One of the most powerful instrument to the politic, juridical and judicial and society life is the Discourse. This is the origin and the consequence in the human beings / citizens life, behavior and "position" facing the different contexts. The European Union being an Organization where the Human and Fundamental Rights are in the top of all legally stated actions, within internal or international context, it´s proved that there are serious and different gaps between the official discourse and the effective praxis with prejudice to the promotion, protection and defending the European citizens as the migrants or refugees. The European policies and laws are enough to prevent violations and actions against the supposed protection, but the violation is constant. Portugal is a study case as we assisted to an important evolution, but, there are integration passivity or social absence action of the migrants.
Keywords: European Union, Rhetoric, Education, Human Rights.
The present research based on the gap between the discourse and the praxis, a dangerous context/reality dissimulated through manipulation of the information and, consequently, the Public Opinion. European Union (EU) has a cultural way of acting as well as the transparence law that should be the hindrances of this divergence.
One of the most powerful instrument to the politic, juridical and judicial and society life is the Discourse. This is the origin and the consequence in the human beings / citizens life, behavior and "position" facing the different contexts. The European Union being an Organization where the Human and Fundamental Rights are in the top of all legally stated actions, within internal or international context, it´s proved that there are serious and different gaps between the official discourse and the effective praxis with prejudice to the promotion, protection and defending the European citizens as the migrants or refugees. The European policies and laws are enough to prevent violations and actions against the supposed protection, but the violation is constant. Portugal is a study case as we assisted to an important evolution, but, there are integration passivity or social absence action of the migrants.
This paper argues that contemporary society requires the need of an urgent, but consistent, education for human rights adapted to the real needs of each social group, region, country, and/or at geopolitical characteristics. This is not a new question for International Laws and International Relations as disciplines; after the World Trade Center attacks on 11/09/2001, which led to the reconceptualization of terrorism and human rights protection systems. Education in this sector has been progressively a matter of the political agenda of International Governmental Organizations (whether universal, such as the United Nations, or regional, such as the European Union), of many democratic states and governments, as well as of international associations and movements which aim to promote and defend human rights. Given the evolution of the human rights paradigm and the needs for both legal and effective interpretation of the international and national "legal" violations (known or through undisclosed liabilities), one should look first at the type of identifiable and identified needs. Currently, there are two different perspectives. The first addresses the need to achieve the implementation of those policies already approved and recognized judicially and legally by the (mostly democratic) governments that intend to protect and promote fundamental and human rights. In this case, the need is related to the aim of developing and strengthening the policies or laws, as well as supporting and defending citizens denouncing human rights violations and violence, whether concealed or not, deliberate or not. The second perspective concerns the needs of millions of human beings suffering various types of violence and international law violations, including being murdered and tortured. Some may be legally protected, but there are neither effective human rights mechanisms to defend this legal protection nor the possibility of utilizing this protection. Others are living in non-democratic states, therefore, it is difficult to achieve the political power necessary to create positive change. In this context, education for human rights requires action in two dimensions: (1) political and legal changes (a hard, complex and sometimes utopic mission), and (2) improving the overall knowledge of people about their rights as well as the strategies required to protect themselves, including how to denounce violations and make their problems known. Literature in the field acknowledges that education about human rights is not only one of the most important ways to support the development of democracy in different contexts, and to foster a change in the perception and understanding of what human rights are, but is also critical in the fight against violence, human rights violations and human suffering in general. This is a complex process involving all actors of international relations, national politics, and citizens at large. For this reason, researching and theorizing about human rights contributes to making both human rights and democracy a reality lived by as many people as possible.
Human Rights international social situation has a "double" life: the real and the imaginary created by "image(s)" that need to be known. Although all statistics and problems denounced, Human Rights around the world are being violated and there are serious and worried situations affecting millions of human beings beside the "images"/information published. So, there is a hard work that should be object of an effective intervention through the Democratic Education, not only by the "authorities" (political, social or communicational) but by everyone in its social, professional and citizenship responsibility. (.)
