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Journal articles on the topic 'Inalienable right'
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1
Nelson, John O. "Are There Inalienable Rights?" Philosophy 64, no. 250 (1989): 519–24. http://dx.doi.org/10.1017/s0031819100044272.
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In the United Nations' Universal Declaration of Human Rights a quite large number of things are said to be ‘human rights’ and though in that Declaration the term ‘inalienable’ is not used to describe the rights in question it has been so used by commentators—at least with respect to some of the rights enumerated. I shall forgo asking the prior question as to whether any such thing as a human right exists and ask simply whether any such thing as an inalienable right exists. My intention will be to show that it does not.
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Nanda, Hiranmaya, and Chinmaya Kumar Mohapatra. "The Right to Water: An Inalienable Right." Indian Journal of Public Health Research & Development 8, no. 3 (2017): 360. http://dx.doi.org/10.5958/0976-5506.2017.00216.9.
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Neumann, Tom. "Religious Liberty: An Inalienable Right." Journal of Law and Religion 8, no. 1/2 (1990): 241. http://dx.doi.org/10.2307/1051277.
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McConnell, Terrance. "The Inalienable Right of Conscience." Social Theory and Practice 22, no. 3 (1996): 397–416. http://dx.doi.org/10.5840/soctheorpract199622312.
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Andrew, Edward. "Inalienable Right, Alienable Property and Freedom of Choice: Locke, Nozick and Marx on the Alienability of Labour." Canadian Journal of Political Science 18, no. 3 (1985): 529–50. http://dx.doi.org/10.1017/s0008423900032443.
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AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty precisely because we do not own our lives and liberties. Moreover, we can alienate our person, or our ability to labour, precisely because it is our private property. For Nozick, rights are individual properties. Thus, for Nozick as distinct from Marx, one has the right to sell anything (one's life, liberty, labour or soul) at the market price.
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Moore, Adam D. "Privacy, Interests, and Inalienable Rights." Moral Philosophy and Politics 5, no. 2 (2018): 327–55. http://dx.doi.org/10.1515/mopp-2018-0016.
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Abstract Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy.
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Schwartz, Bryan. "The Inalienable Right to Be Alienated." University of Toronto Law Journal 40, no. 3 (1990): 477. http://dx.doi.org/10.2307/825819.
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Barnett, Randy E. "Contract Remedies and Inalienable Rights." Social Philosophy and Policy 4, no. 1 (1986): 179–202. http://dx.doi.org/10.1017/s0265052500000479.
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I. IntroductionTwo kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights.My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable.I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources.
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McConnell, Terrance. "The Inalienable Right to Withdraw from Research." Journal of Law, Medicine & Ethics 38, no. 4 (2010): 840–46. http://dx.doi.org/10.1111/j.1748-720x.2010.00537.x.
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Consent forms given to potential subjects in research protocols typically contain a sentence like this: “You have a right to withdraw from this study at any time without penalty.” If you have ever served on an institutional review board (IRB) or a research ethics committee, you have no doubt read such a sentence often. Moreover, codes of ethics governing medical research endorse such a right. For example, paragraph 24 of the Declaration of Helsinki says, “The subject should be informed of the right… to withdraw consent to participate at any time without reprisal.” Similarly, section C of the Belmont Report says that subjects must be informed that they have the right “to withdraw at any time from the research.” And in section 46.116 of the Common Rule (issued by the United States Department of Health and Human Services), it says that one of the elements of informed consent must include a statement that “the subject may discontinue participation at any time without penalty or loss of benefit to which the subject is otherwise entitled.”
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Coomans, Fons. "Ideas: Education for migrants: An inalienable human right." UNESCO Courier 2018, no. 4 (2019): 47–49. http://dx.doi.org/10.18356/20e5831f-en.
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CHWANG, ERIC. "AGAINST THE INALIENABLE RIGHT TO WITHDRAW FROM RESEARCH." Bioethics 22, no. 7 (2008): 370–78. http://dx.doi.org/10.1111/j.1467-8519.2008.00666.x.
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Beeko, E. Kwadwo Odame. "The Dual-Relationship Concept of Right-Ownership in Akan Musical Tradition: A Solution for the Individual and Communal Right-Ownership Conflicts in Music Production." International Journal of Cultural Property 18, no. 3 (2011): 337–64. http://dx.doi.org/10.1017/s0940739111000191.
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AbstractThere are apparently two legal systems of “rights ownership” in Ghana, which are (1) the individuals' rights—a system that overemphasizes the exclusive protection of the individual musicians' rights to ownership, and (2) the communal or governmental rights—a system that provides an exclusive protection of the government's (or community's) rights to ownership. Thus, for while the first are the inalienable rights that empower the autonomous musician universally, and are seen as a “private property” of mutually independent individuals; the second are the inalienable rights that empower the collective rights of the community/government, which are seen as a “public property” for a group, with cultural, communal or linguistic rights; systems that are contrary to the Akan systems of right ownership. My aim in this essay contest is to discuss the Akan “individual-communal” dual-relationship with respect to ownership that embraces these two seemingly unrelated concepts of “rights-ownership.”
