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1

HUMAN RIGHTS

100%
Mackiewicz W.
Edukacja Filozoficzna
|
2006
|
issue 41
57-72
EN
In the paper author tries to find the source of human nature, human dignity and human rights in contemporary civilisation. That nowadays scientific and technical civilisation seems to be, as never before and apart from the apparent cultural progress, non-human indeed.
2

HUMAN RIGHT AS A SECULAR TRANSCENDENCE

100%
Filutowska K.
Edukacja Filozoficzna
|
2006
|
issue 42
67-84
EN
The authoress discusses a problem of human rights in the context of Kantian's ethical formalism and Socrates' ethical intellectualism. She refers to Girard's interpretation of Hiob's story according to which this biblical hero is a victim of so called collective mimetism, connected with a totalitarian situation or society created by a soul of crowd. On the contrary to this totalitarian type of community human rights have their origins in the conscience of individual, in reason or a subject. According to her interpretation they mediate between external and internal sphere, between legal and moral sphere (Kant) and also between 'loi' and 'droit' (S.Weil). In this way they give a possibility to establish a really just law which - thanks to the mediation done in a conscience of individual - includes an element of transcendence and rationality, so it isn't a blind force which could destroy an individual. For the authoress Socrates is an adherent of such kind of reflexive attitude - and thanks to his moral autonomy - is also a patron of human rights discours at all.
3

ISLAMIC VISION OF THE WORLD

63%
Krawczyk R.
Myśl Ekonomiczna i Prawna
|
2008
|
issue 1(20)
18-49
EN
The aim of the article is to draw attention to a frequent mistake made by western religious experts and civilization researches who are inclined to treat Islam in the same way as while analyzing any other religion, i. e. as a specific sphere of human life which is their sacrum of contacts with God. The author of the article proves that Islam is first of all a complete social system and its religious aspect plays an auxiliary role. The Islamic vision of the world is not a function of human relations with God's transcendence, as it happens in case of Christianity, but has a ummatic dimension, i. e. makes man's will limits dependent on the will of the whole Muslim community. An individual is not limited by the dimensions of a human being with their personal soul and individual ethics constitutes an immanent part of the whole society. So human freedom is obviously limited by the social interest and every human activity is assessed and punished from this point of view. The result of the ummatic vision of the world is a specific definition of human rights in Islam which was formally reflected in the so called Cairo Declaration of Human Rights in Islam (1991) being a former answer to the UN Declaration of Human Rights. The author's analysis is textual and refers to the most important statements made in the Cairo Declaration.
4

AMBIVALENTNOSŤ ĽUDSKÝCH PRÁV A NEURČITOSŤ ICH POJMU Z POHĽADU FILOZOFIE

63%
Palovičová Z.
Filozofia (Philosophy)
|
2015
|
vol. 70
|
issue 9
759 – 769
EN
The contribution deals with the concept of human rights from a philosophical perspective. It tries to answer the question whether a rationally and universally valid definition of human rights is possible at all. In its first part general characteristics of human rights is offered followed in its second part by the exploration of prevailing ways of justification of human rights in the contemporary philosophy. It is argued that the basis of human rights is defined variously and that due to different values giving the legitimacy to human rights we have various lists of the latter. It is this ambivalent basis of human rights that subverts their moral authority.
5
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Funkcjonowanie praw czlowieka na Litwie: czynniki i najważniejsi aktorzy

63%
Jasiuleviciene R.
Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
|
2011
|
issue 2(16)
369-382
EN
The article deals with human rights process issues in Lithuania as the post- -communist country. Human rights, as the subfield of political science studies are not elaborated in Lithuania. This essay explores the two influential factors of human rights process and their impact on such actors of this process as government officials, society and NGO’s. Activity of this actors are contradictory, inconsistent and their interrelations are, sometimes, conflicting. Government official’s human rights policy are influenced more by institutional factor. Society evaluate human rights idea and policy from the cultural perspective. NGO’s have potential to conciliate influence of both factors, but their activity is not yet fully developed.
6