Human Rights international social situation has a "double" life: the real and the imaginary. All around the world, although all statistics and problems known and denounced, Human Rights are being violated, there are serious and dangerous situations to the Humanity, affecting millions of human beings beside the "images"/information published. The Education for Human Rights is the change key but this is a complex process that should be object of an intervention through the International, Regional and National authorities (governmental and non-governmental Institutions and Organizations), as well as, by everyone in their capacities, and, their social, professional and citizenship responsibility. Nowadays the World have an enormous and different legal instruments, laws and documents, but there are too many people without access to their Rights, living supported by the information manipulated with consequences that History showed as worried consequences for societies and generations. As the study case presents, Portugal is a great example of the rhetoric manipulation by the political power, developed by an authoritarian regime, with unreal images generated social isolation and violence. However, despite the democracy and four decades, the Portuguese need to develop their knowledge to face the Human Rights violations and know to prevent other problems. There is still an imaginary world completely different from realities we need to change to protect and promote the Human Rights for everyone.
Understanding the world and Humanity changes due the Globalization phenomenon allows to identify the special conditions created that promote the implementation and the dissemination of the International Organized Criminality, in short time, affecting the International Community in all dimensions. As one of the most serious threats to the Rule of Law, violating the national legal systems and the International Law, being especially dangerous to the states and human lives in a global context. The International, regional and (most of) national juridical and judicial systems recognize the International Organized Criminality as a emergent problem that needs to be in the top of the political agenda and of the action by the Institutions aiming to prevent and fight their evolution, their dangerous damages and consequences to all their target – human and institutional. Although all difficult but effective legal, political, economic, and social work in this fight, mainly by the United Nations in cooperation with International Organizations and States, the Council of Europe (CoE) assumed their responsibility to protect their State Members, their citizens, and the rest of the world by inherence. There is an enormous political and legal work, with a straight position based on their main structure document, the European Convention on Human Rights, but with the specialized work teams, understanded as need in each case. Consequently, the CoE has a continuous production of legislation and management of procedures and activities, as well as International political and governance diplomatic relations in networks, in compliance with the International Law facing the challenge that context obliges permanently. Since 1959, with the Convention on Mutual Assistance in Criminal Matters, the strategic action promoted is the multidimensional International Cooperation between all "actors" in the International Community, preventing the violation of the International Law, generated conditions to apply the International Penal Law and developing policymaking articulated with the real contexts and needs. Within International Community, the Cooperation is the best key to join procedures to transcend the difficulties and constraints to achieve to the prevention and fight against the International Organized Criminality. This scientific research is being developed based on juridical, criminal, and political methodology, mainly qualitative, but presenting statistic data to demonstrate the results discussed. ; info:eu-repo/semantics/publishedVersion
Understanding the world and Humanity changes due the Globalization phenomenon allows to identify the special conditions created that promote the implementation and the dissemination of the International Organized Criminality, in short time, affecting the International Community in all dimensions. As one of the most serious threats to the Rule of Law, violating the national legal systems and the International Law, being especially dangerous to the states and human lives in a global context. The International, regional and (most of) national juridical and judicial systems recognize the International Organized Criminality as a emergent problem that needs to be in the top of the political agenda and of the action by the Institutions aiming to prevent and fight their evolution, their dangerous damages and consequences to all their target – human and institutional. Although all difficult but effective legal, political, economic, and social work in this fight, mainly by the United Nations in cooperation with International Organizations and States, the Council of Europe (CoE) assumed their responsibility to protect their State Members, their citizens, and the rest of the world by inherence. There is an enormous political and legal work, with a straight position based on their main structure document, the European Convention on Human Rights, but with the specialized work teams, understanded as need in each case. Consequently, the CoE has a continuous production of legislation and management of procedures and activities, as well as International political and governance diplomatic relations in networks, in compliance with the International Law facing the challenge that context obliges permanently. Since 1959, with the Convention on Mutual Assistance in Criminal Matters, the strategic action promoted is the multidimensional International Cooperation between all "actors" in the International Community, preventing the violation of the International Law, generated conditions to apply the International Penal Law and developing policymaking articulated with the real contexts and needs. Within International Community, the Cooperation is the best key to join procedures to transcend the difficulties and constraints to achieve to the prevention and fight against the International Organized Criminality. This scientific research is being developed based on juridical, criminal, and political methodology, mainly qualitative, but presenting statistic data to demonstrate the results discussed. ; info:eu-repo/semantics/publishedVersion