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Chopra, Tushti. "Expanding the Horizons of Disability Law in India: A Study from a Human Rights Perspective." Journal of Law, Medicine & Ethics 41, no. 4 (2013): 807–20. http://dx.doi.org/10.1111/jlme.12091.
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Human rights are basic, inalienable, interdependent, and universally recognized rights that are sine qua non for existence and growth of any human to be his best. These human rights are to be enjoyed by all human beings (individually or collectively) by virtue of being human, irrespective of their limitations or disabilities; due to the stated reason, the rights of disabled people as a “group right” are recognized as a third-generation human right.
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Gibson, Robert D. "WE THE PEOPLE, Our Inalienable Right to Quality Health Care." American Pharmacy 28, no. 12 (1988): 19–21. http://dx.doi.org/10.1016/s0160-3450(16)33527-9.
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Caroline, Dommen. "The Right to Health." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 13, no. 1 (2003): 27–33. http://dx.doi.org/10.2190/tydu-ljk1-wf5m-bpec.
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Does the global trading system operate to the detriment of human rights? Some people think so. Many argue that trade policy interferes with a nation's capacity to develop its own human rights policies in the areas of health, nutrition, and medical services. This article examines that contention by studying how World Trade Organization (WTO) rules limit a country's ability to uphold the right to health for its citizens and suggests ways that human rights norms and mechanisms can be employed as counterweights to socially harmful WTO polices. The author concludes that most commentators agree that human rights are inalienable and thus would prevail in a judicial setting and that human rights mechanisms have been underused by proponents of public health.
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Wellman, Carl. "The Inalienable Right to Life and the Durable Power of Attorney." Law and Philosophy 14, no. 2 (1995): 245. http://dx.doi.org/10.2307/3505014.
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Wellman, Carl. "The inalienable right to life and the durable power of attorney." Law and Philosophy 14, no. 2 (1995): 245–69. http://dx.doi.org/10.1007/bf01001045.
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Sevostyanov-Briksov, V. V. "Constitutional and Civilistic Bases for Public Relations Differentiation into Organizational and Property Relations. Reflections on the Margins of Oleg E. Kutafin Doctoral Dissertation, 1979, “Planned Activities of the Soviet State: A State-Legal Aspect”." Lex Russica, no. 4 (May 2, 2019): 9–22. http://dx.doi.org/10.17803/1729-5920.2019.149.4.009-022.
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It is proposed to form the constitutional and civilistic foundations of the general legal theory of organizational and property relations. Oleg E. Kutafin was a forrunner of the formation of such foundations. Organizational and property relations are gathered into a uniform binary paradigm. Immanent (inalienable) rights by their nature include only certain legal organizational rights (the right to judicial protection, the right to relief in court, etc.). The presence of subjective inalienable rights in a number of organizational relations once again emphasizes that within the framework of the universal binary paradigm “the organizational — the property”, the property relations possess special ontological continuation of organizational relations. The organizational and property criteria should be taken as two opposite functional manifestations of organization as an essential characteristic of social relations. These two incarnations do not compromise the integrity because their difference does not go into the denial of the essence of any of the social relations. Property, as a phenomenon of a specific nature, overcomes the manifestation of the organization as a phenomenon of a general nature. However, property acts as a legal description of certain legal rights, responsibilities, relationships similar to organization, publicity, etc. The definition of the property relation as the relation regarding material, physical object has introductory-anticipatory value rather than root or essential one. Alienability of legal rights can be of two types: 1) ability to be withdrawn (the ability to be alienated to someone else by force, without discretion or right-holder’s consent); 2) transferability (the ability to be transfered to someone else at the discretion of the right-holder). A negotiable legal right and (or) obligation of at least one of the participants in the relationship indicates that this social relationship is a property relationship, not organizational one. All other signs of the property relation (compensatory nature, etc.) are auxiliary and do not play an attributive role in qualifying the relation as a property relation.
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Potrzeszcz, Jadwiga. "The natural human right to security and security as a constitutional human right." Studia Prawnicze KUL, no. 2 (December 30, 2020): 219–33. http://dx.doi.org/10.31743/sp.5606.
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In this article it was formulated the thesis on the existence of a natural human right to security, and subsequently the analyse of the issue of the relationship between the natural human right to security and security as a constitutional human right. The primary objective of the research was to answer the question whether the natural human right to security influences the existence of security as a human right, guaranteed by positive law, in particular in constitutional law.
 The above analysis of the provisions of the Polish Constitution proved that the right to security as a constitutional human right was not expressly stated in any of these provisions. Certainly, the formulation of an explicit constitutional human right to security raises concerns about the scope of the citizen’s ability to enforce this right from the state, e.g. by means of a constitutional complaint.
 Regardless of the difficulties raised, it is worth interpreting the constitutional human right to security from all the regulations of the Polish Constitution as a function of fundamental rights. In justified individual cases of violations, the constitutional human right to security may be derived from art. 30 of the Polish Constitution, which stipulates that the inherent and inalienable dignity of man is the source of his rights and freedoms.
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Dickenson, D. "Carriers of Genetic Disorder and the Right to Have Children." Acta geneticae medicae et gemellologiae: twin research 44, no. 2 (1995): 75–80. http://dx.doi.org/10.1017/s0001566000001732.
