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Journal articles on the topic 'Limitations on individual rights'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Manish, Kumar. "FUNDAMENTAL RIGHTS IN CONSTITUTIONS: SAFEGUARDING INDIVIDUAL LIBERTIES AND PROMOTING SOCIAL JUSTICE." International Journal of Current Research and Modern Education (IJCRME) 7, no. 2 (2022): 47–50. https://doi.org/10.5281/zenodo.8073637.

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This research paper examines the concept of fundamental rights as enshrined in various constitutions across the globe, focusing on their role in safeguarding individual liberties and promoting social justice. The paper provides an overview of the most common fundamental rights, discusses their significance in democratic societies, and analyzes the challenges and limitations associated with the enforcement of these rights. Furthermore, the paper highlights the importance of balancing individual liberties with collective interests and explores the potential for constitutional reforms to enhance

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Badar, Mohamed Elewa. "Basic principles governing limitations on individual rights and freedoms in human rights instruments." International Journal of Human Rights 7, no. 4 (2003): 63–92. http://dx.doi.org/10.1080/13642980310001726226.

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Arief Fahmi Lubis. "Understanding The Limitations Of Human Rights In Indonesia." International Journal of Law and Society 1, no. 1 (2024): 01–06. http://dx.doi.org/10.62951/ijls.v1i1.35.

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Every individual bears the responsibility of honoring the rights of others within the context of national and state life. This research aims to illustrate that while exercising their rights and freedoms, individuals are obligated to adhere to legal constraints. This adherence is intended to ensure the acknowledgment and respect for the rights and freedoms of others, as well as to fulfill equitable demands in alignment with moral considerations, security imperatives, and the maintenance of public order within a democratic society. This study employs a qualitative research method with a descript

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Shershel, O. V. "Limitation of human rights and freedoms as a manifestation of the laws of dialectics." Uzhhorod National University Herald. Series: Law 1, no. 86 (2025): 294–99. https://doi.org/10.24144/2307-3322.2024.86.1.44.

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The article assumes that the limitations of rights and freedoms established by law must be legitimate, if this is not the case, the law is considered as a tool of the ruling ideology. The development of the system of human rights takes place by expanding the possibilities for their implementation, and accordingly, the volume of restrictions on human rights and freedoms decreases. At the same time, paraphrasing a well-known saying, one can say that the freedom of one person ends where the freedom of another begins, which often leads to a conflict of their interests. Establishing limitations on

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Sahasranamam, Sreevas, and G. Venkat Raman. "Individual resources, property rights and entrepreneurship in China." International Journal of Emerging Markets 13, no. 6 (2018): 1502–21. http://dx.doi.org/10.1108/ijoem-02-2018-0097.

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Purpose In the last decade, the Chinese Government enacted two rule-based policy changes related to property rights, namely, a constitutional amendment to protect the lawful rights of the private sector in 2004 and a property rights law in 2007. Using property rights theory, the purpose of this paper is to hypothesize the contingent effect that these property rights changes have on the investment of individual human and financial capital toward entrepreneurship. In addition, this study also explores whether property rights changes have a differential effect on the two forms of entrepreneurship

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Pereiman, V. Yu. "Restrictions on property rights of individuals." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 295–99. http://dx.doi.org/10.24144/2307-3322.2024.85.1.43.

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The ability of an authorized person to exercise their rights without restrictions can lead to arbitrariness, negatively impacting the stability and resilience of the civil law system, as well as the ability of other entities to exercise their property rights. This is unacceptable in a rule-of-law state. Therefore, in the context of a legal state, it is necessary to develop and establish an effective mechanism for limiting property rights, one that ensures a balance between the property interests of authorized persons and the opposing rights of other individuals and the interests of society. Su

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Shevchuk, Stanislav. "Limitations of Human Rights in the Conditions of War and Peace: The Constitutional Aspect." Philosophy of law and general theory of law, no. 2 (December 26, 2024): 127–52. https://doi.org/10.21564/2707-7039.2.318397.

