Search results for: religious rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2213

Search results for: religious rights

2183 The Difference Between Islamic Terrorism and Tha Human Rights In The Middle East

Authors: Mina Latif Ghaly Sawiras

Abstract:

The difference between Islamic terrorism and human-rights has become a big question in the fight against Islamic terrorism globally. This is was raised on the fact that terrorism and human rights are interrelated to the extent that, when the former starts, the latter is violated. This direct linkage was recognized in the Vienna Declaration and Program of Action as adopted by the World Conference on Human Rights in Vienna on 25 June 1993 which agreed that acts of terrorism in all its forms and manifestations are aimed at the destruction of human rights. Hence, Islamic-terrorism constitutes a violation on our most basic human rights. To this end, the first part of this paper will focus on the nexus between terrorism and human rights and endeavors to draw a co-relation between these two concepts. The second part thereafter will analyse the emerging concept of cyber-terrorism and how it takes place. Further, an analysis of cyber counter-terrorism balanced as against human rights will also be undertaken. This will be done through the analysis of the concept of ‘securitization’ of human rights as well as the need to create a balance between counterterrorism efforts as against the protection of human rights at all costs. The paper will then conclude with recommendations on how to balance counter-terrorism and human rights in the modern age.

Keywords: balance, counter-terrorism, cyber-terrorism, human rights, security, violation

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2182 A Philosophical Study of Men's Rights Discourses in Light of Feminism

Authors: Michael Barker

Abstract:

Men’s rights activists are largely antifeminism. Evaluation of men’s rights discourses, however, shows that men’s rights’ goals would be better achieved by working with feminism. Discussion of men’s rights discourses, though, is prone to confusion because there is no commonly used men’s rights language. In the presentation ‘male sexism’, ‘matriarchy’ and ‘masculism’ will be unpacked as part of a suggested men’s rights language. Once equipped with a men’s rights vocabulary, sustained philosophical assessment of the extent to which several categories of male disadvantages are wrongful will be offered. Following this, conditions that cause each category of male sexism will be discussed. It shall be argued that male sexism is caused more so by matriarchy than by patriarchy or by feminism. In closing, the success at which various methods address the categories of male sexism will be contrasted. Ultimately, it will be shown that male disadvantages are addressed more successfully by methods that work with, than against, feminism.

Keywords: gender studies, feminism, patriarchy, men’s rights, male sexism, matriarchy, masculism

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2181 Polygamy in the Jewish and Western Tradition - Religion, Class and Tolerance

Authors: S. Zev Kalifon

Abstract:

The question of polygamy for Moslem minorities in Western nations has often been raised in the political and social discourse. Can polygamy be tolerated as a religious or human right in the West. For example, before the 2015 election in Israel, changes were made in the electoral system, which encouraged three small Arab parties to merge into one list. This “Unity List” included the socially liberal Communist list and a socially conservative Islamist list. Two members of the Islamist list were polygamists. Some rival politicians called for the election board to disqualify these men (and even the whole list) from the election process. This request was denied by the courts, and the men were elected to the parliament. Their subsequent seating in the parliament was questioned by many on both the liberal and conservative sides of the political spectrum. Some political commentators went so far as to describe polygamy as a “mark of disgrace” (a term usually reserved for people convicted on corruption charges). There are also problems in other areas of society; these include the rights of these families for welfare and social services (public policy issues) and residence in Israel. Using qualitative methods (primarily historical and archival data), this paper will analyze at the historic and cultural processes which created the intense opposition to polygamy in Judaism (for Israel) and Christianity (for the Western world). It will look at the debate over the "religious right" of polygamy for Moslem citizens in Israel and other Western cultures. Finally, it will examine the political, cultural, and demographic pressures which encourage polygamy in these minorities. This paper will demonstrate that the debate over polygamy is more than a question of religious freedom or human rights or multi-culturalism. It is a central symbol of modernity and the Western worldview.

