Search results

1

Overview of Human Rights in Venezuela

100%

Bolívar O. L.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2013

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issue 2(24): Venezuelan Studies

267-290

EN

Formally constituted as a democracy, Venezuela has experienced a significant deterioration in the situation of human rights during the last decade. Such deterioration is partly due to an increasing concentration of power in the Executive branch which is reflected in the lack of independence of other branches of the State. The lack of independence – particularly in the judiciary and its subsidiary bodies – results in an increasing impunity in human rights related crimes. The present paper shows how the institutional framework has been dismantled and converted into a tool of a political project, with negative effects on human rights.

2

Etyka Konfucjańska a duch praw człowieka

100%

Janyst T.

Forum Politologiczne

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2010

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vol. 11 - Chiny i państwa azjatyckie - karty z historii i wyzwania współczesności

295-316

EN

The aim of this article is to examine the influence of the Confucian ethics on the perception of human rights in China in context of the development of capitalism in this part of Asia.In the first part of this article the author argues with Max Weber's thesis which states that in China: "from a purely economic point of view, a genuine bourgeois, industrial capitalism might have developed". He examines from sinological perspective his arguments concerning the underdevelopment of capitalism: lack of rational legal system, the influence of Confucianism and lack of middle class. In the second part have been shown the connections between capitalism, market freedoms and human rights. The author claims that capitalism is necessary condition for the development of human rights, but it is not the only one, because the cultural factors play a greater role. In the third part of this article summarizes the two previous parts and argues that late development of capitalism in China is one of main factors that influenced the modern shape of human rights in China. The necessity of developing a free market system have been also underlined in relation to the rule of law and civil society as a base for the concept of human rights with Chinese characteristics, that would be acceptable for Western countries.

3

Czy prawa człowieka mają charakter normatywny?

100%

Ollero A.

Acta Iuris Stetinensis

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2011

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issue 2

5 - 27

EN

The paper points to the validity of the question indicated in its title and concerning the nature of human rights. The issue presented in the paper tries to answer the question concerning the normativity of these rights. For this purpose, the paper raises a number of fundamental problems, such as constantly controversial relationship between law and morality, formulation in a controversial way of rules and standards so-called positive law and the alleged hard choice between the parallel situated – the legal system and the natural law. In addition, also an important topic of coexistence of different anthropological concepts as different points of view on valuation and understanding of the law is emphasized. For this purpose author describes the transition from an individualistic anthropology through collectivism, to anthropology involving the legal regulation of social relations, which is related to the consecutive generations of human rights. Subsequently, the subject of consideration is the legal order. Namely, the author wonders whether it can be considered as composed only of norms or it includes also the rules, the same, or, more normative and significant than the norms. Author also leans over the controversial problem indicating that the empowerment of liberty and equality, which may serve as the basis of rights is in the law of nature, as well as over the lack of existence of unlimited rights, so that he eventually comes to the conclusion that, although there are no right before law, there are laws that overtake the state.

4

Geneza i źródła wolności religii w europejskiej przestrzeni politycznej i prawnej

100%

Kącka K.

Seminare. Poszukiwania naukowe

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2013

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vol. 34

155-174

EN

A person, as a human being, has his or her own natural rights. These include, among other things, the right to life, to express one's views and the right to privacy. These rights are fundamental and indisputable. Among them is one of the most important liberties – the right to religious freedom. While one of the most important principles, its simplicity and naturalness raise at the same time many doubts. This study aims to provide a general presentation of the principles of the right to freedom of religion: the origin and history of the formation of this right and the road to its sanction. This article also discusses the chief contemporary documents which guarantee this freedom and the rulings of the European Courts of Human Rights in cases concerning infringement of religious rights.

5

The need for protection of human rights in cyberspace

100%

lorek I., Eroglu S. E.

Journal of Modern Science

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2019

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issue 3(42)

27-36

EN

Technology is an integral part of social life. The widespread use of computers and the development of information and communication technologies have made people dependent on this technology in many ways. Computer products such as Internet, mobile phone, satellite are among the indispensables of daily life. The developments in information technologies attract the attention of the international community as much as the individuals and affect this society as well. In particular, the tools and methods that are created by using computers have created cyber area life in addition to the real world, and this area has begun to provide significant benefits and facilities in the daily lives of individuals and communities. In this article the relation between cyberspace and protection of human rights in this sphere will be examined socially and legally

6

Prawa jednostki w koncepcji władztwa administracyjnego przesuniętego w czasie

100%

Adamiak B.

