Search results - CEJSH

1

Ethics of communicative action and human rights in Habermas

100%

Indellicato M.

Journal of Modern Science

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2019

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issue 4 (43)

75-99

EN

The ethics of communication in Habermas overcomes the contrasts of a multicultural society and proposes inclusion of differences and differences, given that they are not a diminutive but an opportunity for comparison for the formation of a free and democratic society. The agreement between the dialoguing parties is a fundamental element of communicative action and is an essential basis for an ethical-juridical universalism, thanks to which all men are defended in their human rights.

2

Права человека — от эпохи Просвещения до информационного общества

100%

Zołotar O.

Studia nad Autorytaryzmem i Totalitaryzmem

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2016

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vol. 38

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issue 3

7-22

EN

The author of the article analyses the origins of human rights from the Enlightenment period to the information society. First, she points to the establishment and development of the idea by Enlightenment thinkers. Speaking of the historical development of human rights, we have to bear in mind that it is not about the emergence or evolution of human rights as such. Their development is determined by socio-political conditions and spatial-temporal factors. Social transformation leading to the emergence of the information society has shaped awareness of human rights in the sense that information and communication technologies should not be regarded as an end in themselves. Next the author examines the problem of informational exclusion or digital divide as well as the impact of the virtual reality on people’s lives in real society.

3

Jakou kulturu potřebuje interkulturní dialog o lidských právech?

100%

Profant M.

Filosofický časopis (Philosophical Journal)

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2011

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vol. 59

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issue 4

501-516

EN

In this article I consider how we might suitably define the concept of culture where we take seriously the possibility of inter-cultural dialogue. I reject the idea of mutually-separated bits of culture characterised by certain typical values (Asian, Euro-Atlantic, African etc). It is necessary to refuse the reification of partial cultures, both for theoretical and for practical reasons. The concept of eternally-existing portions of culture ultimately serves only to limit the free behaviour of people interpreted as members of such cultures. The idea of a certain portion of culture, or of cultural value, is defensible only as an ideal type which provides an interpretational key to the discovery or construction of facts, to their organisation and to understanding them. More important in dialogue is seriousness and equal respect towards each cultural situation from which individual people emerge, and the systematic openness of society to the acceptance of the original cultural situation of each person as an opportunity for widening and enriching the common culture (understood at the level of the relation of the origin of a family of immigrants and the integration into the national culture of the relevant national state). As regards the discussion about inter-cultural dialogue in relation to the extent of globally-recognised human rights, I emphasise the occurrence of the political implementation of such rights in constitutional republics, and I show that without state power human rights cannot be secured against the threat of religious fanaticisim, the despotic power of families or customary norms. Dialogue about human rights at the global level will not be maintainable without the Kantian ideal of a world civil society as a community of constitutionally-regulated states.

4

Procedury specjalne a rozbudowa uniwersalnego systemu ochrony praw człowieka.

87%

Baranowska G., Hernandez-Połczyńska A.

Studia Prawnicze

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2017

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issue 3 (211)

101-113

PL

The UN human rights system is constantly growing, as new treaties are adopted and new special procedures are established. While this strengthens the protection of some human rights, the development is also criticized for blurring recognized concepts, which consequently leads to the weakening of the protection of human rights. The article analyzes the quantitative expansion of UN special procedures, with an emphasis on thematic mandates. Reasons for their growing number are examined, as well as strengths and weaknesses that this development brings. In the second part the article scrutinizes when the activities and competences of thematic special procedures and treaty bodies overlap. The two groups act complementary, but a lack of cooperation between them can lead to competition and duplication. The article closes with possible solutions of dealing with the expansion of the universal system, that would strengthen human rights protection, while making best use of available financial, administrative and technical resources.

5

Dialog między regionalnymi trybunałami praw człowieka

85%

Dąbrowska A.

Studia Prawa Publicznego

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2021

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vol. 3

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issue 35

55-74

EN

The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have worked together to establish a robust dialogue. In spite of their normative, social or political differences, they have begun to intensify efforts to strengthen their bonds. The historic San José Declaration has provided formal conditions for the trilateral dialogue between the European Human Rights Court, Inter-American Human Rights Court, and African Court on Human and People’s Rights. The dialogue undertaken by the regional human rights courts contains not only a reference to its jurisprudence, but also a number of practices, incl. the exchange of experience. It is intended to establish consistency between human rights protection systems across the region. The initially informal cooperation has transformed into a trilateral dialogue that directly contributes to the improved understanding and implementation of human rights, which in turn constitutes a challenge to international human rights legislation. The aim of the article is to present the judicial dialogue in the field of human rights, to draw attention to its dynamics and to emphasize its role in changing some aspects of the understanding of law characterized by the principle of territoriality. This discussion is also intended to focus attention on the functions of dialogue, including penetration and mutual inspiration as well as strengthening the authority of courts.

