Search results - CEJSH

1

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.

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

Ethics of communicative action and human rights in Habermas

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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.

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.

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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

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

8

Miejsce Stolicy Apostolskiej w polskiej polityce zagranicznej w latach 1989‑1993

80%

Skubiszewski K.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2014

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issue 3(29)

355-365

EN

The article discusses the principles of the Polish foreign policy and tries to identify the shared principles with the diplomacy of the Holy See. Author concentrates on the three major issues. The first one is devoted to the recognition of the role of morality in international relations which should be clearly distinguished from being confused with any ideology. The second one deals with the human rights and basic liberties in the light of the results of the Second Vatican Council which identified the notion of human dignity as their basis. The third one shared principle is the strong support for the idea of European integration and unity.

9

Конституционное правосудие в Республике Беларусь (1994 – 2014 гг.)

80%

Пастухов М. И.

Studia Politologiczne

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2016

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vol. 39

125-142

EN

The author of this article analyzes the main stages of activity of the Constitutional Court of the Republic of Belarus, the practice of the Court. He points out the key themes in the development of the Constitutional Court of the Republic of Belarus.

10

ŻYCIE LUDZKIE JAKO PRZEDMIOT OCHRONY PRZEPISÓW PRAWA ZE SZCZEGÓLNYM UWZGLĘDNIENIEM MOMENTU OBJĘCIA OCHRONĄ

80%

Borkowska K.

Security, Economy & Law

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2018

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issue 1/2018 (XVIII)

EN

Human life has the highest possible value and is particular interest to various branches of law. It allows the unit to use other civil rights and civic freedom. In this article authoress analyses the level of the protection of human life through the provisions of the Constitution of the Republic of Poland and regulations of the international law with emphasis on the issue of the beginning of the legal protection of human life. In order to thoroughly analyse the legal regulations the authoress uses numerous examples of the case-law. The research purpose of the article is to show the complexity of the problem of the beginning of the legal protection of human life and the lack of the conclusive verdict of the supranational jurisdictional bodies in this matter.

11

Recenzja: Necropolitics. Mass Graves and Exhumation in the Age of Human Rights, edited by Francesco Ferrándiz, Antonius C. G. M. Robben, seria: Pennsylvania Studies in Human Rights, University of Pennsylvania Press, Philadelphia 2015, ss. 270, il. ISBN 978-0-8122-4720-6

80%

Magowska A.

Acta Medicorum Polonorum

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2018

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vol. 8

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issue 2

139

PL

Recenzja

EN

Review

12

Zbrodnia katyńska przed Europejskim Trybunałem Praw Człowieka — refleksje nad wyrokiem z 21 października 2013 roku

80%

Kulesza W.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

349-373

EN

Both the Nuremberg Tribunal in its judgment of Jan. 1, 1946 as well as the European Court of Human Rights’ Grand Chamber judgment of Oct. 21, 2013 in the case of Janowiec and Others v. Russia abstracted from a substantive decision on Russia’s responsibility for the Katyń massacre and failed to determine the consequences to be borne by the defending state, whose authorities decided upon the performance of the act in question. Contemporary Russian state denies that the murder of 22,000 Polish prisoners of war and inmates at the behest of the highest authorities of the USSR in 1940 was indeed a war crime. According to the position of the Russian government, represented before the ECHR, what took place was solely a crime committed by the administrative personnel who acted beyond their authority, the prosecution of which expired after 10 years, i.e. in 1950. The Russian side also claimed that it was not obliged to conduct an investigation on the matter and refused to disclose the content of the order to discontinue the criminal proceedings issued in 2004 to both the relatives of those who were murdered and to the ECHR. It also refused to recognize the murdered Polish prisoners of war as victims of political repression, claiming that it is unclear according to which criminal code they were sentenced to be shot. Russia’s position in denying the temporal jurisdiction of the ECHR and the ratione materiae with regard to the Katyń massacre which was in fact accepted by the ECHR in its judgment, should be subject to criticism. According to the statement of the court, Russia has not violated Article 2 of the Convention in its procedural aspect or Article 3 in its way of dealing with the relatives of the victims. The Court has lost the chance to contribute to appointing — in terms of human rights — a protection standard for a vital legal interest, which is currently the collective memory of the persecution of people because of their national, racial or religious background, ones who had become victims of war crimes and crimes against humanity, committed in the name of Nazi or communist ideology once pursued in Europe.

13

Andriej Sacharow – conscience of Russia. On the twentieth anniversary of death

80%

Kozielecki J.

Nauka

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2009

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issue 4

PL

The article reminds the life and work of the eminent Soviet nuclear physicist, dissident and human rights activist Andriej Sacharow on the occasion of twentieth anniversary of his death. The author emphasizes the extraordinary personality of the great advocate of civil liberties and reforms in the Soviet Union.

14

„Co z těch dětí vyroste?“ O rizicích oprese sociální práce vůči stejnopohlavním rodičům

80%

Janebová R., Břízová T., Velčovská I.