Administracja Teoria Dydaktyka Praktyka

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2013

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issue 1(30)

5-22

EN

The article refers to a construction of a control assigned to another date which occurs in provisions of substantive administrative law. The Author comes to a conclusion that use of this institution requires includ-ing and settlement of a series of issues influencing a formation of rights (obligations) of an individual. Regulation, which leaves interpretative doubts concerning the legal effectiveness of an individual's substantial-legal acts, causes that attractiveness of this legal construction is doubt-ful. The individual cannot be sure whether realisation of the rights is permissible without negative consequences. Therefore it is difficult to evaluate this construction as fully positive because from one hand it withdraws from full control, which is to simplify a procedure of acquir-ing a given type of right, however on the other hand it leaves an individ-ual's situation in postponement concerning undertaking means of con-trol assigned to another date by an appropriate organ of public admini-stration.

7

Human rights and the law of human rights: a positive legal regulation of an ontic reality

100%

Nagel K.

Adam Mickiewicz University Law Review

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2014

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vol. 3

213-227

PL

The author introduces a fundamental distinction between human rights and the law of human rights which is subsequent to these rights. While examining these issues, the author follows M. Piechowiak and his way of understanding human rights. According to Piechowiak, human rights are objectively existing relationships between a human being and a global good, welfare that is due to him/her. Particular aspects of this global good are what we used to call an object of a particular human right. Therefore, human rights have an ontic nature. These relationships have their normative consequences. It may be stated that these relationships ontologically justify that the norms protecting these rights (actually these relationships) stay in force. These relationships and the norms protecting them can be recognized. Notwithstanding what was stated above, human rights shall be proclaimed and the ontic norms protecting them, adequately recognized, shall be positivised, that is, acts of positive law shall introduce these norms into legal systems.

8

The need for protection of human rights in cyberspace

100%

Florek I., Eroglu S. E.

Journal of Modern Science

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2018

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vol. 2019

27-36

EN

Technology is an integral part of social life. The widespread use of computers and the development of information and communication technologies have made people dependent on this technology in many ways. Computer products such as Internet, mobile phone, satellite are among the indispensables of daily life. The developments in information technologies attract the attention of the international community as much as the individuals and affect this society as well. In particular, the tools and methods that are created by using computers have created cyber area life in addition to the real world, and this area has begun to provide significant benefits and facilities in the daily lives of individuals and communities. In this article the relation between cyberspace and protection of human rights in this sphere will be examined socially and legally.

9

Kościół katolicki w Czadzie wobec problemów gospodarczych, społecznych i politycznych kraju

100%

Różański J.

Forum Politologiczne

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2011

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vol. 12 - Problemy bogactwa i biedy we współczesnej Afryce

469-489

EN

The Catholic Church in Chad is a young community, including about 8% of the population. However from the beginning of missionary activity it has had a large input into help with development and defence of human rights. Help in development is concentrated on agriculture, since the majority of the population relies on agriculture. From 1964 missionaries have created many centres for professional training of farmers, mainly in the south of the country. A large role in the development of the countryside has been played by on the spot meetings, courses and training. One of the important elements of training has always been management and use of money. In every diocese in Chad there are diocesan health committees. The work of the church in this area includes running of hospitals, clinics and also training on a large scale (e.g. hygiene, building of latrines, access to drinking water, variation of diet, cleanliness in the home and immunisation programmes for children and adults). In some missionary centres efforts have been made to take advantage of achievements in traditional medicine. Emphasis has been also put on AIDS prevention and healing the sick. Beginning with local initiatives of help with development, covering various aspects of economic life, these have, with time, developed diocesan structures, countrywide and even linking into international organisations. Currently the work in Chad is overseen by the National Union of Diocesan Associations for Aid and Development (Union Nationale des Associations Diocesaines de Secours et de Developpement - UNAD). A particularly varied and rich activity is being lead by the Chad organisation for Catholic Aid and Development (SECADEV). It was created in 1980 in the diocese of Ndjamena to help refugees. The organisation employs 200 people and co-operates with 1000 village organisations. The Bishops in Chad often took part in issues relating to the war and lack of democracy and also tribalism and corruption. The views of the episcopate, expressed in pastoral letters, were also demonstrated in actual activities at national level and in individual regions or missions, mainly thanks to local and countrywide committees Iustitia et Pax. These committees also cooperated on issues associated with human rights with other local and international organisations.

