The Age of Human Rights Journal最新文献_第9页

The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims 从国际法视角看船队事件与受害者的司法权利

The Age of Human Rights Journal Pub Date : 2020-12-15 DOI: 10.17561/tahrj.v15.5817

Ömer Bedir

{"title":"The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims","authors":"Ömer Bedir","doi":"10.17561/tahrj.v15.5817","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5817","url":null,"abstract":"The Mavi Marmara flotilla, which sailed for a humanitarian mission and aimed to break the Israeli blockade to Gaza, was intercepted by the Israeli soldiers on high sea on 31st May 2010. In this raid, nine civilians have lost their lives on the spot and 55 others were wounded. States and their agents can be held accountable if they commit crimes. Therefore, the Mavi Marmara victims have the right to sue at national and international level the Israeli officers who took part in the operation. Some victims have filed criminal and civil cases before the Turkish courts against Israel and its officers. Besides these judicial cases brought before the national courts, a referral was also made by the Union of the Comoros, flag country of the Mavi Marmara vessel, to the International Criminal Court. Meanwhile, Turkey and Israel have signed a bilateral agreement for the compensation of the bereaved families. This compensation agreement clears Israel and its officers off all legal responsibilities arising from the flotilla incident before the Turkish courts. This bilateral agreement is a legal obstruction imposed to the victims in their quest of justice. The Turkish Court of Cassation, in its recent decisions, has requested the courts of first instance to take into consideration the provisions of the said agreement. Despite the above mentioned agreement, the victims shall have still the right to sue the Israeli officials responsible for the flotilla incident before national, foreign and international courts, on the grounds of crime against humanity, provided that the necessary requirements are fulfilled.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129009222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Any Chance for the Enforceability of the Human Right to Subsistence? 生存权的可执行性还有机会吗?

The Age of Human Rights Journal Pub Date : 2020-12-15 DOI: 10.17561/tahrj.v15.5823

Celia Fernández Aller

{"title":"Any Chance for the Enforceability of the Human Right to Subsistence?","authors":"Celia Fernández Aller","doi":"10.17561/tahrj.v15.5823","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5823","url":null,"abstract":"It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical foundations and the content of the right are studied and five great challenges are presented, although the most powerful one is to focus on the social and political enforceability of the fundamental right to subsistence. Assessing the effectiveness of the right to subsistence, and the right to food particularly, is a complex issue. In the legal discourse, the question seems to be only suggested. Even when the Constitutions expressly recognize this right in some countries, its implementation faces many constraints. The progressive realization of ESC rights requires a complex interaction of policies and programs in a wide range of sectors and institutions.The scientific method used in this work is the legal-sociological method, regarding the understanding of the rules, the lack of them, their effectiveness, etc. Several methodological techniques have been used, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114282807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Explicative-Existencial Justificacion of Human Rights Analysis of Robert Alexy's Argument in Context of Is-Ought Problem 人权的阐释性-存在性论证——对阿列克谢“是-应该”问题的分析

The Age of Human Rights Journal Pub Date : 2020-12-15 DOI: 10.17561/tahrj.v15.5780

M. Hapla

{"title":"Explicative-Existencial Justificacion of Human Rights Analysis of Robert Alexy's Argument in Context of Is-Ought Problem","authors":"M. Hapla","doi":"10.17561/tahrj.v15.5780","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5780","url":null,"abstract":"This paper analyzes Robert Alexy's explicative-existential justification of human rights. According to the author, there are two problems connected with this concept. It cannot establish human rights universally and explain why we should accept them. In the paper, these questions are addressed in the context of the Is-Ought problem. Alexy's approach is compared with other theories that strive for human rights justification (basic needs approach, capability approach, and the foundationalism of Alan Gewirth). The author finds that in this respect all other theories have similar disadvantages. The inability to adequately elucidate the transition from Is to Ought is a general problem in moral philosophy, and therefore cannot diminish the position of Alexy's justification in this context. Although his approach does not really meet certain absolute requirements for good justification, if we evaluate it in relation to other available alternatives, we have to acknowledge its significant place in the philosophy of human rights. Even with Alexy's theory, however, the problem persists that it establishes rights of human persons rather than rights of human beings. It is therefore not able to fulfill some of its universalist aspirations.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114470916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Right of Assembly in Central Europe 中欧的集会权

The Age of Human Rights Journal Pub Date : 2020-12-15 DOI: 10.17561/tahrj.v15.5786

P. Černý

{"title":"The Right of Assembly in Central Europe","authors":"P. Černý","doi":"10.17561/tahrj.v15.5786","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5786","url":null,"abstract":"The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly. In each of above-mentioned countries, the assembly to which constitutional protection is granted, the definitiondiffers slightly; with the widest concept of assembly deriving from the judicature of the ECHR. The constitutional protection of the Assembly, in particular found in Germany and Austria, which is significantly narrower than the protection provided by the European Convention on Human Rights, may thus at some stage come into conflict with the requirements of the ECHR. The section devoted to freedom of speech deals, among other things, with cases exhibiting shocking photographs, which were part of the campaign against abortion, in front of schools in the Czech Republic and the Slovak Republic. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. This has been the focus of the professional public and the courts for a long time, especially in Germany.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122992700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Systemic Racism, Police Brutality of Black People, and the Use of Violence in Quelling Peaceful Protests in America 系统性种族主义，警察对黑人的暴行，以及在美国使用暴力镇压和平抗议

The Age of Human Rights Journal Pub Date : 2020-12-15 DOI: 10.17561/tahrj.v15.5851