The Budapest Convention on Cybercrime (2001) and their Additional Protocols (2021) is considered as one coherent international agreement and the base to prevent, combat and criminalize this dangerous crime. The International Law and the national legislations are being developed according to this Convention, based on the strategic (re)action to this crime that is increasing with the worst consequences all around the world. The Rule of Law were obliged to develop their legislation, mainly Penal Law, considering the emergent need to answer to the most serious violations of the fundamental and the Human rights of their citizens, using the most modern technology through the internet, with capacity and efficacy that seriously affect all dimensions of life. The Budapest Convention on Cybercrime provides the criminalization of conduct; the procedural powers to the criminal investigation; and the International Cooperation as one of the most efficient and law enforcement to prevent and combat the Cybercrime. The 77 States Participants close working with the States Observers, within the International Cooperation strategy, connected with Governments, police authorities (national and international), International Organizations and Institutions have been the more profitable strategic (re)action, promoting the cooperation position to the emerging challenges, although the cybercrime is one of the hardest crimes to face. So, there is an evolution in the instruments and strategies to prevent and combat the Cybercrime, but there is an urgent need of an effective legal and social (re)solution, otherwise there will have world and human irreversible impacts. Finally, from the law and cybercrime challenges, the strategy is largely confirmed by the cooperation: the sharing a) information within the legal frameworks; b) the response – operational or tactical; c) the works in the Darkweb; the market, financial and economic movements facing the cybercrime or to denounce the cybercriminals; d) transparency to prevent the cybercrime evolution and implementation. ; info:eu-repo/semantics/publishedVersion
The Budapest Convention on Cybercrime (2001) and their Additional Protocols (2021) is considered as one coherent international agreement and the base to prevent, combat and criminalize this dangerous crime. The International Law and the national legislations are being developed according to this Convention, based on the strategic (re)action to this crime that is increasing with the worst consequences all around the world. The Rule of Law were obliged to develop their legislation, mainly Penal Law, considering the emergent need to answer to the most serious violations of the fundamental and the Human rights of their citizens, using the most modern technology through the internet, with capacity and efficacy that seriously affect all dimensions of life. The Budapest Convention on Cybercrime provides the criminalization of conduct; the procedural powers to the criminal investigation; and the International Cooperation as one of the most efficient and law enforcement to prevent and combat the Cybercrime. The 77 States Participants close working with the States Observers, within the International Cooperation strategy, connected with Governments, police authorities (national and international), International Organizations and Institutions have been the more profitable strategic (re)action, promoting the cooperation position to the emerging challenges, although the cybercrime is one of the hardest crimes to face. So, there is an evolution in the instruments and strategies to prevent and combat the Cybercrime, but there is an urgent need of an effective legal and social (re)solution, otherwise there will have world and human irreversible impacts. Finally, from the law and cybercrime challenges, the strategy is largely confirmed by the cooperation: the sharing a) information within the legal frameworks; b) the response – operational or tactical; c) the works in the Darkweb; the market, financial and economic movements facing the cybercrime or to denounce the cybercriminals; d) transparency to prevent the cybercrime evolution and implementation. ; info:eu-repo/semantics/publishedVersion
The unexpected pandemic 2020 context brings to humanity the effective relevance to the minimum existential, to the human rights, more than the discourse, but the real need of the protection from the main legal instruments. The paper proposes and discusses the connection with the need for tax collection by the states to meet the expenses of the social state, namely for education expenses, and whether the economic limitation caused by the current pandemic in face of the sharp decline in GDP and which has necessarily associated with a large decrease in the collection of tax revenues, which may compromise the right to education. From the findings of the study, concerning the new technologies and their dependence, the actual context shows that it is not an option but an effective need for everyone, so the states and the international community have the obligation to generate conditions of the best access and should promote the pedagogical need in this subject.