10

21 Gdańsk Demands – a Political Monument

89%

Bobko A.

The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II

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2019

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vol. 9

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issue 1

PL

In the history of European civilisation there have been several documents of particular cultural weight and symbolic meaning. From Magna Carta Libertatum of 1215 to the Universal Declaration of Human Rights from 1948 we can trace the development of political ideas which, while being rooted in religious and philosophical thought, have had a strong impact on the lives of whole societies. In this article I attempt to look at the famous 21 Gdańsk demands from that perspective. The document, signed in August 1980 kindled a peace process which culminated in the collapse of communism in Europe. I would like to infer a relation between the possibility of signing such a document and the election of Karol Wojtyła as Pope. It also seemed interesting to compare the content of the 21 Gdańsk Agreement with that of the less well-known Rzeszów-Ustrzyki Dolne Protocol signed several months later.

11

Human Rights and Cultural Identity

88%

John-Stewart G.

Baltic Journal of Law & Politics

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2015

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vol. 8

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issue 2

112-135

EN

Universal human rights and particular cultural identities, which are relativistic by nature, seem to stand in conflict with each other. It is commonly suggested that the relativistic natures of cultural identities undermine universal human rights and that human rights might compromise particular cultural identities in a globalised world. This article examines this supposed clash and suggests that it is possible to frame a human rights approach in such a way that it becomes the starting point and constraining framework for all non-deficient cultural identities. In other words, it is possible to depict human rights in a culturally sensitive way so that universal human rights can meet the demands of a moderate version of meta-ethical relativism which acknowledges a small universal core of objectively true or false moral statements and avers that, beyond that small core, all other moral statements are neither objectively true nor false.

12

Ewolucja i paradoksy orzecznictwa Europejskiego Trybunału Praw Człowieka w przedmiocie związków jednopłciowych

88%

Mizerski R.

Kwartalnik Prawa Prywatnego

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2016

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vol. 25

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issue 3

537-563

EN

The article is dedicated to the case-law of the European Court of Human Rights on the legal status of same-sex couples. The author discusses the evolution of Strasbourg jurisprudence in this respect, including the redefinition of "family life" within the meaning of Article 8 of the Convention (Schalk and Kopf v. Austria), equalization of same-sex unions to extramarital different-sex unions (Vallianatos and Others v. Greece), positive obligation to legalize extramarital same-sex couples (Oliari and Others v. Italy) and prospects for imposing the obligation to legalize same-sex marriages under the Convention. In this context, he points out that the Court's case-law has produced some paradoxes. Firstly, the Court has decided that same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, because they are just as capable as different-sex couples of entering into stable, committed relationships. It makes therefore an emotional factor as decisive in this matter. In parallel, the Court maintains that situation of same-sex couples is not relevantly similar to that of married couples since the exercise of the right to marry gives rise to social, personal and legal consequences. This then poses the questions of whether the legalization of same-sex couples has not social, personal and legal consequences, or whether the marriage is not based on emotional ties. Secondly, the Court incoherently uses the argument of European consensus. In Schalk and Kopf it was not relevant for the Strasbourg judges that only minority of state parties to the Convention had formally recognized same-sex unions to change the meaning of notion of “family life” under Article 8 and “marriage” under Article 12 of the Convention (including, in both cases, same- sex couples), whereas the same fact became for them a significant argument to decide that the respondent government was not under obligation to grant same-sex couples equal access to registered partnership or marriage. Moreover, the Court applies a new concept of “marriage” only to those states that granted access to marriage for same-sex couples, whereas the new concept of “family life” is also applied to states that did not legally recognize same-sex unions in any way. Thirdly, the Court's jurisprudence places unnecessary constrains on domestic authorities as to how to regulate the family law. In Vallianatos and Others, the Court decided that, because same-sex couples are in a situation relevantly similar to different-sex couples, therefore the law having been allowed civil unions only between members of the different sex was the discrimination of same-sex couples. Then, it seems legally impermissible to retain marriage as a different-sex institution and to make civil unions or registered partnerships as institutions accessible only to same-sex couples. This is because, those of different-sex couples that do not want to enter into marriage as too formal and demanding institution are placed in a less favorable position than same-sex couples in this respect.