6

Sposób uwzględniania upływu terminu przedawnienia roszczenia a postrzeganie ochrony praw jednostki w postępowaniu sądowym

85%

Kuźmicka-Sulikowska J.

Opolskie Studia Administracyjno-Prawne

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2019

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vol. 17

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issue 1

153-162

EN

The article points out the importance of the way of taking into account the fact that the claim demanded before the court is time-barred for the perception of the standard of protection of the individual’s rights in court proceedings. It is shown how it depends on whether the limitation period is taken into account ex officio or upon the objection raised by the person against whom the claim is brought.

7

Między etnocentryzmem a uniwersalizmem. Jak prowadzić dialog i szukać fundamentów globalnego porozumienia?

80%

Kalbarczyk T.

Kultura-Społeczeństwo-Edukacja

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2013

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vol. 3

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issue 1

155-164

EN

The paper refers to the discussion between different philosophical approaches to problems brought by globalisation. Building various concepts in social and political philosophy requires both rejecting radical relativism as well as finding alternatives to fundamentalism. Between radical approaches there is space for a reasonable ethics and theory of politics. I conclude with Wiktor Osiatynski’s “soft universalism” of human rights, which can be deployed as a tool for building compromise between contradictory standpoints.

8

Ocena moralna postępów w genetyce medycznej w świetle nauczania Jana Pawła II i Katechizmu Kościoła Katolickiego

80%

Orzech R.

Colloquia Theologica Ottoniana

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2013

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issue 2

185-194

EN

This article attempts to assess the moral progress of biomedicine. At the beginning of the analysis the man is presented in the context of the auto teleological. In the second part of the article are shown tasks and role of biotechnology in relation to human needs. Analyzing the achievements of technology the author shows the moral limits of their application. It is emphasized that technology as a tool used by everyone on a daily basis can lead to happiness or cause misfortune. The moral evaluation of the progress refers to many conclusions of John Paul II, inter alia, in his encyclical Evangelium vitae, Redemptor hominis and Veritatis splendor, taking into account its various speeches at various symposiums, as well as quoting the text of the Catechism of the Church Catholic.

9

Forbidden sexuality in Kunle Afolayan’s October 1 contentious sexual space

80%

Ojoniyi O. W.

International Journal of Pedagogy, Innovation and New Technologies

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2018

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vol. 5(2)

68-73

EN

There is a sense in which we can speak of two levels of dominant and peripheral sexual spaces within the Nigerian discourse of sexuality. The dominant space deals with the generally acceptable sexual orientation that essentially draws its legitimacy from the biological configuration of sexuality within the African temper of mind. It lays claim, at one level, to the public/cultural sexual space and, at another level, to the private sexual space which also, presumably, directly follows from the cultural sexual course. On the other hand, the peripheral sexual space is seen, to put it in Guarav Desai phrase, as “any nonnormative sexual practices” (2007, p. 736). This marginal sexual orientation has perhaps largely operated within the level of private sexual space, but now it seeks to renegotiate the Nigerian cultural/public sexual space. It is this attempt to renegotiate the dominant cultural/public sexual space that seems to have raised the tension within the discourse of sexuality in Nigeria in recent times leading to the legislation that out-rightly criminalises alternative sexuality in Nigeria. It is this contentious sexual orientation within the African consciousness; its presumed origin, violence and politics of practice that forms the focus of Kunle Afolayan’s film, October 1. This paper looks at October 1 within the contentious discourse of that which is seen as a forbidden sexuality, its attendant violence and destruction in relation to the fluidity and the shifting bases of African cultural orientation in the face of individualism and fundamental human right.

10

Europejskie modele regulacji podejmowania decyzji o zakończeniu życia

80%

Milczarek E.

