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World Affairs Online
In: Griot: Revista de Filosofia, Band 20, Heft 1, S. 303-313
Lately there have been works that show that Kant bases human rights on innate freedom as the only innate right that man has by virtue of his humanity. However, innate freedom cannot justify a theory of human rights because it is only an innate right over my inner self that allows for empirical possession, and although a human right is inalienable, it must be renounced in order to enter the world; Moreover, the four analytical derivations of innate freedom generate consequences that are incompatible with a human rights doctrine, for as human rights refer to all, innate equality and innate independence apply to a limited number of people; Finally, there is a differentiation in the interpretation of humanity's formula in law and ethics, because, subjectively, treating humanity as an end requires the agent to consider that the end of humanity is the motive of his action in ethics, but in law it is only required that its external behavior be in accordance with the end of humanity, and objectively, in law, treating humanity as an end produces criminal law contrary to human rights and the law of humanity requires that innate integrity be suspended during the period of condemnation, furthermore, this differentiation in the idea of humanity becomes explicit in innate imprehensibility, for in ethics lie is the greatest violation of the duty of humanity in his person, but in law only violates the right of humanity if it causes harm to others.
In: Revista Desafios, Band 1, Heft 2, S. 44-57
In this article we try to show the troublesome relation between biopolitcs, biopower and human rights in Michel Foucault. The notion of right is a classical notion, insofar as it pertains to the juridical conception of politics and to the techniques of sovereign power. On the other side, the idea of the human animal as human being appears only in Modernity, within the different dispositives that constitute what Foucault called the modern biopower. Therefore, talking of human rights one puts together the idea of right and the idea of human being, i.e. two notions belonging to two historically distinct techniques of power. In the awareness of this distinction, one has to question why Foucault, in face of what was going on in his days, did nevertheless appeal – against governments – to the rights of those who are governed. Classical right may have nothing to do with biopolitics; however with regard to the so-called human rights we cannot claim the same.
In: Griot: Revista de Filosofia, Band 21, Heft 1, S. 367-378
In the current debate on human rights, the political conception is attractive in its ability to try to find solutions to the central questions and problems, which the orthodox conception has difficulties in solving, because of its own nature (the political formulation of human rights) it does not need a moral foundation that is independent of the recognition established by international law and practice. On the one hand, it is necessary to recognize that the current practice and the international doctrine consider human rights as tools addressed, mainly, to establish the limits of the legitimate sovereignty of the state, thus, recognizing the plausibility of the political conception. On the other hand, the article intends to show that this specific function, while important, should not exhaust all that human rights perform. Therefore, the political conception runs the serious risk of weakening the normative force of human rights and conflating two different agendas, that of human rights and that of global justice. To go through this argument, first of all, the article presents the contemporary genesis of the political conception of human rights based on the work of John Rawls. Secondly, it focuses on the reformulation given by Raz and Beitz's approaches. Finally, in the third section, I criticize three main assumptions which ground the current paradigm of political conception of human rights.
In: Human Rights Watch B vol. 17, no. 2
In: Griot: Revista de Filosofia, Band 16, Heft 2, S. 132-147
This article intends to approach, for a philosophical bias, the problem of Human Rights enunciated in Declarations of the XVIII and XX centuries. The basic question is human rights based on the "ideal of humanity" or "human dignity", considering two ideas: 1) the paradox of the 'Declaration of the Rights of Man and of the Citizen' and the notion that one feels only a human "With guaranteed rights someone who sees himself contemplated in the legal scope of a nation. 2) Humanity as a "great family" (Universal Declaration of Human Rights, 1948), and the world as "great nation". Therefore, we promote in this work a debate between three thinkers: Diderot, with his notion of the general will of the human race; Rousseau, with his refutation of Diderot's thesis, denying that there is a "natural or general society among men"; And Kant, who in his 'Perpetual Peace', in his own way, takes up the notion of cosmopolitanism denied by Rousseau and points to the possibility of the right to extend to all mankind.
This 45th Activity Report of the African Commission on Human and Peoples' Rights (ACHPR or the Commission), which was presented to the Heads of State and Government of the African Union (AU) in accordance with Article 54 of the African Charter on Human and Peoples' Rights (the African Charter or the Charter), covers the period from 10 May to 13 November 2018. It highlights, among others: the statutory and other institutional meetings of the Commission; the status of State reporting; Resolutions adopted by the Commission; the human rights complaints before the Commission; the various interventions of the Commission on human rights issues including Urgent Appeal Letters, Press Releases and Letters of Appreciation; the human rights situation on the continent; financial, staffing and operational matters of the Commission; implementation of the Recommendations of the Executive Council and Recommendations to the different stakeholders.
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World Affairs Online
In: Boletim de Ciências Económicas, Band 57, Heft 2, S. 1887-1912
In: Relações internacionais: R:I, Heft 33, S. 137-142
ISSN: 1645-9199
In: Lex Humana, Band 4, Heft 2, S. 76-91
This work aims to discuss the principle of legality in criminal law, principle qualified as a fundamental human right. The criminal legality is a natural guarantee of citizens, having basic character in any state that pretends itself democratic, reflecting main feature of the legal systems based on justice and rationality. As it is clear that the principle of legality seems to be a constitutional guarantee of individual, its analysis is essential for understanding a principled view of the criminal law. To do so, it perquires about the character of legality, reflects on the intimate relationship between legality and democratic state, peers up about the historical origin and content of the clause of legality, reasons about the consequences of this postulate, formulates ideas about the criminalization warrants, develops arguments about controversial issues involving the legality of criminal and, finally, some finishing touches are made on the subject.
In: Relações internacionais: R:I, Heft 9, S. 57-71
ISSN: 1645-9199
This article focuses on the contribution of the Council of Europe (CoE) to the promotion & safeguard of democracy, human rights & the rule of law in Western & Eastern Europe. It is divided in two sections. The first one is an account of how the Council developed a pattern of open & flexible inclusion of new & fragile democracies in the "European political mainstream," without ceasing to promote the development of civil society. The cases chosen here are the relations established with the Iberian states & those of Central & Eastern Europe. Section two highlights some of the legal & institutional innovations brought along with the existence of the CoE & the European Convention of Human Rights. In its conclusion, the author outlines a set of considerations for further reflection on the role of the Council of Europe in the post-9/11 world. Adapted from the source document.