotiations with the Myanmar government resulted in repatriation in the 1970s and 1990s, some refugees remained in Bangladesh. In 2017, after their large-scale exodus from Myanmar, Rohingya refugees have been living in Bangladesh for nearly 6 years. So far, none of the refugees have had a chance to go back to their motherland. This study constitutes an exploratory research endeavor using qualitative research methodologies. It explores resettlement as a durable solution option and provides a set of recommendations for ensuring the protection and upholding the dignity of refugees. It argues that any solution options should be based on consultations with the refugee population. The findings of this research also illustrate why resettlement pathways for the vulnerable members of the refugee community should be open to ensure protection and for providing opportunities in a third country in the absence of a viable repatriation process.

Natural law and the Age of Reason -- Human nature and the dignity of the human person -- The classical school of economics and the birth of capitalism -- The romantic and socialist reactions to the Industrial Revolution -- Neoclassicism, the Keynesian revolution, and other sources of dissent -- The metaphysical dimensions of man : their ethical implications -- The fundamental issue of human work -- Population, the welfare state, and the challenge of the environment -- The challenge of globalization

The sexual-exploitation industries, including prostitution and pornography, are patriarchal institutions that are inconsistent with dignity, solidarity, and equality. Radical feminism offers a compelling analysis not only for women but also for men striving to be fully human.

The current era of man's history is characterized by the struggle of peoples for their full emancipation from colonialism, imperialism, racism and all other forms of domination and oppression hampering human development and dignity, peace and progress.

The current era of man's history is characterized by the struggle of peoples for their full emancipation from colonialism, imperialism, racism and all other forms of domination and oppression hampering human development and dignity, peace and progress.

Equality and non- discrimination are very delicate issues which raises many difficulties. The content and meaning of these concepts will be redefined over time, which considerably enhances the work of the Courts. The Spanish Constitutional Court has not been oblivious to this reality. The plurality of meanings that equality can be understood on the model of constitutional democracy suggested the study of some aspects of it with considerable interest in today´s society, guided by the firm intention of approaching the primary objective of building a fairer society in which prevail «equal» dignity of humans. ; La igualdad y la no discriminación son cuestiones harto delicadas que suscitan no pocas dificultades; no en vano, el contenido y significado de estos conceptos va redefiniéndose con el paso del tiempo, lo que intensifica de forma considerable la labor de los Tribunales; con amplia doctrina, el Tribunal Constitucional español no ha sido ajeno a esta realidad. La pluralidad de sentidos en que la igualdad puede entenderse en el modelo de democracia constitucional sugiere el estudio de algunas vertientes de la misma, de notable interés en la sociedad actual, guiados por el firme propósito de acercarse al primordial objetivo de construir una sociedad más justa, en la que impere la «igual» dignidad de los seres humanos.Equality and non- discrimination are very delicate issues which raises many difficulties. The content and meaning of these concepts will be redefined over time, which considerably enhances the work of the Courts. The Spanish Constitutional Court has not been oblivious to this reality. The plurality of meanings that equality can be understood on the model of constitutional democracy suggested the study of some aspects of it with considerable interest in today´s society, guided by the firm intention of approaching the primary objective of building a fairer society in which prevail «equal» dignity of humans.

Human rights are articulable expressions of legal ideas that can be readily identified. The developments of the last thirty-five years have created a duality of sources from which fundamental rights of the individual derive. There are, on the one hand, national human rights. They derive from the constitution and the laws of each nation, from its traditions, values and other elements that make up what may be appropriately called the "national human rights culture." They are expressive of the specific needs of each society and indicate the purposes for which governments are created. They necessarily differ from one country to another. For example, Soviet legislation will never duplicate the Bill of Rights of the United States Constitution nor can United States civil rights legislation be expected to comport with the Soviet Constitution. Despite these differences international human rights have emerged. They are a product of the universal human rights culture built on faith "in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small," and on the conviction that respect for the fundamental freedoms of the individual is an indispensable condition for peace. Because of these beliefs, governments have accepted the concept of universal human rights, agreed that they are appropriate for international concern, cooperated in defining them, assumed international obligations to respect them, and submitted to some international scrutiny as to their compliance with these obligations.