Gender, rovné příležitosti, výzkum (Gender, Equal Opportunities, Research)

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2013

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vol. 14

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issue 2

14-26

EN

Social work as an institutionalized profession aims to promote and defend human rights and social justice regardless of gender, sexual orientation and other grounds. Rooted in Christianity, it is partly performed by religious organizations and religious people. Consequently, conservative values may orient the profession, thus conflicting with the rights of lesbians and gays. The aim of the article is to present the risks of social worker´s oppressive action toward same-sex parents, and to suggest possibilities how to avoid such ethical misconduct. First, we present a dilemma of social work arising from the tension between ethical principles of equality and non-discrimination on the one hand and conservative norms on the other hand. Then, we introduce individual oppressive tendencies which are manifested in the discourse “on homosexuality” in Czech social work and how these may transform into social worker´s oppressive action. Finally, we propose practical suggestions that can support anti-oppressive social work in the Czech Republic.

15

Od prawa naturalnego do praw człowieka. Ewolucja idei praw naturalnych w europejskiej myśli prawno-politycznej

80%

Barut A.

Rocznik Europeistyczny

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2015

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issue 1

15-32

EN

The subject of the article is the transformation of the idea of natural law into the idea of natural rights, which took place in Europe between Greek and Roman Antiquity and the17th century, the last stage of this process was the origin of the idea human rights in the 18th century. The author focuses on the most important aspects of this evolution: transition from the understanding of law as a rational order to its conception as an expression of will, giving up the justification of law by human natural goals and justifying it by human desires instead. Finally, the author refers to the conception of Hannah Arendt, who argued that the identification of the source of political order with the subjective rights, understood as pre-political, leads to the destabilisation of the political sphere and the identification of authority with violence. The result is the disappearance of individuality, which took place in totalitarian regimes.

16

Surveillance in digitalized society : the Chinese social credit system from a European perspective

80%

Kasl F.

The Lawyer Quarterly

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2019

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vol. 9

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issue 4

349-358

EN

The modern society is facing multiple new challenges brought by digitalisation, globalisation and personalisation. Public disorder and social tensions are increasingly suppressed by progressive surveillance and control mechanisms that utilize the ICT technology and digital footprint of an individual. For some time now, a heated discussion follows the planned introduction of Social Credit System in the People’s Republic of China. Multitude of authors and journalists argue benefits or threats related to this project. The aim of this contribution is to provide sober-minded overview of this mechanism in its broader context and point out similarities and differences from approaches in the West. As a result, the contribution points out a set of specifics of the Chinese setting, which make similar mechanism unfeasible in European environment.

17

Satyagraha and South Africa Part I: The Origins of the Relationship Between the Idea and the Place in Mahatma Gandhi ’s Writings

80%

Czekalska R., Kłosowicz R.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2016

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issue 40

31-46

EN

The article presents the results of research carried out mainly on Mahatma Gandhi’s written statements which the authors refer to both a historical and socio -political background. It is the first part of the planned two -part study on mutual relations between Mahatma Gandhi’s satyagraha and South Africa, therefore it is focused on the interdependencies between the origin of the idea and the place where it was invented. The authors seek to answer two main questions: 1) whether Gandhi has entered into a dialogue with the native people of South Africa, and 2) whether Gandhi’s idea of non -violent fighting for social rights included the native population of South Africa. The study also presents an outline of the evolution of Gandhi’s attitudes towards Africans and the Coloured People.

18

Krajowy Mechanizm Prewencji Tortur w oczach funkcjonariuszy Służby Więziennej

80%

Lasocik Z., Męzik A.

Nowa kodyfikacja prawa karnego

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2019

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vol. 54

85-127

EN

The purpose of this study is to present the results of research conducted among officers and employees of the Prison Service regarding the knowledge and opinions of representatives of this professional group on the National Mechanism for the Prevention of Torture (hereinafter also KMPT, Mechanism).

19

Jakiej podmiotowości potrzebuje nowoczesny świat? Wokół Senowskiej refleksji na temat wartości azjatyckich

80%

Augustyniak P.

Prakseologia

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2014

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issue 156

325-335

EN

The article is an attempt to analyze and determine problem assertions contained in A. Sen’s essay Human Rights and Asian Values. The essential thesis of the article is that, in his vision of the universality of the values which constitutes the basis of human rights, Sen is a hostage of a typically Western way of thinking. This should lead to a search for an in-depth dialogue with Eastern spiritual traditions, such as Buddhism, for example.

20

Lidská práva v rakouském osvícenství. Wolff, Martini a Windischgrätz

80%

Cerman I.

Český časopis historický (The Czech Historical Review)

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2013

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vol. 111

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issue 2

300-334

EN

This study returns to the beginnings of the theory of human rights as it was conceived by Christian Wolff; it discusses its developments in the conception of the Austrian lawyer Karl Anton von Martini and the original re-working of this theory based on sensualism as presented by Joseph Nikolaus Count Windischgrätz.

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