W. Iheme

{"title":"Systemic Racism, Police Brutality of Black People, and the Use of Violence in Quelling Peaceful Protests in America","authors":"W. Iheme","doi":"10.17561/tahrj.v15.5851","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5851","url":null,"abstract":"The Trump Administration and its mantra to ‘Make America Great Again’ has been calibrated with racism and severe oppression against Black people in America who still bear the deep marks of slavery. After the official abolition of slavery in the second half of the nineteenth century, the initial inability of Black people to own land, coupled with the various Jim Crow laws rendered the acquired freedom nearly insignificant in the face of poverty and hopelessness. Although the age-long struggles for civil rights and equal treatments have caused the acquisition of more black-letter rights, the systemic racism that still perverts the American justice system has largely disabled these rights: the result is that Black people continue to exist at the periphery of American economy and politics. Using a functional approach and other types of approach to legal and sociological reasoning, this article examines the supportive roles of Corporate America, Mainstream Media, and White Supremacists in winnowing the systemic oppression that manifests largely through police brutality. The article argues that some of the sustainable solutions against these injustices must be tackled from the roots and not through window-dressing legislation, which often harbor the narrow interests of Corporate America.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126191996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

FREE, PRIOR AND INFORMED CONSENT (FPIC) IN MEXICO: ELEMENTS FOR ITS CONSTRUCTION AND CHALLENGES 墨西哥的自由、事先和知情同意(fpic):建设要素和挑战

The Age of Human Rights Journal Pub Date : 2019-06-13 DOI: 10.17561/TAHRJ.N12.4

José Israel Herrera

引用次数: 0

THE CHALLENGE OF ETHICAL-CULTURAL PLURALISM TO THE UNIVERSALITY OF HUMAN RIGHTS 伦理文化多元主义对人权普遍性的挑战

The Age of Human Rights Journal Pub Date : 2019-06-13 DOI: 10.17561/TAHRJ.N12.10

F. Ramírez

引用次数: 0

EXTRA-TAXATION AND PROPERTY RIGHT IN THE EUROPEAN UNION LAW 欧盟法律中的额外税收和财产权

The Age of Human Rights Journal Pub Date : 2019-06-13 DOI: 10.17561/TAHRJ.N12.5

Carlos María López Espadafor

{"title":"EXTRA-TAXATION AND PROPERTY RIGHT IN THE EUROPEAN UNION LAW","authors":"Carlos María López Espadafor","doi":"10.17561/TAHRJ.N12.5","DOIUrl":"https://doi.org/10.17561/TAHRJ.N12.5","url":null,"abstract":"Indirect taxes are the essence -and the main priority- of tax harmonization in the European Union. The vast majority of EU tax harmonization directives refer to this type of taxation. At the same time, indirect taxes constitute the field in which the principles of tax justice are less defined, either regarding EU Member States, or the institutions of the European Union. This is an issue about which no explicit reference has been found within the EU original or primary law; we don’t find it in the Treaty of the European Union or in the Treaty on the Functioning of the European Union. The materialization of the fundamental rights in the area of community taxation will be of crucial importance for the concretion of these principles, especially in relation to the property right. Thus, within the fiscal harmonization of indirect taxation, the extra-fiscal perspective and, particularly within it, the environmental issues, are of especial relevance. We should bear in mind that excise duties represent an essential field within tax harmonization and within them, taxation of energy and energy products is paramount. These products, due to their highly pollutant nature, have an environmental transcendence that needs to be taken into consideration.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122129216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TOWARDS RECONSTRUCTING THE MEANING OF INHUMAN TREATMENT OR PUNISHMENT: A HUMAN CAPABILITY APPROACH 重建非人待遇或惩罚的意义:人的能力方法

The Age of Human Rights Journal Pub Date : 2019-06-13 DOI: 10.17561/TAHRJ.N12.3

Sonia Boulos

引用次数: 2

BASIC INCOME AND THE RIGHTS OF PERSONS WITH DISABILITIES 基本收入和残疾人的权利

The Age of Human Rights Journal Pub Date : 2019-06-13 DOI: 10.17561/TAHRJ.N12.1

J. Pérez

{"title":"BASIC INCOME AND THE RIGHTS OF PERSONS WITH DISABILITIES","authors":"J. Pérez","doi":"10.17561/TAHRJ.N12.1","DOIUrl":"https://doi.org/10.17561/TAHRJ.N12.1","url":null,"abstract":"The Convention on the Rights of Persons with Disabilities presents a social approach to disabilities. In accordance with this conception, the origin of the discrimination suffered by persons with disabilities is mainly social because we have designed our society without universal access for everybody. There is a normality criterion, based on physical capabilities, intelligence, race and gender that excludes many people from that canon. The different contemporary liberal theories of justice have discussed disabilities thinking about how the State could compensate brute luck. In this context, does universal basic income play some role? Van Parijs in Real Freedom for All defends a unanimous criterion to compensate for brute luck. That compensation would be made before distributing an equal basic income among everybody. In this paper, UBI will be studied in the context of the debate about rights of persons with disabilities. Firstly, the argument given by Van Parijs will be discussed because the unanimous requirement does not fit with a social understanding of disabilities. Secondly, if we consider a right to UBI, it is necessary to study which role this right can play in the life of people with disabilities and if we can say that this right has a universal design. In this point, it will be studied whether UBI can establish some type of indirect discrimination against people with disabilities and if so, which type of reasonable accommodation would be necessary to eliminate that discrimination.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130243392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0