13

Násilie páchané na ženách ako prejav agresie a formy porušovania ľudských práv žien a možnosti riešenia

88%

Vallová J.

Społeczeństwo i Edukacja. Międzynarodowe Studia Humanistyczne

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2016

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issue 3(22)

219-233

EN

The article deals with the issue of violence against women as a matter of human rights violation. It deals with the issue of violence against women with reference to the characteristics of domestic abusers and the most common victims women in terms of education and economic activity. The article describes the myths about violence and international institutions dealing with violence against women. To write the article was used qualitative analysis of the sources of literature on the topic. To address violence against women and domestic violence involving different ministries and institutions, hence the need to strengthen the legal and institutional framework in order to recognize women’s rights and their protection against all forms of violence. In order to address the issue of violence against women is an important addition to the national level of interest in its solutions at regional and local level. Providing fast, effective and available to help women at risk of violence and their children is often a crucial mechanism for saving lives of women and children, improving their quality of life and punishing the perpetrators. Despite the undeniable shift in the problem of violence against women in recent years it should be noted that we lack a systematic approach and coordinated provision of assistance to women experiencing violence, as well as systematic primary prevention, ie prevention of violence. It is necessary to enact legislation that will define domestic violence, including all its latent form.

14

Społeczny wymiar duszpasterskiego przepowiadania

88%

Skorowski H.

Seminare. Poszukiwania naukowe

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2010

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vol. 27

111-126

EN

The main aim of this article is to show that except the priestly activity the priest should get involved in the social life. We can distinguish two principal forms of the presence of the church in the social life. The first of them is the wide understood teaching in the social sphere, second the concrete activity. The man in the light of the social science of the church is the highest value in the world, and the family is the proper environment of the man’s life and development. So the church realizes his social mission base on the family. The family is the value not only for the individual, but also for the larger community, in this case for the state community. Essential question, which to find oneself in priestly social prophesying is the question of the nation. The nation both through the community and the culture creates the conditions of the man development in all planes of development: - in the plane of the truth /the intellectual development/, - in the plane of the beauty /the spiritual development/, - in the plane of the good /the moral development/, - in the plane of holiness /the religious development. The question, which to also find oneself in the field of the interest of the social science of the church is the question of the character of state, relation the state - the church, as well as the question of the system of the state. The conception of state can’t be indifferent to the church. The problem, therefore such the system, which lets men lives on the proper living standard have to be the centre of the interest of the social science of the church. From the different social questions which are the symptom of the presence of the church in the life we can specify the problems of the human rights and the presence of Christian values in the social life. There are signaled here the most important questions which touch the man who is in the centre of the interest of the church.

15

Emancipation through education: Views on the Convention on the Rights of Persons with Disabilities

87%

Mazurek K., Winzer M.

Interdyscyplinarne Konteksty Pedagogiki Specjalnej

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2015

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issue 10

201-213

PL

The Convention on the Rights of Persons with Disabilities (CRPD) is the eighth human rights convention enacted by the United Nations. Coming into force in 2008, it is the first international instrument specifically directed toward persons with disabilities. In its articulation of a clear and comprehensive mandate for the elimination of stig-ma and discrimination, it appeared to be a promising vehicle for the emancipation and empowerment of persons with disabilities. As of July 2015 there are 157 ratifica-tions, of which the great majority are developing countries. In this paper we exam-ine the CRPD within the context, and as part of, a larger and very significant global social-ideological orientation: the international movement for inclusive schooling. As inclusion is increasingly embraced around the world, it is important for educa-tors to understand how this major human rights convention is linked to and inter sects with the quest for inclusive schooling. Our analysis reveals that there are in-herent tensions and dialectical contradictions between the broad ideals of the inclusion movement and the more focused priorities of the CRPD. As a result, de-spite grand hopes and elaborate plans, progress of the CRPD has been disappoint-ing. The CRPD is not playing a significant role in inclusive policy making at any level. Very few nations have translated the principles into effective action. Indeed, few countries at present even have the capacity needed to ensure full implementa-tion of the treaty, and the international pattern documents a disconnect between emancipatory rhetoric and measurable outcomes. To date, it appears that the CRPD has done little to materially and educationally improve the prospects of those with disabilities.