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The are two common replies to the question of whether carriers of genetic disorder should have children. The first simply ends any argument by claiming that everyone has an inalienable right to have children. In many ways this view is quite attractive. The right is said to be universal as well as inalienable. It avoids odious comparisons and applies to everyone, including those whom society has deemed unfit for the flimsiest reasons.In the United Kingdom, for example, a High Court judge recently upheld the decision by Sheffield Health Authority to refuse IVF treatment to Julie Seale, who was then 36, on the grounds of her advanced age. This latest salvo in what one writer has called “the fertility war” follows on from the Grand Peninsular Campaign against IVF treatment for post-menopausal women and the recurrent guerilla battle over enforced sterilisation. As this author remarks, “What has happened without our really noticing it is that, with every new skirmish in the fertility war, we are becoming more and more comfortable with the idea that some people deserve to be parents more than others” [1]. And in an age of what is essentially payment by results, there is a great temptation for healthcare providers to think that those who deserve to be parents are those with the best clinical chances.
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Shanthi, K., and Saritha Nittala. "Intimate Partner Violence and Psychological Attributes - Violation of Right to Live with Dignity." Revista Gestão Inovação e Tecnologias 11, no. 4 (2021): 5441–53. http://dx.doi.org/10.47059/revistageintec.v11i4.2571.
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Human Rights are inalienable. As stated by the UN Charter, gender equality is the fundamental right of every human being. As stated by the Vienna Declaration, women's and girls' rights are inalienable, integral, and form an indivisible part of universal human rights. The entire world has raised its voice and has reached its peak in the 1990s. India, precariously being a male-dominated society, has always looked down on a woman as a vulnerable group, to be dependent, owing to certain sociological, political, and biological conditions. Gender-based violence, as stated by the UN declaration, includes violence against women. It brings within it the broader framework of gender-based discrimination. In every nook and corner, we see and hear about violence against a girl child/ women irrespective of their age, caste, creed, social and economic conditions, and the happenings that shackle all humanity with ignominy. These instances profligately eliminate their basic human rights. Intimate Partner Violence is such a kind of violence, which is distinct from domestic violence and is most common among couples. It is a behavior prevailing in an intimate relationship that leads to physical, psychological, or sexual harm. It is restricted to marital status and extends to non-marital, extramarital relationships, dating couples, live-in relationships, and non-discriminatory. There are instances where women also abuse men in intimate relations. In cases of self-defense, women can be more violent against men. However, overwhelming instances illustrate women as victims in the hands of their male partners, existing or ex-partners. Though attached a social stigma to these relationships, the abuse meted in the hands of their perpetrators affects the physical and psychological traits. This paper mainly emphasizes the nature of Intimate Partner Violence, its instincts, the psychological disorders, and its effects on their right to live with dignity and concludes with possible suggestions and recommendations.
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Amel'chakov, Oleg. "The right to life in the system of constitutional rights and freedoms of individual and citizen." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (2021): 37–41. http://dx.doi.org/10.35750/2071-8284-2021-1-37-41.
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The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties.
 The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law.
 Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.
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Baloyi, J. Joel. "Demystifying the Role of Copyright as a Tool for Economic Development in Africa: Tackling the Harsh Effects of the Transferability Principle in Copyright Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (2017): 165. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2209.
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In the English common law tradition copyright is seen as being in the nature of a property right and thus alienable and transmissible from one person to the other. In contrast, the droit d’auteur system of Continental Europe sees copyright as being an author’s right, which attaches to the personality of the author. However, even in this system a distinction can be made between the monist system (as applies in Germany), which treats both moral rights and economic rights as being inseparable and thus equally inalienable, and the dualist system applicable in France, which distinguishes between moral and economic rights, with the former considered inalienable, while the latter is freely alienable. In this way French law embodies the transferability principle in respect of economic rights, in the same way as the Anglo-American system does. Many countries in Sub-Saharan Africa have inherited copyright laws from their erstwhile colonial masters (whether England or France), resulting in the laws of these countries also embodying the transferability principle. It is argued, however, that the transferability principle has had the inadvertent effect of stifling copyright-based entrepreneurship, and thus economic development in these countries. Because of the conditions of impoverishment prevailing in these countries, authors find that they do not have the material resources to economically exploit their copyright works. They thus have no option but to assign their copyrights to others, mainly foreign entities, resulting in an endless cycle where they can never act entrepreneurially in respect of their copyrights. The paper seeks to explore this phenomenon and make proposals of possible solutions.
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Nzomo, Maria. "The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities." Issue: A Journal of Opinion 22, no. 2 (1994): 17–20. http://dx.doi.org/10.1017/s0047160700501875.
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This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.
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Pacian, Jolanta. "Prawo pacjenta małoletniego do informacji medycznej." Przegląd Prawa i Administracji 109 (November 8, 2017): 215–24. http://dx.doi.org/10.19195/0137-1134.109.13.