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The article conducts a doctrinal analysis of the constitutional criteria for restrictions on human rights. The author asks whether the content and scope of these restrictions differ during the martial law period and during peacetime. It also questions whether the constitution allows the state to exceed its constitutional limits during an armed response to the aggressor. It is argued that the introduction of more severe limitations on human rights during martial law must be balanced with the constitutional requirement for the state to act in accordance with the constitution. Otherwise, dispropo

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Jabłoński, Mariusz. "Ograniczenie konstytucyjnych wolności i praw osobistych w czasie trwania stanów nadzwyczajnych." Przegląd Prawa i Administracji 106 (December 13, 2016): 173–91. http://dx.doi.org/10.19195/0137-1134.106.16.

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LIMITATION OF CONSTITUTIONAL FREEDOMS AND PERSONAL RIGHTS DURING EXTRAORDINARY MEASURESThe fundamental issue raised in this elaboration comes down to an attempt at identifying the character and content of constitutional guarantees of freedom and individual rights during extraordinary measures martial law, state of emergency and natural disaster. Three essentials in immanent connection are raised in this respect: constitutional conception of freedom and personal rights, principles and values legalizing the limitations in constitutional guarantees of freedom and individual rights and particular

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Simutina, Y. V. "Limitation of labor rights under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 146–53. http://dx.doi.org/10.33663/2524-017x-2022-13-23.

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The author focuses on the issue of restrictions on particular rights and freedoms through the prism of the provisions of the Constitution of Ukraine and international legal acts, the peculiarities of the mechanism of limiting the right to work and the right to strike as well as the problems of their provision during a state of war. The introduction of the legal regime of martial law in Ukraine provided a legal opportunity to limit the number of individual and collective labour rights and human freedoms temporarily. As for the right to strike, in the conditions of martial law, its implementatio

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Jones, David LLoyd. "Article 6 Echr and Immunities Arising in Public International Law." International and Comparative Law Quarterly 52, no. 2 (2003): 463–72. http://dx.doi.org/10.1093/iclq/52.2.463.

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The Procedural guarantees laid down in Article 6, European Convention on Human Rights in relation to the fairness and expedition of legal proceedings would be meaningless if the Convention did not protect the right of access to the courts which is a precondition to the enjoyment of those guarantees. As a result, the European Court of Human Rights has laid down the principle that Article 6(1) secures to everyone the right to have any claim relating to his civil rights and obligations brought before a court. The right of access to the courts is not absolute. The Strasbourg case law acknowledges

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Mishchenko, Alina, Valentyna Lukianets-Shakhova, Anna Abdel Fatah, Tetiana Sklema, and Hanna Ustinova-Boichenko. "Legal limitations of socio-economic rights: positive and negative experience of Europe." Revista Amazonia Investiga 11, no. 51 (2022): 312–21. http://dx.doi.org/10.34069/ai/2022.51.03.31.

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The article shows the review of legislative restrictions in European countries which deal with the limitations of the socio-economic rights of the population. The research aims to analyze the limits of human and civil rights and freedoms in modern conditions and directly related relations based on the study and generalization of the doctrinal heritage of legal science, current European legislation, and practice of its application. The article highlights the critical analysis of scientists' opinions on the formation and limitation of socio-economic rights, makes a general assessment of the legi

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Suhaimi, Nurnisaa Binti Abdullah, Fadiah Hasna Nadiatul Haq, and Fahmi Sidiq. "Challenges and Responsibilities of Freedom of Expression in the Industrial Era 4.0: Analysis of Social Interaction on Instagram Social Media." International Journal of Linguistics, Communication, and Broadcasting 2, no. 2 (2024): 34–38. http://dx.doi.org/10.46336/ijlcb.v2i2.116.

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The industrial era 4.0 has brought significant changes in people's lives, with the rapid development of technology and information, as well as the important role of social media such as Instagram in digitalization changes. Freedom of expression on these platforms is becoming increasingly important, but also increasingly complex. Freedom of expression is a basic right of every individual which is included in Human Rights (HAM). However, this concept is not absolute and is always accompanied by certain responsibilities and obligations. Laws and statutory regulations stipulate that freedom of exp

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Fathurrohman Fathurrohman, Hendra Lukito, and Ahmad Safrudin. "Analisis Problematika Penegakkan Hak Asasi Manusia Di Tinjau Dalam Segi Aspek Kemasyarakatan." Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara 2, no. 2 (2024): 190–204. http://dx.doi.org/10.55606/eksekusi.v2i2.1109.

