Search results - CEJSH

1

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.

2

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.

3

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.

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

Wyjątki ex definitione w prawie do życia w Europejskiej Konwencji Praw Człowieka

80%

Frąckowiak K.

Opolskie Studia Administracyjno-Prawne

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2012

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vol. X

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issue 3

9-19

EN

The aim of the paper is to present selected questions connected with man’s right to life as contained in the international law, in the system accepted by the Council of Europe. In particular, the author concentrates on exceptions to the right to life: the problem of the Capital Punishment and cases of applying absolutely necessary force, which can result in the death of human beings, as seen against the background of the European Convention on Human Rights. The right to life is the most fundamental of all rights. It constitutes a condition and a premise to make use of all the other rights. It also is an absolute and irrevocable right. The right to life is a frequently used expression, especially in the context of the possibility of a loss of human lives. The term appears, too, a good number of times in the case-law of the European Court of Human Rights. This particular right is founded on the prohibition of intentional deprivation of life, with the exception of death penalty. The European Convention accepts also cases of application of absolutely necessary force, excluding them from the prohibition. It is in this way, in short, that the European standards relate to this question. In the paper, the author refers a few times to judgments of the European Court of Human Rights. It can be concluded that it makes the basis of effective work, since it is there that – in an extensive manner – the key aspects of the right to life, its temporal limits, prohibition of deprivation of life (the Capital Punishment) or premises to use absolutely necessary force have been explained.

8

The Principle of Self-Determination in the Context of Human Rights

80%

Gadkowski T.

Adam Mickiewicz University Law Review

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2017

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vol. 7

25-36

EN

The essay presents the issue of the principle of self-determination from the perspective of international human rights law. The author highlights the close relationship between the principle of self-determination and the principle of respect for human rights and fundamental freedoms. In practice, the principle of self-determination is a prerequisite for the effective guarantee of human rights, and, at the same time, guaranteed protection of human rights is a prerequisite for implementing the principle of national self determination. The author presents the issue of self-determination in the context of the basic regulations of international human rights law, considering regulations of both a ‘hard’ and ‘soft’ law character.

9

Linguistic Human Rights in Education

80%

Szoszkiewicz Ł.

Adam Mickiewicz University Law Review

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2017

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vol. 7

105-118

EN

Linguistic human rights are a concept remaining on the crossroads of several scientific disciplines, e.g. linguistics, anthropology, psychology and, last but not least, human rights law. Taking the latter as a lens, this study seeks to clarify the concept of linguistic human rights in education – presumably, the most linguistically sensitive sphere in the life of individuals and communities. The paper demonstrates that despite little mention of language in the UN treaties (ICESCR, CRC, CERD, CADE), its importance is reflected in the practice of the relevant treaty-based bodies. Moreover, increasing interest from scholars across a range of disciplines is contributing to the development of a linguistic human rights doctrine and is penetrating the UN human rights framework.

10

Historia powstania regionalnych trybunałów praw człowieka

80%

Dąbrowska A.

Studia Prawa Publicznego

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2022

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issue 1 (37)

125-150

EN

The history of the formation of regional human rights courts, parts of human rights regimes on the European, African and both the American continents, is discussed in this paper. The author demonstrates an unquestionable connection between the courts and international government organisations active in the regions. She proves that the main reasons for establishing these authorities lie in the develop-ment of human rights protection systems and the associated need for supervision by independent judicial authorities, since the guarantee of rights and freedoms under regional treaties proved insufficient. The analysis shows the human rights courts were founded at different times and in diverse realities. The European Court was formed to supervise the democratic states in the region, whereas the non-European courts both were and still are regarded as unstable and implicated in internal conﬂicts. The next part of this article includes a discussion of the legal basis for estab-lishing regional human rights tribunals. All three bodies were established on the basis of a classical source of international law, namely an international treaty. The fundamental difference, however, is that with regard to the European and American Courts, these are treaties that form the basis of regional systems of human rights protection, while the African Tribunal was created under the Additional Protocol to the African Charter on Human and Peoples’ Rights.