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THE RIGHT OF A JUVENILE PATIENT TO MEDICAL INFORMATIONFirst of all, the right of a juvenile patient to medical information belongs to constitutional rights because it is derived from Article 30 of the Polish Constitution which refers to the inherent and inalienable dignity of a person and a citizen. Pursuant to Article 9 of the Act of 06.11.2008 on Patient’s Rights and the Ombudsman for Patient’s Rights, a patient is entitled to information about his or her health. Furthermore, a patient, including a juvenile one who is at least 16 years old, or his/her statutory representative have a right to receive from a doctor comprehensible information about the patient’s health, diagnosis, suggested and possible diagnostic and treatment methods, predictable consequences of their use or abandonment, results of treatment and prognosis. The binding legal regulations are aimed at ensuring proper communication between a doctor and a patient, which is obviously indispensable for correct progress of medical treatment.
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Bulgakov, Vladimir Viktorovich. "Right to ownership on residential premises." Current Issues of the State and Law, no. 10 (2019): 200–206. http://dx.doi.org/10.20310/2587-9340-2019-3-10-200-206.
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The relevance of the topic is due to the importance of such an element of the constitutional and legal status of man and citizen as the right to housing. According to para. 1, Art. 40 of the Constitution of the Russian Federation everyone has the right to housing. At the present stage of social relations development the problem of proper maintenance of right to ownership on residential premises remains acute. The realization of the right to ownership of housing is the foundation for the functioning of the economic and social policy of the state. The purpose of the study is to consider the specifics and content of legal relations related to the ownership, use and disposal of residential premises. We identify the concept of “residential premise”, we also include the scholars position regarding this issue. We consider the proprietary rights for the use, ownership and disposal of property, which in their unity constitute the content of the property right of residential premises. In addition, we analyze the basic provisions of the regulations governing the implementation of the right of ownership of residential premises. We designate the grounds for the emergence of residential premises ownership, as well as the rights and obligations of the owner of the premises. We concluded that the property right is inalienable and serves as a guarantee of the constitutional right to housing.
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Seaman, John W. "Hobbes and the Liberalization of Christianity." Canadian Journal of Political Science 32, no. 2 (1999): 227–46. http://dx.doi.org/10.1017/s0008423900010477.
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AbstractHobbes regarded traditional Christianity as one of the leading threats to the preservation of civil peace. This article argues that he responded to this threat by developing an innovative reinterpretation of Christianity designed to tame it from within. This reinterpretation involved the reshaping of leading Christian doctrines around the same liberal principles that underlie his conception of political authority, the natural law principles of equality of right and inalienable rights. Although this political “liberalization” of Christianity may well have enhanced the prospects of civil peace, it did so by undermining doctrines central to Christianity's biblical roots.
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Chountis, Ioannes. "Reconsidering Burke’s and Arendt’s Theories on “The Rights of Man”: A Surprising Plot Twist?" Conatus 6, no. 1 (2021): 19. http://dx.doi.org/10.12681/cjp.25171.
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Edmund Burke can perhaps be considered as the father of modern conservatism. Hannah Arendt was a very eclectic thinker who embraced ideas from the traditions of liberalism and republicanism. They both commented on the issue of the “Rights of Man” and rejected their abstract and metaphysical nature. And, it was Arendt who saw a ‘certain pragmatism’ in Burke’s ideas. Is this coincidence of opinion a surprising plot twist? An unintentional ‘alliance’ against the naturalness of the “Rights of Man?” This paper first discusses the real relationship between Burke’s and Arendt’s theories on human rights. In the first part, the ideas of the two thinkers are presented and examined. In the second part, the main convergences and divergences are identified. Through a careful reading of the Burkean and Arendtian corpus, it is shown that Arendt agreed with Burke that human rights cannot be abstract or metaphysical. On the other hand, Arendt, being autonomous in her critique, argued for one universal and inalienable right, that is ‘the right to have rights,’ i.e. the right to belong to political community. In overall, the analysis endeavors to provide an answer to the question as to what degree did Arendt endorse Burke’s theories on the “Rights of Man.”
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Maximov, O. A. "The Place of Motions and Complaints in Modern Criminal Procedure." Вестник Пермского университета. Юридические науки, no. 52 (2021): 372–93. http://dx.doi.org/10.17072/1995-4190-2021-52-372-393.
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Introduction: this paper studies motions and complaints in the context of criminal procedure in the Russian Federation. Purpose: to determine the place of the right to file motions and complaints in the structure of rights of persons involved in criminal proceedings, in the system of human rights, the place of motions and complaints in the criminal procedure form, their role in achieving the purpose of criminal procedure. Methods: system analysis, formal and dialectical logic, interpretation of legal norms, comparative historical method, comparative legal method. Results: the sole purpose of criminal procedure is to protect rights and lawful interests of persons involved in criminal proceedings. The scope and the very existence of the legal institution of motions and complaints directly depend on the current purpose of procedure. This legal institution is a regulatory implementation of the right to appeal against procedural actions and decisions, which is among the ‘law-enforcement’ principles that currently determine the form (type) of criminal procedure. The scope of this principle includes both complaints and motions. The right to file motions and complaints serves to ensure that substantive rights can be exercised and also has its individual significance among other inalienable human rights as an element of the ‘right to a right’. The right to file motions and complaints is enshrined in international acts on human rights. The principle of the right to appeal against procedural actions and decisions is the most important guarantee of the purpose of criminal proceedings being achieved, a mandatory component of the criminal procedure form. The right to file motions and complaints consists in legal entitlement to bring into action the state apparatus with the aim of the applicant’s procedural interest being satisfied. Conclusions: the right to file motions and complaints is a key right for building criminal procedure relations aimed at protecting the rights and freedoms of persons involved in criminal proceedings.