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Human rights are rights inherent in every individual universally, without discrimination based on race, religion, gender or other social status. In Indonesia, there have been various cases of human rights violations that have occurred throughout its history. Some of the most famous cases include the 1965 tragedy, mass murder in East Timor, the May 1998 riots, and human rights violations that occurred in Papua and Aceh. At the law enforcement level, Indonesia has established institutions such as the National Human Rights Commission (Komnas HAM) which is responsible for investigating Human Right

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Napso, Maryana. "Information Rights and Their Limitations in the Context of Information Quality Transformation." Journal of Russian Law 28, no. 11 (2024): 124. https://doi.org/10.61205/s160565900030161-1.

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The urgency of the problem of the realization of information rights and freedoms of an individual in the context of changes in the quality of information is due to the increase in the turnover of low-quality and unreliable information. The purpose of the study is to reveal the essence of the identified problem and to study the specifics of the exercise of information rights and the nature of their restrictions in the context of ensuring the circulation of reliable, undistorted information. This necessitated an interdisciplinary approach and the formulation of the following tasks: 1) to conside

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15

Field, Stewart, and Pauline Roberts. "Racism and police investigations: individual redress, public interests and collective change after the Race Relations (Amendment) Act 2000." Legal Studies 22, no. 4 (2002): 493–526. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00666.x.

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This paper considers the impact of the Race Relations (Amendment) Act 2000. It focuses on the kind of situation presented by the Stephen Lawrence murder investigation where racist stereotypes and assumptions infect both police inquiries into serious violent crime and the treatment of victims or their families. It first demonstrates the limited scope of individual redress available prior to the Act in such situations (examining police complaints mechanisms, private prosecutions, misfeasance in public office, judicial review and negligence). It links limitations in the scope of individual redres

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Wadhwa, Japneet Singh, and Rajendra Kumar Saini. "Right to Privacy Forensic Investigation: Indian Perspective." Journal Global Values XV, no. 2 (2024): 247–56. https://doi.org/10.31995/jgv.2024.v15i02.026.

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The right to privacy and forensic investigation are two conflicting interests that have been debated extensively in the Indian context. The right to privacy is a fundamental right guaranteed under the Indian constitution, forensic investigation is a crucial tool for law enforcement agencies to solve crimes and bring perpetrators to justice. This paper examines the tension between these two interests and explores the Indian perspective on balancing individual privacy rights with the need for effective forensic investigation. It analyzes the constitutional framework, judicial pronouncements, and

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Griffin, Rachel. "Rethinking rights in social media governance: human rights, ideology and inequality." European Law Open 2, no. 1 (2023): 30–56. http://dx.doi.org/10.1017/elo.2023.7.

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AbstractThis paper aims to question the dominance of human rights as the primary normative framework for European social media regulation, and academic research in this field. Analysing EU legislation and recent ECJ cases, it shows that issues like discriminatory content moderation, profiling, and promotion of stereotypes cannot adequately be addressed within a human rights framework. The centrality of individual rights in the EU legal regime not only fails to address collective issues, like platforms’ influence on culture and social norms, but cannot even offer effective, equal protection to

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Tolkachev, N. S. "Limitation Period for Labor Disputes in the Views of Scientists: Controversial Proposals for Improving Labor Legislation." Actual Problems of Russian Law 20, no. 1 (2024): 121–30. https://doi.org/10.17803/1994-1471.2025.170.1.121-130.

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The paper examines doctrinal proposals aimed at developing the institution of limitation period in labor legislation. The relationship between the limitation periods for the labor dispute commission (LDC) and the court is considered. Based on the analysis of the norms dedicated to bodies for the consideration of individual labor disputes, the concept of a single limitation period for the Labor Dispute Commission and the court was formulated. The thesis on the devaluation of the significance of statutes of limitations in the absence of time limits for filing an appeal to the State Labor Inspect

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19

Karppinen, Kari, and Outi Puukko. "Four Discourses of Digital Rights: Promises and Problems of Rights-Based Politics." Journal of Information Policy 10, no. 1 (2020): 304–28. http://dx.doi.org/10.5325/jinfopoli.10.1.0304.

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Abstract The notion of digital rights has recently generated a number of political declarations and civil society initiatives across the world. By critically examining these declarations and academic debates on digital rights, this article asks: Why is it that information policy issues are increasingly framed in terms of individual rights? And on what understandings of rights do various political, corporate, and civil society declarations of digital rights rest? The article identifies four discourses of digital rights, linked to different ideological assumptions and political contexts. Finally

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Lvova, Olena. "Limitation of human rights: concept and content." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 81–89. http://dx.doi.org/10.33663/0869-2491-2021-32-81-89.