Przegląd Sejmowy

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2023

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issue 5(178)

209–224

EN

The research objective of the article is to define European standards for making end-of-life decisions. The study was divided into two analytical parts. In the first part, a broad analysis of the jurisprudence of the European Court of Human Rights was carried out in order to determine the normative boundaries within which European states can move by regulating the issue of making decisions about the end of life. In the second part, a comparative legal analysis of national legal systems was made, distinguishing three main models of regulating this issue: the model legalising euthanasia, the model legalising assisted suicide (PAS), the model penalising euthanasia. These models were assessed in terms of the implementation of the guidelines set out by the ECtHR.

11

Book review: Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, New York: 2013

80%

Balcerzak M.

Polish Yearbook of International Law

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2014

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vol. 34

323-327

EN

Review of a book: Ryan Goodman, Derek Jinks, Socializing States: Promoting Human Rights through International Law, Oxford University Press, New York: 2013

12

Different does not mean worse: anti-discrimination at school

80%

Rola B.

Problemy Opiekuńczo-Wychowawcze

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2020

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vol. 591(6)

25-36

EN

The education reform implemented since September 1, 2017 has caused a great confusion in society. The first issue is the educational value of actions taken at school. In accordance with the provisions of educational law, upbringing means supporting a child in development towards full maturity in the physical, emotional, intellectual, spiritual and social sphere, and should be strengthened and supplemented by activities in the field of prevention of children and youth (art. 1, item 3 of the Education Law Act). New educational and preventive programs are being created in educational institutions, and should refer to the content of the new core curriculum. What priorities will be included in these programs depends on the creative activities of teachers. The article is an attempt to reflect on the important tasks of school in the context of equality education, resulting from the belief that “All human beings are born free and equal in dignity and rights”. (Art. 1. of the Universal Declaration of Human Rights). The reflection presented refers to both legal and ethical aspects of the teacher's work. It describes the methodological solutions that can be used in the class's educational program or the school's preventive and educational program. Teacher support in the area of anti-discrimination activities is a response to the need to promote at schools equal treatment and respect in a socially diverse world.

13

Uwagi dotyczące poselskiego projektu ustawy o uzgodnieniu płci na tle orzecznictwa Sądu Najwyższego oraz poglądów doktryny

80%

Lipski J.

Zeszyty Prawnicze BAS

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2014

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issue 3(43)

28-64

EN

The article provides detailed discussion of the problems of the legal significance of a person belonging to a particular sex, taking into account the state of the applicable law, as well as de lege ferenda postulates. The author examines the meaning of “sex” as a legal category, the relationship between this term and the criteria determining the sex of a human‑being and the rationality of the postulate of the recognition of so‑called gender identity – i.e. the sense of belonging to a different sex than the established in register office records and biological sex – as a basis for specifying the status of a human being in register office records. The article addresses the first draft law on gender confirmation, but also broadly discusses current Supreme Court’s case law concerning the procedures and conditions for changing the entries in register office records.

14

Opinia prawna na temat ograniczeń wynikających z Konstytucji RP dotyczących uzawodowienia mandatu poselskiego

80%

Odrowąż-Sypniewski W.

Zeszyty Prawnicze BAS

|

2015

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issue 4(48)

49-54

EN

The aim of this opinion is to answer the question of how the status of a full-time (also called “a professional”) Deputy to the Sejm (assuming that it is the only form of his/her activity) involves limitations on his/her human and civil rights enshrined in the Constitution? According to the author, the establishment of a full-time job as the only form of exercise of the Deputy’s mandate, would need an amendment of the constitution. The legislative interference must respect the constitutional requirement that any limitation of the rights and freedoms should correspond to the public interest and respect the principle of proportionality.

15

The Platonic Concept of Peace as a Fundamental Human Right

80%

Ianne M.

Journal of Modern Science

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2016

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issue 1(28)

155-166

EN

Plato is the first philosopher who speaks about the genesis of dialectic between civil war and outside war. The war among States may be considered a righteous war when an outside enemy threats the freedom of the polis, as freedom – from Plato’s point of view and the whole classical Greek culture point of view – is the fundamental human right that makes a man a citizen and not a slave. From Plato’s point of view this objective can be achieved by means of the education promoted by the State that helps the citizens to realize his essence as man. The State, therefore, realizes the natural order among citizens thus educated, that may only consist in a proportional equality of all citizens for their friendship and thus for peace. The polis becomes a unity and a real political community only thanks to the peace granted by that friendship.