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Appleyard, James, and Ketan Desai. "Human Rights and Person Centered Medicine: The Need of the Hour." International Journal of Person Centered Medicine 7, no. 3 (2018): 160–64. http://dx.doi.org/10.5750/ijpcm.v7i3.645.
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The Universal Declaration of Human Rights recognised that the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Its Article 25 included the Right to Health and medical care. Nearly seventy years later, inspite of the undoubted improvements in global health, it is clear that relying on governments and the recourse to civil and legal rights is insufficent for the continuing improvement in global health and social care. A complementary paradigm shift to a more person and people centered approach is needed to secure universal access to health care and better use of current resources The main components of person centered medicine form the corner stone for successful medical treatment and care for all.
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Sangero, Boaz. "Heller's Self-Defense." New Criminal Law Review 13, no. 3 (2010): 449–84. http://dx.doi.org/10.1525/nclr.2010.13.3.449.
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This article reflects on District of Columbia v. Heller and proposes a new footing and limit to the right to bear arms: a person's inalienable right to selfdefense. Self-defense is a natural right embedded in personhood and is antecedent to the social contract that sets up a state. This right consequently remains with the person following the establishment of the state and allows her to use proportional force necessary for resisting aggression. The right to bear arms derives from the constitutional right to self-defense, which merits protection under both the Ninth and Fourteenth Amendments. This instrumental nexus calls for a dynamic determination of the scope of the right to bear arms under the Second Amendment, along Heller's lines. The scope of the right to bear arms should be defined by an ordinary citizen's necessity to use arms in defending herself proportionally against criminals. This criterion will allow courts to deliver both predictable and balanced decisions that align with originalism.
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Sugrue, Thomas J. "“Forget about Your Inalienable Right to Work”: Deindustrialization and Its Discontents at Ford, 1950–1953." International Labor and Working-Class History 48 (1995): 112–30. http://dx.doi.org/10.1017/s0147547900005378.
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Detroit is known the world over as the “Motor City”, Are you trying to change it? Where is your gratitude to your men, your city? We ask what will happen to the thousands who will be let out? What is going to happen to the thousands who are buying homes?
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Dhali, Mohsin, Sonny Zulhuda, and Suzi Fadhilah Ismail. "THE DIGITAL ECONOMY AND THE QUEST FOR PRIVACY PROTECTION IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS." IIUM Law Journal 28, no. 2 (2021): 567–96. http://dx.doi.org/10.31436/iiumlj.v28i2.451.
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The present unbridled advancement in the field of information and communication technology has resulted in individuals being thrust at a crossroad, where refusing to sacrifice one’s privacy would mean the denial of technological benefits. Concern for privacy begins once a child is born into this world where the right to privacy could now be argued needs to be considered as one of the basic human rights similar to other inalienable rights such as the right to life and liberties. Bangladesh is one of the countries that has not given explicit recognition to the right of privacy. This is evident from the absence of explicit indications of the right to privacy in the Constitution of Bangladesh and judicial interventions make the constitutional protection of privacy questionable. The purpose of the present study is to find out whether the right to privacy is in fact recognized and protected by the Constitution of Bangladesh by examining specific provisions in the Constitution of Bangladesh to locate provisions that could be relied on to show that a sliver of recognition could be given to the right of privacy in Bangladesh. This position is then compared to other jurisdictions, especially the common law jurisdictions. The study finds that although Article 43 of the Constitution guarantees limited protection that encompasses the right to privacy of home and correspondence but if read together with the right to life and liberty in Article 32, it could be argued that these are viable provisions in recognizing the right to privacy under the Constitution of Bangladesh.
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Rusi, Nadia, and Fjorda Shqarri. "Limitation or Derogation? The Dilemma of the States in Response to Human Rights Threat during the COVID-19 Crisis." Academic Journal of Interdisciplinary Studies 9, no. 5 (2020): 166. http://dx.doi.org/10.36941/ajis-2020-0095.
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In addressing human rights concerns during COVID-19 crisis, this article starts by explaining the inalienable, invisible, interrelated and interdependent nature of human rights in relation to the fact that a specific right may be closely related to and dependent upon the realization of other human rights and that it is insufficient to respect some human rights and not others. With regard to human rights restrictions, this article then analyzes the two approaches followed by different states as a response to COVID-19: the approach of limitation of the human rights and the derogation from international human rights treaties and it highlights some concerns in the application and implementation of each of them. It concludes that while Governments have a certain decree of discretion in choosing the most appropriate measures to combat COVID-19 pandemic and secure the human rights, such margin of appreciation should not be unlimited. Otherwise, it should be subject to continuous monitoring in order to avoid abuse of human rights.