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Introduction. Human rights and freedoms are inalienable and not violated, however, they should not be opposed to the rights and freedoms of others. There may be some conflict of rights and conflicts of interest that need to be addressed at the level of scientific theory and law-making practice, and this may lead to restrictions on the exercise of certain rights or, conversely, their abuse. The purpose of the article. The article aims to analyze the basic concepts of restrictions on human rights and the content of this category in view of international human rights law. The results obtained. Ex

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Dr., Seera Hemalata. "Protection of Human Rights of Tribal Communities in Visakhapatnam Agency: Challenges and Limitations." International Journal of Academic Research 11, no. 2 (2024): 67–74. https://doi.org/10.5281/zenodo.13761634.

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<strong>Abstract:</strong> India is home to the world's second-largest concentration of tribal populations, primarily situated in forests and hilly regions. Human rights, which are the inherent entitlements of every individual, constitute a vital element of the global socio-cultural fabric. These rights are embodied in abstract principles and values, protected by laws, constitutions, and international agreements. Historically, there were numerous human rights violations and brutalities, particularly against tribal women. Isolation and social discrimination were common experiences for these tri

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Yu, Hea-Kyung. "Management Rights, Three Rights of Labor, Basic Rights for Freedom, Parties of Negotiation, Employment Conditions." Kyung Hee Law Journal 57, no. 4 (2022): 209–48. http://dx.doi.org/10.15539/khlj.57.4.7.

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Management rights are rights granted by the Constitution to guarantee the freedom to choose a job or own properties. Although management rights are constitutional rights, they may be restricted for public welfare. Therefore, it is not right to exclude certain parties from negotiation just to claim the exclusiveness of management rights. In addition, the three rights of labor in Korea are essentially the basic rights for freedom. For that reason, the three rights of labor shall emphasize the freedom or autonomy of labor workers and acknowledged broadly in regards to the employment conditi

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Camins, Emily L. "Needs or Rights? Exploring the Limitations of Individual Reparations for Violations of International Humanitarian Law." International Journal of Transitional Justice 10, no. 1 (2016): 126–45. http://dx.doi.org/10.1093/ijtj/ijv035.

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Parshenko, Viktoriya. "Human rights and their limitations during COVID-19 (New Zealand example)." Sravnitel noe konstitucionnoe obozrenie 32, no. 2 (2023): 157–67. https://doi.org/10.21128/1812-7126-2023-2-157-167.

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In December 2019 the first cases of coronavirus infection were reported. In March 2020 the World Health Organization (WHO) declared the outbreak a pandemic. The widespread emergency situation required a rapid response from all existing states of the world. WHO gave general recommendations and specific, more detailed methods were determined by the countries individually. The choice of technologies depended on many factors, both objective (rate of spread of the virus in certain territories, population density) and subjective (reaction of the population, material resources). This text focuses on

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Moon, Richard. "Limits on Constitutional Rights: The Marginal Role of Proportionality Analysis." Israel Law Review 50, no. 1 (2017): 49–68. http://dx.doi.org/10.1017/s0021223716000327.

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Canada is often cited as one of the principal sources of proportionality analysis – an approach to the determination of limits on constitutional rights that has been adopted in many jurisdictions. The two-step structure of constitutional rights adjudication is built on the idea that these rights are the basic conditions of individual autonomy or liberty that must be protected from the demands of collective welfare. At the first stage of the adjudication the court determines whether the restricted activity falls within the scope of the right. At the second stage the court balances the right aga

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Price, Gregory. "Entrepreneurs." Journal of Entrepreneurship and Public Policy 9, no. 1 (2019): 53–64. http://dx.doi.org/10.1108/jepp-08-2019-0070.

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Purpose The purpose of this paper is to consider if self-employed entrepreneurs, a class of individuals who require enforceable property rights to create new firms and ideas that could increase a society’s material living standards, constitute an individual property rights enforcement mechanism. Design/methodology/approach With data from the General Social Survey, the authors estimate the parameters of mixed-effects categorical regression specifications to measure the effect of self-employment on confidence in the US Supreme Court, raising and donating funds for social or political activities,

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Jegede, Ademola Oluborode, and Myrone Christopher Stoffels. "Climate change protests and a liberal rights approach in South Africa: Pitfalls and potentials." Stellenbosch Law Review 33, no. 2 (2022): 125–47. http://dx.doi.org/10.47348/slr/2022/i2a7.