Religionsunterricht und Menschenrechte – Didaktische Überlegungen zur Menschenrechtsbildung

63%
Schwendemann W., Markl C.
Studia z Teorii Wychowania
|
2012
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issue 1(4)
54-67
EN
Christian religious education revolves around the central idea of basic human rights. When learning to remember, for example the Holocaust or Shoah, one is reminded of the fact that it is essential to think about human rights since they are continuously abused. The atrocities committed by the Nazis were not merely an expression of their contempt for other human beings, but rather a complete disregard for and a total abolishment of basic human rights. The focal point of Christian religious education is to remember the crucifixion of Jesus Christ and by rights and dignity of every human being.
7
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THE STRENGH AND FLAWS OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

63%
Banaszak B.
Przegląd Sejmowy
|
2008
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issue 2(85)
9-24
EN
The Charter of Fundamental Rights, proclaimed on 7 December 2000, has the nature of an inter-institutional agreement and is not a legally binding document. The strength of the Charter lies in: - its comprehensive approach to the protection of the individual's rights; which extends to all categories of rights and to all persons sojourning within the EU territory, not only EU citizens; - standardization of concepts concerning fundamental rights; - establishing the mechanism for fundamental rights protection within the EU. The flaws of the Charter are as follows: 1. A new controversial typology of fundamental rights. The Charter does not refer to the categories of the individual's rights currently existing in both international law and domestic law of several states. Instead of previously applied typology, it establishes six categories of rights which correspond to its initial six chapters. In consequence, there is little evidence that new standards are introduced and that they have resulted in a relatively uniform meaning of the rights either in a widely understood European law (i.e. that of the European Union and that of the Council of Europe) and domestic law of the EU Member States. 2. The principles are not precisely defined. This new typology overlaps with the distinction between the fundamental rights and principles established by the Charter. The Charter lacks consistency and, contrary to the declaration contained in its title, it refers not only to fundamental rights, but also to principles. However, no distinct group of principles is separated in the Charter, and no such distinction can be derived from its content. 3. The Charter's possibility of stimulating the extension of competences of the EU institutions and organs. The ambiguity of relations between the system of protection provided by the Charter and the national systems of the EU Member States may have dual consequences. Either the EU institutions and organs are competent to decide in all the situations where there are any doubt arises about competence of national organs to deal with such matter, or in the case of any such doubt the ability to decide is granted to the national authorities. The former variant seems more likely to appear, which shall mean a de facto extension of EU competences. 4. The means for protection of rights guaranteed by the Charter are not specified in a sufficient detail.
8

PROTECTION OF GENERAL PERSONALITY RIGHTS IN THE CZECH REPUBLIC (Ochrana vseobecnych osobnostnich prav v Ceske republice)

51%
Matejka J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 2
119-131
EN
In his article the author deals with the protection of general personality rights in the Czech Republic that concerns exclusively the rights of natural persons. This protection results from so-called General Clause set out in the Civil Code and is continuously extended. It may be assumed that it is often implemented simultaneously with other ways of the protection of personality - by the provisions of both the private law (e.g. Labour Code) and the public law (e.g. Criminal Law, Offences Act, etc.). The author further analyses the scope and the content of the rights to the protection of personality that comprise human life and health, civic honour and human dignity, privacy, name, manifestations of personal character and other ideal possessions not explicitly specified by the Civil Code. The individual components of the protection of personality also find the support in other national laws and measures (e.g.personal freedom (of speech, movement etc.), right to education, right to information, right to a personal secret, etc.), but also in the international documents (e.g. Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights and Freedoms, Universal Declaration of Human Rights of the United Nations General Assembly, etc.).
9