16

State Immunity or State Impunity? Human Rights and State Immunity Revisited in the ICJ’s Judgment on the Case of the Jurisdictional Immunities of a State

80%

Gerlich O.

Adam Mickiewicz University Law Review

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2013

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vol. 2

185-194

PL

The paper aims to comment on the judgment of the International Court of Justice of 2nd February 2012 in the case of Jurisdictional Immunities of the State between Germany and Italy from the perspective of the problem of jurisdictional immunity. In its decision concerning compensation for atrocities suffered by Italian citizens during World War II granted by Italian courts against the German State as well as the execution of the analogical decisions of Greek courts, the International Court of Justice upheld the immunity of the German State. The compensation sought by the plaintiffs in the national proceedings was to redress massacres on the civil population, deportations and forced labour. In its decision the Court analyzed the exception proposed by Italy in three strands which, according to the Respondent, cumulatively would result in an exception to the rule of state immunity. Firstly, the acts giving rise to the Italian claims constituted grave violations of humanitarian law; secondly, the rules of law violated constitute peremptory norms of international law; thirdly, no other form of redress was available rendering the exercise of jurisdiction by the Italian court to be a measure of a last resort for the victims.

17

DISCRIMINATION, DEMOCRACY, AND POSTMODERN HUMAN RIGHTS

80%

Wypych B.

Polish Political Science Yearbook

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2013

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vol. 42

163-184

EN

The question of discrimination, as far as it is considered in the field of philosophy, cannot be perceived as a problem which can be effectively combated. Even the most precise diagnosis of human nature will not restrain people from defining others as evil and inferior. The most universal and spacious conventions, declarations, cards or bills will not solve the problem either. They can be regarded as an example of applied philosophy at most. On the other hand, we should pose the question what the world would look like if political pragmatism were the main obligatory rule. Thus, the situation finds us between philosophical wishful thinking about a global order free from discrimination and macro – or micropolitical pragmatism.

18

GIRLS’ EXPLOITATION IN THE TRIPLE BORDER AMONG ARGENTINA, BRASIL AND PARAGUAY: BETWEEN COLONIALISM AND HUMAN RIGHTS NARRATIVES

80%

ZSÖGÖN M. C.

Society Register

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2019

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vol. 3

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issue 4

57-74

EN

This article focuses on the narratives and underlying ideologies that enable the persistence of girls’ sexual exploitation in the region of the Triple Border among Argentina, Brasil and Paraguay, where field work was conducted. We argue that the persistence of colonial practices has contributed to the reproduction of subalternity positions for girls and women – especially from impoverished sectors – enforced by the conservative and patriarchal discourse present in many countries of the region. This scenario enables the persistence and naturalization of certain practices that became “invisible” or even accepted and justified as being “cultural”. In this sense, we propose that human rights narrative, although being a Eurocentric construction, can comprise a platform for raising issues on gender inequality and all forms of violence and exploitation taking place in the peripheral regions of the world.

19

Solon — twórca podstawowych politycznych i prawnych wartości europejskich

80%

Barta H.

Kwartalnik Prawa Prywatnego

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2014

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vol. 23

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issue 3

557-560

EN

The publication introduces the profile of Solon who was a famous character of the ancient Greek law culture. In the first place there is a presentation of Solon’s origin as a man and the citizen of one of the Greek polis – Athens. Next he is showed as a person who has a significant contribution to the development of the Greek law culture, which is expressed in his activity as a designer of the important legal solutions that enabled the permanent reduction of social tensions and conflicts. At the end there is a presentation of the influence of the values propagated by Solon upon the progress of the fundamental rights in Europe. The Solon’s work deserves a particular protection as a type of a sign-post for the activity of the contemporary legislator.

20

Godność człowieka. Ujęcie prawno-filozoficzne

80%

Maj E.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2014

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issue 4

171-199

PL

Artykuł stanowi próbę odnalezienia odpowiedzi na pytanie o gwarancję poszanowania godności osoby ludzkiej w prawie pozytywnym. W trakcie analizy nawiązano do prawa naturalnego, personalizmu, moralności prawa oraz zasad obywatelskości, aby w ten sposób wyeksponować godność, jako wartość przyrodzoną człowiekowi naturalnie i pozytywnie.

EN

The article is an attempt to find answers to the question of the guarantee of respect for human dignity in statutory law. The analysis refers to natural law, personalism, morality, law and the principles of citizenship, in order to highlight the dignity inherent to man as a natural and positive value.

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