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The need for states and civil society to contribute to the global response to climate change is an important feature of international climate change instruments and literature. While states are duty-bearers of rights for all, protests are a historic strategy of civil society to demand accountability and foster societal change. The protection of protests is not specifically guaranteed under human rights law, but its inferred legal basis and scope reflects the liberal tradition, where Dworkin’s right-based theory on the tension between individual rights and the collective or societal goal is sig

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Jacobs, Ken, Rebecca Smith, and Justin McBride. "State and Local Policies and Sectoral Labor Standards: From Individual Rights to Collective Power." ILR Review 74, no. 5 (2021): 1132–54. http://dx.doi.org/10.1177/00197939211020706.

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The US enterprise-based collective bargaining regime creates substantial limitations for organizing workers in an economy in which supply chains are increasingly disaggregated in ways that reduce worker power. Federal labor law generally preempts state and local policies that directly address private-sector bargaining. State and local governments, however, are not preempted from setting general labor standards. The authors examine four cases of recent experiments using sectoral standards at the local level. The cases show that sectoral standards have the potential to expand new forms of social

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Lurie, Lilach. "Integrative Employment and Social Security Rights." International Journal of Comparative Labour Law and Industrial Relations 29, Issue 3 (2013): 325–47. http://dx.doi.org/10.54648/ijcl2013021.

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Workers today face many labour market transitions (e.g., between work and caring for family members). This article is intended to make two main contributions to the ongoing debate on how the law should regulate labour market transitions. First, it aims to promote a better understanding of existing and theoretically possible employment and social security provisions by placing them on a spectrum of regulatory models, from individual to integrative regulation. Second, it examines the concept of Integrative Employment and Social Security Rights (IERs), as one of the models on the spectrum. IERs a

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Kubas, Ewa. "Constitutional freedom of assembly and its limitations." Polityka i Społeczeństwo 20, no. 4 (2022): 160–71. http://dx.doi.org/10.15584/polispol.2022.4.11.

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In this publication, the author analyzes the article 57 of the Polish Constitution, which concerns the freedom of assembly and the provisions limiting this freedom. Considerations on the presented topic allow for the conclusion that the freedom of assembly plays an extremely important role in the functioning of a democratic state of law and allows the society to participate in the public debate on many important issues. The analysis shows that this freedom is not, however, absolute and the existing restrictions are necessary for the state and its individual institutions to function efficiently

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Aghyfariz Dittowisono, Madani Agung Geganesywara, M. Naufal Shidqii Dhiyaulhaq, and Shafira Marsa. "The Philosophy of Freedom and Its Limitations in a Democratic Legal System." International Journal of Law and Politics Studies 7, no. 4 (2025): 48–56. https://doi.org/10.32996/ijlps.2025.7.4.3.

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This article investigates the philosophical foundations of freedom and its legal limitations within a democratic legal system, focusing on the perspectives of Hans Kelsen, Hugo Grotius, and the Indonesian model of Pancasila democracy. The study addresses the central question: how can freedom be preserved while lawfully restricted in a manner that respects justice and democratic values? This research draws on primary legal materials, judicial decisions, and philosophical theories by employing a normative juridical method combined with philosophical and conceptual approaches. The findings reveal

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Korycka-Zirk, Milena. "Proportionality vs. legalism." Undecidabilities and Law, no. 4 (December 28, 2024): 101–16. https://doi.org/10.14195/2184-9781_4_4.

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The rule of law is fundamentally anchored in the legality of state actions, ensures that state bodies operate within the legal frames. The interplay between legality and proportionality is crucial, as the legality test assesses whether actions are lawful, while the proportionality test evaluates the balance of interests involved. Together, these principles create an actual scope of individual autonomy against the potential overreach of state power, emphasizing the importance of justice based on individual rights rather than majority interests. The principles of legalism and proportionality are

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Hanh, Bui Thi. "Protecting human rights in Vietnam's prison sentences: insights from judicial supervision today." Revista do Curso de Direito do UNIFOR 16, no. 1 (2025): e252037. https://doi.org/10.24862/rcdu.v15i2.2037.