TRESTNOPRÁVNA OCHRANA SPOLOČNOSTI PRED TERORIZMOM – ČESKÝ A SLOVENSKÝ POHĽAD

51%
Jalč A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 4
322 – 335
EN
Many states have not national anti- terror laws until September 11, 2001. Political violence was dealt with by the ordinary criminal law. Since then was passed a lot of new anti- terror statutes in the world (for instance in the five years following September 11, Australia enacted 37 new federal laws), which primary objective and task is to ensure that police and other agencies have the sufficient powers they need to protect the community. This complicated social phenomenon is possible to understand better only by analysis of the aspects of terrorism as the key factors, to find the effective forms of fight against the terrorism, the receiving of effective measures to prevent the creation of terrorism not only on the national level but also on the international level and also by co-operation among the individual countries of world. Based on the fact of evolving counter-terrorism legislation, the contribution seeks to answer the question: what is the range in which it is possible to respect fundamental criminal law principles and fundamental human rights as such in this relatively sensitive area. In this context the contribution pointed to a specific group of criminal legal tools that are used more often in the area of combating terrorism. Content of this contribution is to bring information on new felonies of the terrorism under Criminal Code in Slovak and Czech Republic. In first part is describes basic legislative bases, that are necessary if we want serious dealt by this problem. Additional parts suggest the actual state and the last stage analyse manners fight against terrorism in both republic.
10
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War against pirates? The EE-operation Atalanta in the perspective of humanitarian and human rights law

51%
Geistlinger M., Scharnagl S.
Międzynarodowe Prawo Humanitarne
|
2012
|
vol. 3
163-172
EN
Nowadays, maritime piracy constitutes serious danger to one of the most important world communication vias, leading through the waters off the coast of Somalia. The importance of this sea road for the economy and international security implied engagement of maritime forces of the EU and NATO Member States. Actions undertaken against Somalian pirates resulted in emergence of a variety of challenges in respect to observance of human rights and humanitarian law.
11

PROBLÉM ZALOŽENÍ A LEGITIMIZACE LIDSKÝCH PRÁV

51%
Vacura M.
Filozofia (Philosophy)
|
2020
|
vol. 75
|
issue 7
513 – 526
EN
Human rights are currently the subject of several complex questions that are political, social, or legal in its nature. In order to address these problems meaningfully, we must take also into account a more general philosophical context and we should have a clearer idea of what human rights are and on what foundations they are based. In the study, we discuss whether we currently have a fully philosophically based conception of the foundation and legitimization of human rights. We present various current approaches that are candidates for solving this problem and we offer their critical evaluation. The starting point for us is the idea of human rights as obvious truths and approaches derived from it based on rational or emotional evidence. We also deal with the possibility of establishment of human rights utilizing concept of natural law, utilitarian approaches, and conceptions based on the idea of dignity. Some other related theories and historical contexts of the analysed conceptions are also briefly mentioned. We wrap up the text with conclusion that a completely satisfactory philosophical theory of human rights is still not available, and we also put forward our recommendations for solving the presented problems of the investigated theories.
12
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Rys historyczny problemów mniejszości i teoretyczne zagadnienia ich wyodrębniania

51%
Żelazny W.
Pogranicze. Studia Społeczne
|
2013
|
vol. 22
37-48
EN
Te problem of minorities in the social sciences and humanities appears relatively late, only afer the Second World War. In common literature I do not fnd to this day historical or monographic work devoted to minorities, although there are many fragmentary works treating this problem selectively. Ten suddenly, when it became clear that the declarations of human rights and civil rights (“French” of 1789) and the common of 1948 failed to notice the diversity of multi-faith society, including multicultural, and society itself as a conglomerate of diferent styles of life, at the end of various sexual orientations … the minority issue appeared with an unexpected power as a signum temporis of the postmodern era. It appeared, but it still fails to explain how to separate minoriies, which are separated in every society diferently. Te purpose of this article is the initial attempt to answer this question in the historical and contemporary context.
13

FILOZOFICKÝ POHĽAD NA ĽUDSKÉ PRÁVA

51%
Sedová T.
Filozofia (Philosophy)
|
2020
|
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.
14
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RUSSIAN DECLARATION OF THE RIGHTS OF MAN AND OF THE CITIZEN AS A FOUNDATION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION IN THE CONTEXT OF INTERNATIONAL REGULATIONS REGARDING HUMAN RIGHTS.