11

Opinia prawna w sprawie poselskiego projektu ustawy o zasadach wykonywania orzeczeń Europejskiego Trybunału Praw Człowieka

80%

Chybalski P.

Zeszyty Prawnicze BAS

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2021

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issue 2(70)

193-201

EN

In the opinion of the author certain provisions of the proposed bill raise constitutional doubts or may cause constitutional reservations, inter alia, in the light of the principle of specificity of law, the principle of separation of powers, the scope of the subject matter of parliamentary rules of regulation. Furthermore, insofar as the bill relates to the payment of compensation and redress, it appears to be burdened with a constitutional defect of the nature of the so-called legislative omission. The author of the opinion points out that the bill also lacks a number of solutions concerning the payment of compensation and redress.

12

Council Directive (EU) 2018/822 and the Right to Privacy. An Attempt to Answer the Preliminary Question in Case C-694/20

80%

Szymacha A.

Adam Mickiewicz University Law Review

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2022

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vol. 14

209-230

EN

Through an action before the Court of Justice of the European Union (CJEU), the Belgian Constitutional Court intends to obtain an answer to the question related to the compatibility of Council Directive (EU) 2018/822 with the fundamental right to respect for private life. The mechanism provided by this Directive may violate this right because it consists in obliging the lawyer who has invoked the Legal Professional Privilege to provide information about the evasion of the obligation to inform the authorities about the cross-border arrangement. This arrangement may amount to tax avoidance by the client. I will try to predict the possible response of the CJEU by analyzing its previous case law. Interference with fundamental rights must be proportionate. The secrecy of the lawyer’s communication with his client deserves special protection. The proportionality of the interference may be evidenced by filters such as judicial supervision, intermediation by an independent authority etc.

13

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).

14

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.

15

Cities and human security

80%

Szpak A.

Torun International Studies

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2015

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issue 8

119-133

EN

Cities have been researched mostly in terms of their economic, technological, and social value and significance. Despite some changes in this respect there is still a need to research cities as a fascinating phenomenon, also in respect of its capabilities to increase human security on a local and global scale. The article examines the role of cities for human security in the selected and representative fields such as sustainable development, human rights and environmental protection which are components of human security. The subject matter is indeed fascinating as fascinating are cities themselves. They are dynamic, energetic, innovative and constantly evolving. The general thesis of the article is that cities may and do greatly contribute to human security.

16

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.

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

Civic Education for Human Rights

80%

Wiatr J. J.

Polish Political Science Yearbook

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2007

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vol. 36

91-99

EN

The success of democracy depends on the formation of the social capital conducive to the maintenance of democratic patterns of behavior. Civic education is the most important instrument of the formation of such social capital and is, therefore, an essential responsibility of the democratic state. The concept of social capital, introduced in the social science theory by such authors as Pierre Bourdieu (1984) and James Coleman (1988), implies that the quality of democracy depends on the relations between citizens, particularly on the acceptance of such values as trust in others and willingness to accept them as equals. Consequently, the way in which human rights are perceived in a society has profound importance for the quality of political life and constitutes the crucial component of democratic political culture.

19

The right to privacy in the light of case law – selected issues

80%

Jarocka J.

Polish Journal of Political Science

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2020

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vol. 6

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issue 4

7-21

EN

The article presents rudimentary information on how the right to privacy is understood in the doctrine and case law of the European Court of Human Rights, the Polish Constitutional Tribunal, the Supreme Court and common courts. In the first place, the author will discuss protection of the right to privacy in light of the acts of international law and the Constitution of the Republic of Poland. Then, selected judgments linked with the right to privacy in certain aspects will be discussed. The article ends with conclusions on how the right to privacy is understood as well as the observable contemporary threats to its protection.

20

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.

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