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The Vietnamese justice system faces a delicate balancing act between punishment and public safety on one side and upholding the fundamental human rights of all, including prisoners, on the other. Committed to international human rights standards, Vietnam embeds principles of dignity and basic rights in its constitution of 2013. However, applying these ideals within prison contexts presents complex challenges. The People's Procuracy serves as a vigilant overseers, ensuring that prisons adhere to national and international human rights norms. Their focus includes providing safe environments, res

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De Lima, Sérgio Fernando Ferreira, Augustus Bonner Cochran, and Marco Antônio César Villatore. "Agency, capabilities and rights: a capabilities approach discussion." Direito e Desenvolvimento 9, no. 2 (2018): 17–29. http://dx.doi.org/10.25246/direitoedesenvolvimento.v9i2.853.

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The aim of this paper is to show how the concepts of agency, capability, and functioning can be aligned in a way that put in evidence the centrality of individual agency. Usually, discussion about the capabilities approach focuses on the limitations and flaws of the theory; here it will be argued that even with limitations and possible problems the capabilities approach could mean a significant paradigm shift for how we think and make Law and public policies. The method used will to analyze some of the principal texts about the subject and to discuss new elements and perspectives that could be

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Dr., Shweta Sharma, and Ajit Singh Dr. "Human Rights: Universal Entitlements and Their Role in Modern Society." Management Journal for Advanced Research 4, no. 5 (2024): 1–4. https://doi.org/10.5281/zenodo.13917542.

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Human rights are universal entitlements that every individual holds by virtue of their humanity, regardless of race, gender, nationality, ethnicity or religion. The paper underscores the role of human rights as protective mechanisms, guiding principles and judicial recourse while suggesting reforms to improve their application in global governance and legal systems. The paper adopts a historical analysis to examine the historical development of human rights, identify contemporary challenges, and propose possible solutions.. We used secondary source of data which includes international document

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Reiter, Axelle. "Victims of human rights violations and victims of human rights restrictions." Temida 17, no. 1 (2014): 29–46. http://dx.doi.org/10.2298/tem1401029r.

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The purpose of international human rights law is to protect basic individual rights and provide to the victims of violations legal remedies against the authors of the abuses. One major difficulty faced in this context originates in the limiting clauses that states insert in international conventions. This paper looks at their compatibility with human rights agreements, in the view of strengthening the legal avenues open to the victims and the possibility for them to obtain redress. The crucial position of human rights at the core of the notion of international public order conditions the appro

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Sushyk, Olha, and Olena Shompol. "The CLIMATE CHANGE IMPACT ON THE HUMAN RIGHT TO ENVIRONMENTAL CONDITIONS OF A SPECIFIED QUALITY (SAFE, CLEAN, HEALTHY AND SUSTAINABLE ENVIRONMENT): SOME INTERNATIONAL ENVIRONMENTAL LAW ISSUES." Review of European and Comparative Law 36, no. 1 (2019): 93–112. http://dx.doi.org/10.31743/recl.4764.

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This article discusses recognition between climate change and human rights at the international level. The analysis shows that despite the UN climate change framework does not adequately address the magnitude of the threat posed by climate change related harm to human rights, domestic, regional or international courts must take account of its provisions in deciding cases. The article argues that the causes for climate cases are diverse, whereby the most often ones are those referring to the competent public authority’s failure to fulﬁl its obligation to regulate limitations of the greenhouse g

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Scotto Benito, Pablo. "Derechos individuales y emancipación política: sentido y vigencia de la crítica de Marx = Individual rights and political emancipation: meaning and strength of Marx’s critique." UNIVERSITAS. Revista de Filosofía, Derecho y Política, no. 26 (July 14, 2017): 2. http://dx.doi.org/10.20318/universitas.2017.3745.

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Resumen: Marx lleva a cabo dos críticas a los derechos. Por un lado, muestra las limitaciones emancipatorias de los derechos de ciudadanía, resultado de la (no reconocida) subordinación del Estado con respecto a la sociedad civil. Por otro, desvela el egoísmo que se esconde detrás de los llamados derechos humanos (libertad, propiedad, igualdad y seguridad), los cuales son en realidad una forma de naturalizar la forma de vida de la sociedad burguesa. Termina por relacionar una crítica con otra, señalando que la emancipación política (el reconocimiento de los derechos de ciudadanía) y el egoísmo

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Vizdoagă, Domnița. "Individual freedom from the perspective of detention and the principle of proportionality." Journal of the National Institute of Justice, no. 2(61) (July 2022): 9–14. http://dx.doi.org/10.52277/1857-2405.2022.2(61).01.