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HNATIUK, Tetyana. "Modern International Protection of Children's Rights." European Journal of Law and Public Administration 7, no. 2 (2021): 15–23. http://dx.doi.org/10.18662/eljpa/7.2/123.
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Human rights are an inalienable right of everyone from birth. Respect for human rights and freedoms is seen as an indicator of the development of society. The Convention on the Rights of the Child, adopted in 1989 by the UN General Assembly and entered into force a year later, profoundly changed the world treatment of children. Like the Universal Declaration of Human Rights, the Convention formulated something fundamental to human well-being and acted as a watershed and a guide for future generations. According to the provisions of the Convention, the child is an active member of the family, community and society. The announcement of the Global Movement for Children in 1999 marked the beginning of major changes. All over the world, the movement aims to unite all those who believe that children's rights should be a priority. One of the main goals of the movement is to provide a clear understanding that the world's citizens care for children and expect governments to keep their promises.
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Абламська, В. В. "Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 93–101. http://dx.doi.org/10.32631/v.2020.3.10.
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The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts.
 Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights.
 Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.
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Ismail, Zafar H., and Sehar Rizvi. "Governance, Decentralisation, and Poverty: The Case of Pakistan." Pakistan Development Review 39, no. 4II (2000): 1013–30. http://dx.doi.org/10.30541/v39i4iipp.1013-1030.
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Human development and human rights share a common vision and purpose: to secure the freedom, well being and dignity of humanity. Human development is as essential for human rights as the latter is for the former. Historical evidence suggests that the more civilised societies were those that gave a higher priority to both, for example, the Greek, the Roman and the enlightened years of early Islam. The freedom from want is perhaps the one inalienable right of humanity which stands between dignity and indignity and which must be mitigated against by both state and individual.1 For the first time in history mankind adopted these and other human rights when the Universal Declaration of Human Rights was adopted by the United Nations in 1948. Today all but one of the six core covenants and conventions have been ratified by at least 140 countries and state sponsored anti-poverty programmes were initiated globally, most with the help of civil society [UNDP (2000)].
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Guillermet-Fernandez, Christian, and David Fernandez Puyana. "IN PURSUIT OF BROAD AGREEMENTS IN THE FUTURE DEVELOPMENT OF THE DECLARATION ON THE RIGHT TO PEACE WITHIN THE UNITED NATIONS." Przegląd Strategiczny, no. 10 (December 15, 2017): 383–406. http://dx.doi.org/10.14746/ps.2017.1.21.
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War and peace perpetually alternate and peace is always seen as an endless project, even a dream, to be realised in brotherhood by everyone all over the earth. Present generations should ensure that both they and future generations learn to live together in peace with the highest aspiration of sparing future generations the scourge of war. The UN Charter is the most solemn pact of peace in history, which lays down on the necessary basic principles for an enduring peace. Recently, in the context of the joint effort in the recognition of the high importance of practicing tolerance, dialogue, cooperation and solidarity among all human beings, peoples and nations, the General Assembly has raised the voice of victims to strongly condemn war and to openly reiterate their inalienable right to enjoy peace such that all human rights are promoted and protected and development is fully realized. The aim is to present activities of the General Assembly focused on the adoption of the Declaration on the right to peace.
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Nassar, Maha. "Palestinian Citizens of Israel and the Discourse on the Right of Return, 1948–59." Journal of Palestine Studies 40, no. 4 (2011): 45–60. http://dx.doi.org/10.1525/jps.2011.xl.4.45.
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This article traces the evolving discourse on the "right of refugee return"among the Palestinian citizens of Israel during the first decade of Israeli statehood, with emphasis on the role of the local Arabic press in shaping and reflecting that discourse. More particularly, it focuses on al-Ittihad, the organ of the communist party (MAKI), which paid the greatest attention to the refugee issue. In tracing the party's shift from a humanistic/anti-imperialist stance on the issue to one emphasizing the refugees' inalienable right to return, the article sheds light on MAKI's political strategy vis-à-vis the Palestinian minority. It also illustrates the political vibrancy in the early years of the community, generally viewed simplistically in terms of a pre-1967 quiescence and post-1967 politicization.
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Goldman, Merle. "China's Sprouts of Democracy." Ethics & International Affairs 4 (March 1990): 71–90. http://dx.doi.org/10.1111/j.1747-7093.1990.tb00246.x.
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A basic premise of Confucianism rests in the intellectuals' responsibility to speak out against an oppressive government. This tradition continued well into the Maoist era, along with “the mandate from heaven,” which provided an additional fundamental right of the people to dispose of an unfair leadership. Why was it not until the mid-1980s that the intellectuals, the “democratic elite” of China, initiated a public dialogue on the necessity of “inalienable” rights in the Western sense? The reason may lie in the impact the events in the Soviet Union and Eastern Europe had in inducing political reform in post-Mao China. The traditional Confucianist beliefs remained at the core of the emerging ideology. Despite Deng's crackdown in Tiananmen Square, the “sprouts” continue to reappear from time to time, and the author predicts that they will be stronger with each comeback.
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Weiner, Greg. "J. Harvie Wilkinson III, Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance." Society 50, no. 2 (2013): 219–21. http://dx.doi.org/10.1007/s12115-013-9645-1.