Keywords: Fundamental rights, social state, taxes, property protection, education.
The Pandemic 2020, unexpected, affected the Human Rights politicization in Europe within different dimensions. The undoubtable relevance to the minimum existential, more than the discourse, the main legal instruments, avoiding the negative politicization disruption. This research was based on the Education and the Protection of Property. So, the main question supported this study was in the global pandemic moment, considering its broad implications in the social, economic and political domain, came to call into question the right to universal education, and tend to be free, due to the lack of financial resources from the Social State? We propose to debate connects with the need for tax collection to meet the expenses of the Social State, namely for the Education expenses and whether the economic limitation caused by the current pandemic in the face of the GDP sharp decline, has been associated with a large decrease in the collection of tax revenues. In order to achieve the conclusions proposed, in addition to evidently study the various generations of Human Rights, the politicization, we have to study the different instruments of international tax law and the action of the European Court of Human Rights for its effectiveness.
The Pandemic 2020, unexpected, affected the Human Rights politicization in Europe within different dimensions. The undoubtable relevance to the minimum existential, more than the discourse, the main legal instruments, avoiding the negative politicization disruption. This research was based on the Education and the Protection of Property. So, the main question supported this study was in the global pandemic moment, considering its broad implications in the social, economic and political domain, came to call into question the right to universal education, and tend to be free, due to the lack of financial resources from the Social State? We propose to debate connects with the need for tax collection to meet the expenses of the Social State, namely for the Education expenses and whether the economic limitation caused by the current pandemic in the face of the GDP sharp decline, has been associated with a large decrease in the collection of tax revenues. In order to achieve the conclusions proposed, in addition to evidently study the various generations of Human Rights, the politicization, we have to study the different instruments of international tax law and the action of the European Court of Human Rights for its effectiveness. ; info:eu-repo/semantics/publishedVersion
Conference Abstracts ; Diseases caused by the consumption of alcoholic beverages and with high sugar content, the consumption of high amounts of salt used in the preparation of ready-made and ready-to-eat foods that are sold to the general public in general, and finally the addiction to tobacco, are considered by the World Health Organization as worrying cases of attack on Public Health, and for those, that governments have to take measures so that there is an effective decrease on a global scale, thus an improvement in the quality of public health. The analysis we propose to carry out is how Portugal, through the Government, acts in an attempt to reduce the consumption of alcohol, sugar, salt and tobacco, with the creation and application of taxes to these types of goods, thus making there is an increase in the price of these goods in the public and consequently an attempt to decrease their consumption. Data and Methods – Based on a qualitative, juridical, legal and political research, our study is supported in an a descriptive / deductive analysis of the taxes included in the Portuguese State Budgets for the years 2017 to 2020. The analysis of those State Budgets allow us to demonstrate that the taxation on tobacco consumption has varied between € 1 347 300 000 in 2019 and € 1 503 741 102 in 2017, while the tax on alcoholic drinks has varied between 260 130 000 €, in 2020 and € 294,800,000, in 2019, that is, they have little impact in reducing consumption With this research, we will demonstrate that these taxes serve a dual purpose. They increase the general revenue collection to cover public expenditure, but they also have a preventive purpose of protecting public health by causing an increase in the prices of goods and thus causing a decrease in their consumption, thus serving to protect health public. In other words, as we would say in public finances, they are imposed with a double strand, taxation and extra-taxation, because on the one hand, they increase public revenues, and on the other hand, they try to reduce the consumption of those goods.