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Although some limitations of the right to liberty are allowed, these measures must be applied in strict accordance with the law, guaranteeing the protection of any person against arbitrary or abusive detention, as the effects of such violations can have irreparable consequences. The detention is an extremely severe intervention of the State in a fundamental right, the mechanisms used for its application are to be subject to the strictest requirements, which determine the competence of the intervention and the means of ensuring respect for the rights of the detained person. In the present study

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Bidabad, Bijan. "Individual law: an Islamic Sufi approach." International Journal of Law and Management 60, no. 6 (2018): 1338–53. http://dx.doi.org/10.1108/ijlma-06-2017-0135.

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Purpose The purpose of this paper is to show how individual law is defined in Islam. Individual law includes a set of human rights that the government is bound to vindicate by duty. Islamic law approach is how human beings transcendence, and freedom may be formed wisely. Design/methodology/approach Spiritual flourishing is the goal of Islamic Sufism. The main topics of individual freedom are discussed here are freedom of opinion, will, religion, speech, meeting, minorities, rule of law, equality before law, rights resulted from implementing justice, ownership and self-determination of destiny

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Kulesza, Joanna. "Freedom of Expression On-Line." International Journal of E-Politics 5, no. 4 (2014): 52–65. http://dx.doi.org/10.4018/ijep.2014100103.

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This article analyses the contents of the universal right to free expression in the context of its applicability on-line. It starts off with a brief recapitulation of the origin, definition and interpretation of the right to free expression, derived from article 19 UDHR. It then goes on to name the three composite rights (the right to hold, impart and receive information and ideas) and details the limitations that may be put by states upon the individual exercise of those freedoms. States' duty to protect free expression is than identified as their negative obligation to refrain from infringem

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Seron Arizmendi, Natale. "Individuals in International Law: A Historical Shift towards Agency." Age of Human Rights Journal, no. 25 (June 30, 2025): e9536. https://doi.org/10.17561/tahrj.v25.9536.

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With the end of the Second World War, the deficiencies of the traditional State-centred approach, grounded on the principle of sovereignty, became evident. Elaborating on the limitations of the State-solo legal doctrine, this article provides insights into the evolution of the individual’s legal personality in international law, highlighting the decline of State-centrism and the rise of new actors and principles. To address this research goal, the article first explores the concept of legal personality and foundational views on individual subjectivity, then traces the progressive recognition o

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Eka Wisanjaya, I. Gede Pasek, and Putri Bella Rosy Widodo. "Freedom of Expression on Social Media in Indonesia: Why are the limitations imposed?" Udayana Journal of Law and Culture 8, no. 1 (2024): 109. http://dx.doi.org/10.24843/ujlc.2024.v08.i01.p06.

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As part of the fundamental human rights, the right to freedom of expression is neither absolute nor unlimited; there are limitations on exercising this right in the context of the democratic rule of law. Presently, the exercise of the right to freedom of expression in social media has been misused by the emergence of fake news or information (hoaxes). The limitations to exercising the right, as stipulated under the Indonesian national laws such as the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2005 concerning the Ratification of the International Covenant on Civil and Politi

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Pangrazio, Luci, and Julian Sefton-Green. "Digital Rights, Digital Citizenship and Digital Literacy: What’s the Difference?" Journal of New Approaches in Educational Research 10, no. 1 (2021): 15. http://dx.doi.org/10.7821/naer.2021.1.616.

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Using digital media is complicated. Invasions of privacy, increasing dataveillance, digital-by-default commercial and civic transactions and the erosion of the democratic sphere are just some of the complex issues in modern societies. Existential questions associated with digital life challenge the individual to come to terms with who they are, as well as their social interactions and realities. In this article, we identify three contemporary normative responses to these complex issues –digital citizenship, digital rights and digital literacy. These three terms capture epistemological and onto

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Erimia, Cristina Luiza, Rodica Sîrbu, Emin Cadar, Aneta Tomescu, and Stelian Paris. "The Reflection of Human Rights in the Health System from the Angle of Patients’ Rights." European Journal of Interdisciplinary Studies 2, no. 1 (2016): 129. http://dx.doi.org/10.26417/ejis.v2i1.p129-136.