16

Medzinárodné dimenzie ľudských práv a sociálnej práce

75%

Gabrielová J.

Humanum. Międzynarodowe Studia Społeczno-Humanistyczne

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2012

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issue 2(9)

89-105

EN

The academic article deals with the international dimensions of human rights and social work. The author focuses on the most importantinternational organizations (the United Nations, the International Labour Organization, the Council of Europe, the European Union) and theirapproach to human rights. She also analyses documents which relate to social work.

17

Faith, Ethics and Religious Norms in a Globalized Environment: Freedom of Religion as a Challenge to the Regulation of Islamic Finance in Europe

75%

Kirchner S.

Baltic Journal of Law & Politics

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2011

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vol. 4

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issue 1

52-82

EN

It is often feared that globalization is an equalizer in that it dissolves the differences between cultures, including legal cultures. At the same time we can see a counter-movement which places more emphasis on culturally or religiously based rules. A key example of this is the emergence of Islamic Finance. This trend has not only been fueled by the renewed interest in Islam since 9/11, but also due to the shortcomings of traditional financial concepts which have been highlighted dramatically in the global financial crisis. While originating in the Middle East, interest in Islamic finance is now so widespread that seminars on Islamic finance in Western financial centers are fully booked long in advance. International law firms open more and more new offices in the Middle East and, while not necessarily having entered the mainstream, in a sense Islamic finance has gained its place in the world of finance and has therefore become a concern not only for bankers but also for lawyers advising clients on financial services. In this presentation, we will first look at the Quranic sources for the need for Islamic finance before seeing how Islamic finance operates and which financial instruments have been developed under sharia law. We will see how sharia rules impact the financial industry and how they have gained a role among financial products offered around the world before turning our attention to the challenge posed by these financial instruments to regulators unfamiliar with Islamic law. We will look at how religious freedom limits regulatory possibilities. At the center of the investigation, though, will be the question as to whether Islamic finance products live up to the promises associated with them and which consequences this has for regulators, in particular those in Non-Muslim countries.

18

Międzynarodowe sądy karne jako instrumenty kontroli przestrzegania fundamentalnych praw człowieka

75%

Potyrała A.

Przegląd Strategiczny

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2013

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issue 2

145-166

EN

Serious violations of international humanitarian law and international human rights law in the 90’s resulted in initiatives aimed at prosecution of persons responsible. Three international criminal tribunals became mechanisms of international post factum control over fundamental human rights. The tribunals have been created to decide about individual responsibility and to punish authors of international crimes. In the article, genesis and concept, as well as effects of the tribunals’ activities are presented. It has been proved that international criminal tribunals promote human rights and human security concepts. However, because of formal and real obstacles concerning fulfillment of their competences, the three tribunals do not contribute to enforcement of human rights protection.

PL

Poważne naruszenia międzynarodowego prawa humanitarnego i międzynarodowego prawa praw człowieka doprowadziły w latach 90tych XX wieku do urzeczywistnienia inicjatyw mających na celu ścigania i karanie sprawców takich czynów. Trzy powołane wówczas trybunały karne stały się swoistymi mechanizmami międzynarodowej kontroli post factum nad przestrzeganiem fundamentalnych praw przysługujących jednostce. Zostały zobowiązane przede wszystkim do ustalenia odpowiedzialności i ukarania sprawców zbrodni. W artykule ukazano genezę i istota funkcjonowania, a także efekty aktywności trybunałów karnych na rzecz przywracania wiary w fundamentalne prawa człowieka. Udowodniono, że międzynarodowe sądy karne sprzyjają umocnieniu koncepcji ochrony praw człowieka i bezpieczeństwa definiowanego przez pryzmat jednostek, jednak z uwagi na formalne i rzeczywiste przeszkody w realizacji swych kompetencji, nie przyczyniają się do wzmocnienia rzeczywistej ochrony fundamentalnych jednostki.

