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Filozofia (Philosophy)
|
2020
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vol. 75
|
issue 7
527 – 538
EN
The paper deals with a human rights issue in terms of the concept of law and with regard to difference between human, fundamental and civil rights. The author characterizes the formal features of the universality of human rights and the modalities of its justification. In the anthropological justification of the ideas of human rights, despite its limits, she sees a relevant way of justifying human rights without a direct reference to the metaphysical idea of human dignity.
EN
Disfranchisement is a penal measure meted out together with a punishment (Article 39 point 1 of the penal code) and instead of a punishment if a sentence is pronounced without a trial (Article 343 §2 point 3 of the penal procedure code), taking on a character of a self-contained penal measure. A ruling of disfranchisement depends on a kind of crime as well as type and scale of punishment. A ruling of this penal measure - in accordance with Article 40 §2 of the penal code - can take place in case of a crime committed as a result of motivation deserving special condemnation and imprisonment not shorter than three years. Motivation deserving special condemnation does not have to be a feature of a criminal offence, but it has to refer to a crime being a ground for a conviction. This motivation deserves condemnation in a special way. Disfranchisement deprives a convict of the right to perform public functions and results in a loss of decorations and titles of a public character; it refers to the public sphere of the perpetrator's activities. But it does not deprive persons of their human rights. It is related to: a) political rights, including active and passive election rights to public administration organs, professional or business self-government units and the right to take part in the administration of justice; b) civil rights, including the right to perform functions in organs and institutions of state administration and territorial or professional self-government; c) honorable rights, including the possession of orders, decorations and honorable titles; d) a military rank.
EN
The modern Civil Rights Movement in the United States was successful in addressing long-standing inequities in political, economic, and other civil rights for African Americans and prompted similar changes for other minority groups. Yet, one of the unintended consequences of the interpretation of the civil rights legislation enacted by Congress was that the federal government began classifying people by race so as to determine whether they merited protection under the new laws. This article examines the process created by U. S. government agencies to determine whether the new civil rights laws had been violated, the way in which the legislation was interpreted in the judicial system, and the consequences for Americans of Eastern and Southern European heritage.
EN
The arrival of the Revolution brought French society many changes which had been demanded for years. The privileges which oppressed the subjects of Louis XVI were abolished — people were all free and equal in the eyes of the law. However, the “Declaration of the Rights of Man and of the Citizen”, which did not mention women, allowed politicians and thinkers of the time to gradually exclude women from public life — first in the new constitutional monarchy and later in the republic. Educational deficiencies and a lack of common sense and even reason were the argument used most often to demonstrate the inability of women to exercise power and to obtain legal and civil liberty. In the new bourgeois order, women’s ambition was limited to the role of mothers and wives. Some women as well as some men did not want to come to terms with such a lack of social balance. They argued that nature equipped women with the same intellectual capacity as men and, therefore, being equal to men, they should be able to enjoy the same rights.
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