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Ever since the drafting of the principles for the promotion and implementation of patients’ rights in European states member of the W.H.O., human values expressed in several intergovernmental instruments were reflected in health care systems. Given that patient rights are part of human rights and are intended to promote long-term patient autonomy, this article examines how human rights are respected from the angle of patient interaction with the health system. In the contemporary era, when the right to health is a human right and is based on its natural rights, European countries and the Europ

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Erimia, Cristina Luiza, Rodica Sîrbu, Emin Cadar, Aneta Tomescu, and Stelian Paris. "The Reflection of Human Rights in the Health System from the Angle of Patients’ Rights." European Journal of Interdisciplinary Studies 4, no. 1 (2016): 129. http://dx.doi.org/10.26417/ejis.v4i1.p129-136.

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Ever since the drafting of the principles for the promotion and implementation of patients’ rights in European states member of the W.H.O., human values expressed in several intergovernmental instruments were reflected in health care systems. Given that patient rights are part of human rights and are intended to promote long-term patient autonomy, this article examines how human rights are respected from the angle of patient interaction with the health system. In the contemporary era, when the right to health is a human right and is based on its natural rights, European countries and the Europ

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Kreštalica, Sanja, and Simeon Petković. "Human rights protection in emergency circumstances: Scope and limitations of article 15 of the European convention on human rights." Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 2 (2023): 537–58. http://dx.doi.org/10.5937/zrpfns57-45319.

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This paper examines the legal framework for the protection of human rights in situations of extreme crisis in the European legal area, in order to achieve a coherent understanding of legal standards that will lead to their more uniform application. Through an in-depth analysis of the meaning and scope of the provisions of Article 15 of the European Convention, as well as the corresponding practice of the European Court of Human Rights, the authors determine under what conditions the suspension of certain rights and freedoms is legally permissible, and which state measures adopted in extraordin

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Evstratov, A. E., and I. Yu Guchenkov. "The Limitation of Human Rights in the Digital Age (Problem Statement)." Herald of Omsk University. Series: Law, no. 4 (2023): 15–23. http://dx.doi.org/10.24147/1990-5173.2023.20(4).15-23.

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Digitalization is gradually affecting all spheres of social life. Technologies are improving over time and are becoming more and more widespread. All of this, among other things, affects the issues of implementation and protection of human rights and freedoms, since digital technologies, despite all of their positive aspects, can be used to restrict the abovementioned rights and freedoms. Purpose. The purpose is to explore the main threats that digitalization poses to human rights and freedoms and to describe possible ways of preventing them. Methodology. During the research comparative-legal

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Akmal, Diya Ul. "Indonesian State of Law: The Essence of Human Rights Protection in the Establishment of Laws and Regulation." Primagraha Law Review 1, no. 1 (2023): 1–11. https://doi.org/10.59605/plrev.v1i1.353.

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The social life of the community contains a wedge of rights breaches committed both by individuals and by the state. Thus, the requirement for rights protection in the establishment of laws and regulations is affirmed. Law is the basis for the State of Law in social and state life. The establishment of laws and regulations is supposed to restrain excessive state authority and create limitations for each individual so that they do not violate the rights of others. The current State of Law paradigm has stressed the protection of Human Rights as being complementary in the functioning of society a

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Le Teno, Sandrine, and Christine Frison. "Sea-ice Melting, Collective Inuit Peoples’ Rights and the Human Rights Discourse: A Critical Legal Analysis of the Nunavut Governance System." Environmental Policy and Law 51, no. 4 (2021): 223–34. http://dx.doi.org/10.3233/epl-201067.

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Climate change has increasing visible effects on the environment, particularly in the Arctic, where the sea-ice melted faster in 2020 than any time before. It directly threatens the Inuit people’s survival, whose livelihood is mainly based on traditional modes of subsistence (hunting, fishing and gathering). In light of the environmental crisis, this paper carries out a critical analysis of the Nunavut (Canada) legal framework, granting Inuit specific rights regarding their traditional way of life. While recognizing that this framework implements international human rights legal standards, we

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