19

Prawa człowieka – między krytyką i apologią europejskiego modelu politycznego

75%

Rakusa-Suszczewski M.

Studia Europejskie-Studies in European Affairs

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2016

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vol. 1

11-33

EN

Human rights are one of the main European policy horizons, and also the basic pillar of the social and moral order in contemporary world. This does not change the fact that specific and complex narrative of human rights provokes important controversies, as well as open criticism. In the present article we indicate the main thrust of these doubts and objections. Three distinguished fi gures of this criticism we describe as cultural, epistemological and political. Each of them has its numerous representatives, but we introduce only few of them. They are Charles Taylor, Richard Rorty and Pierre Manent. What strikes us in this debate is the fact that it focuses most of the major dilemmas associated with the European integration project. The disagreements about human rights refl ects indeed the debate over the future shape of Europe.

20

Cenzura treści elektronicznych a międzynarodowa odpowiedzialność państwa za naruszenie praw człowieka

63%

Kulesza J.

Studia Prawno-Ekonomiczne

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2012

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vol. LXXXV (85)

113-140

EN

In the article the author examines state filtering of electronic content in terms of its compliance with international law, especially with provisions guaranteeing the freedom of expression and access to information. The White House implemented program “Internet Freedom”, whose aim is to introduce software enabling the circumvention of local content control in “filtering countries”, is subject to thorough analysis. The analysis covers recent (2011) events in Egypt, where the world’s first successful attempt at shutting down the Internet within state borders was completed. Although enforced through legitimate state actions this Internet shut-down was circumvented with the use of Google-introduced technology. The technology and its use seemed to meet the ideas behind the “Internet Freedom” program, introduced by the White House a few month prior to the Egypt events. In the course of argument the author discusses international responsibility for the possible breach of their international obligations by both: Egypt and the U.S. She provides for the assessment of the legality of the actions of Egyptian authorities’ introducing an Internate filter that constitutes an infringement of freedom of expression, as well as the responsibility of United States for their failure to halt a U.S. legal entity enabling users to circumvent the legitimate Egyptian technology. The author argues that the character of the global network requires a redefinition of state sovereignty, especially in the context of human rights protection on-line. An idea introduced by R.H. Weber of “shared sovereignty” is mentioned, as it reflects the basic principle of international Internet law: the principle of multistakeholder governance.

Refine search results

Overview of Human Rights in Venezuela

Etyka Konfucjańska a duch praw człowieka

Czy prawa człowieka mają charakter normatywny?

Geneza i źródła wolności religii w europejskiej przestrzeni politycznej i prawnej

The need for protection of human rights in cyberspace

Prawa jednostki w koncepcji władztwa administracyjnego przesuniętego w czasie

Human rights and the law of human rights: a positive legal regulation of an ontic reality

The need for protection of human rights in cyberspace

Kościół katolicki w Czadzie wobec problemów gospodarczych, społecznych i politycznych kraju

21 Gdańsk Demands – a Political Monument

Human Rights and Cultural Identity

Ewolucja i paradoksy orzecznictwa Europejskiego Trybunału Praw Człowieka w przedmiocie związków jednopłciowych

Násilie páchané na ženách ako prejav agresie a formy porušovania ľudských práv žien a možnosti riešenia

Społeczny wymiar duszpasterskiego przepowiadania

Emancipation through education: Views on the Convention on the Rights of Persons with Disabilities

Medzinárodné dimenzie ľudských práv a sociálnej práce

Faith, Ethics and Religious Norms in a Globalized Environment: Freedom of Religion as a Challenge to the Regulation of Islamic Finance in Europe

Międzynarodowe sądy karne jako instrumenty kontroli przestrzegania fundamentalnych praw człowieka

Prawa człowieka – między krytyką i apologią europejskiego modelu politycznego

Cenzura treści elektronicznych a międzynarodowa odpowiedzialność państwa za naruszenie praw człowieka