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Aseeva, Irina. "PRIVACY PROBLEM IN A DIGITAL EPOCH." Studies of Science, no. 1 (2020): 36–50. http://dx.doi.org/10.31249/scis/2020.00.03.
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Being an inalienable right of a citizen of a democratic state, the right to privacy of life in the digital age is exposed to constant intrusions and encroachments. Private life is becoming an object of interest for the public, state intelligence agencies, commercial organizations, and crime, who have received the opportunity through information and communication technologies not only to look after a person through correspondence and analysis of personal data, but also to manipulate consumer choice, generate demand, track movements and contacts. At the same time, as the results of sociological studies show, modern society itself is becoming more open, and users of Internet resources give the important personal information, often voluntarily post terabytes of photos and videos, losing the border between privacy and publicity, morally acceptable and legally prohibited.
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Alves, Silvia. "THE LAST WOLF. THOMAS HOBBES’ PHILOSOPHY OF CRIME AND PUNISHMENT." HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL 1, no. 1 (2019): 75–127. http://dx.doi.org/10.24861/2675-1038.v1i1.14.
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This article draws a reconstruction of Thomas Hobbes’ philosophy of crime and punishment. In Leviathan or Philosophical rudiments (De Cive) political science, legal theory and philosophy of crime and punishment compose a coherent unity. This scenario where power and law emerge allows to erect an extraordinarily modern theory that shelters preference for statutory law and suspicion of judicial discretion; consistency and predictability of the legal system; preventism and utilitarianism on punishments; prohibition of ex post facto laws and, in general, defense of strict legality. Boldness and the disconcerting frankness of Hobbes’ thinking coexist with some defiant antinomies. The duty to obey never eclipses the inalienable right to self-preservation. And the theorist of absolute sovereignty can present himself as an unexpected liberal. But perhaps the most disturbing is the permanent reminder that punishment remains brutal violence. The right to punish and the right to resist are the brutal remains of the state of nature.
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Timilsena, Surya Prasad. "Role of Armed Police Force, Nepal to Protect and Promotion of Human Rights." Journal of APF Command and Staff College 4, no. 1 (2021): 120–30. http://dx.doi.org/10.3126/japfcsc.v4i1.34143.
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The present article reveals the role and policy of Armed Police Force Nepal in safeguarding human rights. One of the primary missions of the APF Nepal is to protect the citizens from criminal activity and criminal elements and to maintain public order. This duty includes protecting the rights of every citizen. Armed forces have the duty to protect the individual human rights of every person they encounter. This is an affirmative duty, meaning the police services cannot knowingly ignore or intentionally fail to act when a human rights violation is observed. The Armed Police Force has mandated tasks related to protection, promotion, respect and fulfillment of human rights from various aspects. The research has reached in conclusion: Human rights are moral principles or norms that describe certain standards of human behavior and are regularly protected as a legal right in municipal and international law. They are commonly understood as inalienable, universal and indivisible fundamental rights to which a person is inherently entitled simply because she or he is a human being. To achieve this objective APF Nepal has adopted zero tolerance in Human Rights violations and following national and international human rights instrument that have been adopted by Nepal.
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Timilsena, Surya Prasad. "Role of Armed Police Force, Nepal to Protect and Promotion of Human Rights." Journal of APF Command and Staff College 4, no. 1 (2021): 120–30. http://dx.doi.org/10.3126/japfcsc.v4i1.34143.
Full textAbstract:
The present article reveals the role and policy of Armed Police Force Nepal in safeguarding human rights. One of the primary missions of the APF Nepal is to protect the citizens from criminal activity and criminal elements and to maintain public order. This duty includes protecting the rights of every citizen. Armed forces have the duty to protect the individual human rights of every person they encounter. This is an affirmative duty, meaning the police services cannot knowingly ignore or intentionally fail to act when a human rights violation is observed. The Armed Police Force has mandated tasks related to protection, promotion, respect and fulfillment of human rights from various aspects. The research has reached in conclusion: Human rights are moral principles or norms that describe certain standards of human behavior and are regularly protected as a legal right in municipal and international law. They are commonly understood as inalienable, universal and indivisible fundamental rights to which a person is inherently entitled simply because she or he is a human being. To achieve this objective APF Nepal has adopted zero tolerance in Human Rights violations and following national and international human rights instrument that have been adopted by Nepal.
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Mrabure, Kingsley O., and Ufuoma V. Awhefeada. "Appraising Grazing Laws in Nigeria. Pastoralists versus Farmers." African Journal of Legal Studies 12, no. 3-4 (2020): 298–314. http://dx.doi.org/10.1163/17087384-12340053.
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Abstract The paper highlights the historical development of grazing reserves in Nigeria, the recent violent clashes between pastoralists and farmers taking into consideration the effects of grazing on land, causes and consequences of farmer-pastoralist conflicts and the adequacy of grazing laws. The paper contends that the Grazing Reserve Law 1965 applicable only to States in Northern part of Nigeria have not adequately curb the incessant clashes between pastoralists and farmers and that some provisions of the National Grazing Reserve (Establishment) Bill 2016 conflict with farmers’ inalienable right to property as entrenched in the 1999 Constitution of Nigeria (as amended) and protection of propriety rights in land under the Land Use Act. The paper concludes by stating unambiguously that for lasting peace to reign between farmers and pastoralists. States should enact anti-grazing laws has done by Ekiti State which brought relative peace between pastoralists and farmers in the State.