51%
Kowalski J.
Ius Novum
|
2009
|
issue 2
113-146
EN
The author of the article presented a document which is obscure in the Polish specialist literature concerning political science and law, i.e. the Declaration of the Rights of Man and of the Citizen adopted by the Supreme Soviet of the Russian Soviet Federative Socialist Republic in 1991, in the new political situation, i.e. at the beginning of the creation of the foundation of a new Russian state. The author shows the importance of the document considering a few basic aspects: for the first time in the history of Russian law, it is opened for international law in such a fundamental scope as human rights and their protection; in its content, the document refers to the historical sources of legal and natural concept of human rights and in a broader sense to the idea of a democratic country's law; it transfers the fundamental human rights standards and institutional protection of these rights onto the ground of the new Russian legislation in the way in which they were determined in the basic contemporary international documents, first of all in the Universal Declaration of Human Rights; as a result, the discussed document means the end of the Soviet Union legal tradition based on the idea of legal positivism. It was emphasized that the Declaration had a crucial importance because in accordance with the resolution of the Supreme Soviet of the Russian Soviet Federative Socialist Republic all the provisions of the Declaration were included in the text of the Constitution of the Russian Federation. That is why the author acknowledges that the Declaration is a foundation of the Constitution of the new Russian state. Constitutionalisation of the Declaration enables a comparison of solutions referring to the basis of the idea of a state of law according to the following essential order: in the international documents, in the Declaration, in the Constitution of the Russian Federation. This comparison shows a complete convergence of the adopted solutions within the above-mentioned triad. Furthermore, the comparison (although in a limited scope) of the provisions of the Constitution of the Russian Federation with the constitutions of selected democratic countries shows even more distinctly that the most fundamental contemporary standards referring to human rights and their protection were transferred to the Russian law. In the last part of the article, the author discussed one more document - the Commonwealth of Independent States Convention for the Protection of Human Rights and Fundamental Freedoms, also open to international law in this scope and convergent in its provisions with the content of the Constitution of the Russian Federation. The author also presented a general outline of the political and legal background to the development of the principles of the Russian Declaration of the Rights of Man and of the Citizen.
15
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Children with Disabilities as Citizens or From Charity towards Citizenship and Human Rights

51%
Repkova K.
Sociológia (Sociology)
|
2005
|
vol. 37
|
issue 6
509-528
EN
Article encourages research and new-fashioned projects focused on wider living conditions of children and young people with disabilities based on their human rights and promotes exchange of experience and good practices in this field. To stress importance of the mentioned effort the authoress analyses selected facts about living conditions of children with disabilities. She develops psychology-based polemic to premises about special needs of children and young people with disabilities, and presents the demands-based approach to human needs based on social-right model of disability. Second part of the study pays attention to situation in Slovakia - incidence of disability among children and some structural features of the Slovak disability research with emphasizing the research work focused on the field of education.
16

ARGUMENT ĽUDSKEJ DÔSTOJNOSTI V ODÔVODNENÍ SÚDNYCH ROZHODNUTÍ

51%
Kuklová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 1
3 – 12
EN
The text critically reflects the use of human dignity in the reasoning of court decisions. The author concludes that an increase in the tendency to include everything in dignity as an objective value may lead to the notion of a moral order of society, which in fact leads to a restriction of the subjective freedom of each individual.
17

RESPECT OF THE FAMILY RIGHTS AS A CONDITION OF THE SOCIAL ORDER IN THE DEMOCTARIC STATE OF LAW - CASUS III RP (Poszanowanie praw rodziny warunkiem ladu spolecznego w demokratycznym panstwie prawnym - casus III RP)

51%
Jerzy K., Adam K.
Roczniki Nauk o Rodzinie (Annals of Family Studies)
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2010
|
vol. 10
|
issue 2(57)
49-62
EN
In the context of the protection of human rights in the contemporary world is noticed a necessity of the protection of the family rights in the democratic state of law. The described study is taking this issue in the light of the following problems: 1. Democratic system of the state to the measure of the dignity and value of the family; 2. Subjective rights of the family on the public-legal field; 3. State as a subject of duties in relation to the family rights.
18

JÁNUSOVSKÁ TVÁR ĽUDSKÝCH PRÁV: MEDZI ĽUDSKOU DÔSTOJNOSŤOU A PRÁVOM MAŤ PRÁVA. NA MARGO TROCH KNÍH O PROBLEMATIKE ĽUDSKÝCH PRÁV

51%
Sedová T.
Filozofia (Philosophy)
|
2018
|
vol. 73
|
issue 4
318 – 328
EN
On the background of three related books, the article deals with the concept of humans rights as well as the key conceptual controversies concerning the latter. Three main aspects of human rights are underlined: philosophical, juridical and political ones. The relevance of the concepts of a person, human dignity and an autonomous subject appears clearly in the author's considerations. Further, postulating the universality of human rights unveils the vice of the liberal conception of human rights. Considered is also the tension between the idea of human rights, their institutional background and warranties in international context, where they are often purpose built and power-politically instrumentalized.
19

VÝVOJ LIDSKÝCH PRÁV A JEJICH INKLUSIVITA OD 18. STOLETÍ PO SOUČASNOST

51%
Vopat Z.
Studia Politica Slovaca: časopis pre politické vedy, najnovšie politické dejiny a medzinárodné vzťahy
|
2016
|
vol. 9
|
issue 1
84 – 91
EN
The author attempts to map a development of human rights from the 18th century up to the present. He is focusing on the inclusivity of human rights. He argues that the scope of human rights has become broader up to the Universal Declaration of Human Rights, where human rights are granted to all human beings. However, after the events of September 11 2001 one can detect certain reversal in this trend, when certain groups of people are being denied the protection of their human rights.
20

The axiological basis of a constitution

51%
Stawrowski Z.
Civitas. Studia z filozofii polityki (Civitas. Studies on politics philosophy)
|
2007
|
issue 10
9-29
EN
The axiology embedded in a constitution refers to a political community in its most and its developed, modern form, which we refer to as a constitutional state. The basis of such a state institutional and legal structure, recorded in the fundamental law, is comprised of fundamental values that gradually filter into the consciousness and are subsequently universally accepted during a long-lasting, historical process which has been completed in a given cultural milieu. In order to indicate the values on which a constitutional state is founded and which it embodies, it is necessary to reach back to the very beginnings of not only a modern state before the epoch of a constitution, but also to those of the state as such. An axiological appraisal of a state must be based on the specific content of the ethical order at its foundations. There is a specific 'axiology' of exerting power as such, the basic yardstick for which is effectiveness. When we aim to appraise or draft a specific constitution, this pragmatic perspective must be taken into account. A well-organised system of the institutions of the state's authority is, primarily, one which operates effectively. Axiologically, the most important part of a constitution, the one where the ethical foundations of the state are spelled out 'expressis verbis', is the catalogue of basic rights. At present, the main problem is the inflation of these rights, not only by rendering them too detailed, but also by placing political stipulations, social privileges or expectations regarded as generally right among them. (the II chapter of the Constitution now in force in Poland makes an instructive illustration of such an approach.) All these superfluous appendages not only litter the constitution, but also contribute to the devaluation of real fundamental rights as their meaning, essential to the maintenance of an interpersonal order, is diluted in the flood of quasi rights which have been added on.
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