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Karska, Elżbieta, and Karol Karski. "Introduction: Extraterritorial Scope of Human Rights." International Community Law Review 17, no. 4-5 (2015): 395–401. http://dx.doi.org/10.1163/18719732-12341311.
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Human rights hold a common general meaning, as the legal understanding of them, both as regards their principles and their specific wording, may be traced to universal values, including inalienable human dignity. It is regarded as a fundamental human right, and at the same time the source of all of the remaining ones. In such a situation we are dealing with a striving towards their extraterritorial application. Said extraterritoriality has many aspects. National courts regard themselves competent to examine cases connected with violations of human rights beyond the borders of the given country. Human rights treaties are applied outside the territories of the states which are parties thereto. Reservations to treaties dealing with these issues, which are to limit their territorial application, give rise to numerous legal controversies. We are also dealing with competition between the responsibility of the territorial state and the state which exercised effective control in the territory of that state or with joint responsibility. In this context, it would seem that the word “effectiveness” is the appropriate key to alleviating doubts as regards the arising of state responsibility.
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Quirino, Júlia Sara Accioly. "Direito humano ao desenvolvimento: considerações sobre miséria, pobreza e políticas públicas de erradicação." Revista Interseção 1, no. 1 (2020): 3–25. http://dx.doi.org/10.48178/intersecao.v1i1.213.
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RESUMO
 
 O artigo traz a temática do Direito ao Desenvolvimento, aqui compreendido como projeto universal que se propõe à proteção dos indivíduos mediante a oferta de políticas públicas de asseguramento das condições básicas de existência digna. Nesse ínterim, o Direito ao Desenvolvimento aparece na dimensão internacional como direito humano inalienável, visando o desenvolvimento integral dos povos. Assim, resgataremos neste texto a trajetória histórica do Direito ao Desenvolvimento, sua dimensão ontológica e normativa, bem como seus objetivos, a partir da análise das normativas nacionais e internacionais que dão guarida a este direito, bem como dos movimentos de política nacional que buscaram implementar ações de empoderamento das populações vulnerabilizadas a partir dos anos de 1990.
 
 Palavras-chave: Desenvolvimento; Direitos Humanos; Políticas Públicas.
 
 
 ABSTRACT
 
 The article deals with the theme of the Right to Development, understood here as a universal project that proposes the protection of individuals by offering public policies to ensure the basic conditions of dignified existence. In the meantime, the Right to Development appears in the international dimension as an inalienable human right, aiming at the integral development of peoples. Thus, we will rescue in this text the historical trajectory of the Right to Development, its ontological and normative dimension, as well as its objectives, from the analysis of national and international norms that give shelter to this right, as well as the national policy movements that sought to implement actions to empower vulnerable populations from the 1990s onwards.
 
 Keywords: Development; Human rights; Public policy.
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Nurmatov, Gayrat, and Iqbol Kamolova. "CONDITIONS FOR THE FORMATION AND DEVELOPMENT OF PROFESSIONAL COMPETENCIES OF PRIMARY SCHOOL TEACHERS." Scientific Reports of Bukhara State University 5, no. 2 (2021): 296–305. http://dx.doi.org/10.52297/2181-1466/2021/5/2/26.
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Background. It is undoubtedly afield of education that provides a prosperous future for people, guides them in the right direction, and imparts knowledge, which is an inalienable treasure. It is possible to distinguish between the educated and the uneducated at once. Quality education provides a bright future for anybody. For this reason, this article also provides information on the field of education, emphasizing the importance of the role of primary education. There is also information about the professional competence of primary school teachers, that is, the merit, worthiness, love for their work. Suggestions and recommendations are also given on what professional competencies a primary education teacher should have.
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Sefoka, Isaiah Mmatipe. "Building the Builders to Ensure Delivery of Good Quality Education in South Africa: A Critical Legal Insight." Journal of Educational and Social Research 11, no. 4 (2021): 67. http://dx.doi.org/10.36941/jesr-2021-0077.
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This paper examines how educators are playing a dynamic role in ensuring the realisation of the right to quality education through their educational pedagogies. Teaching and learning have now become an essential tool in shaping the right to access quality education. The paper articulates the intervention by the judiciary through its pronouncements, laws, structures, policies and salient programmes in promoting the right to quality education. It emphasises the importance of capacitating educators with relevant expertise and knowledge so that they will impart that education to the learners. It also hints the importance of having good infrastructural amenities as they augment the delivery of the right to quality education. This paper emphasizes that jurisprudentially speaking, the right to education is inalienable and as such, it is incumbent on the government and institutions responsible for delivery of education to ensure that the right is promoted and always provided for. The paper adopted a non-empirical approach generally acceptable in legal research activities. It recommends that government must capacitate and empower educators as this will enable them to improve their pedagogic methods and as a result deliver an education of good quality and high standard. Received: 21 December 2020 / Accepted: 8 April 2021/ Published: 8 July 2021