Keywords: human rights, Judaism, multi-culturalism, polygamy, western values

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2180 Sociological Review of the Implantation of New Religious Movements in Spain

Authors: María Del Mar Ramos-Lorente, Rafael Martínez-Martín

Abstract:

More than 40 years have passed since the Spanish Constitution in force today was approved in 1978. The period prior to that Constitution, which marked the transition to democracy, was marked by National Catholicism, which actively limited the existence of religions other than Catholicism in the national territory. The approval of this norm allowed the opening in many aspects, including the religious one. This work will profusely describe the evolution of the appearance of religious minorities in Spain from the moment of the transition, in which the space for religious freedom appears up to the present. The methodology is twofold. On the one hand, qualitative analysis of the legislation has allowed the religious opening. On the other, the quantitative analysis of the NMRs implemented in Spain. The entire analysis establishes the increase in religious organizations as a result, with notable variations across the territory.

Keywords: new religious movements, religious minorities, sociological analysis, Spain

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2179 Religious Insurgency in Nigeria: A Bane to National Unity

Authors: Ayoola Adediran Amos

Abstract:

Nigeria as a secular state that is characterized with various religions namely: Christianity, Islam and African Religion. Each of the religion adherents often claim that their religion is the only means of gaining eternity while others who do not belong to their sect may not be opportuned. Religious doctrine within those religious sects is another source of insurgency which serves as a threat to the unity of Nigeria. Similarly, Boko Haram Religious group has become a threat to the unity of the country in which its root has both political and religious undertones. Primary and secondary sources of collecting data were used. Historical method allowed enquiry into the past events and improvement to the current experience. Both published and unpublished theses were used. Interview was also conducted as part of the secondary sources. It was observed that all aspects of the system in Nigeria were affected with this scourge of religious unrest. i.e. education, political, economic and a host of others. Finally, it was recommended that religious leaders should be given adequate orientation on the needs not to preach against other religious groups. Government of Nigeria should not give priority to one religion at the expense of others.

Keywords: insurgency, national unity, religious, threat

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2178 The Various Legal Dimensions of Genomic Data

Authors: Amy Gooden

Abstract:

When human genomic data is considered, this is often done through only one dimension of the law, or the interplay between the various dimensions is not considered, thus providing an incomplete picture of the legal framework. This research considers and analyzes the various dimensions in South African law applicable to genomic sequence data – including property rights, personality rights, and intellectual property rights. The effective use of personal genomic sequence data requires the acknowledgement and harmonization of the rights applicable to such data.

Keywords: artificial intelligence, data, law, genomics, rights

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2177 Beyond the 'Human Rights and Development' Discourse: A Quest for a Right to Sustainable Development in International Human Rights Law

Authors: Roman Girma Teshome

Abstract:

The intersection between development and human rights has been the point of scholarly debate for a long time. Consequently, a number of principles, which extend from the right to development to the human rights-based approach to development, have been adopted to understand the dynamics between the two concepts. Despite these attempts, the exact relationship between development and human rights has not been fully discovered yet. However, the inevitable interdependence between the two notions and the idea that development efforts must be undertaken by giving due regard to human rights guarantees has gained momentum in recent years. On the other hand, the emergence of sustainable development as a widely accepted approach in development goals and policies makes this unsettled convergence even more complicated. The place of sustainable development in human rights law discourse and the role of the latter in ensuring the sustainability of development programs call for a systematic study. Hence, this article seeks to explore the relationship between development and human rights, particularly focusing on the place given to sustainable development principles in international human right law. It will further quest whether there is a right to sustainable development recognized therein. Accordingly, the article asserts that the principles of sustainable development are directly or indirectly recognized in various human rights instruments, which provides an affirmative response to the question raised hereinabove. This work, therefore, will make expeditions through international and regional human rights instruments as well as case laws and interpretative guidelines of human rights bodies to prove this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability

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2176 Human Rights Law: A Comparative Study of the Nigerian Legal Provisions and the Islamic Law Perspectives

Authors: Abdus-Samii Imam Arikewuyo

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The human rights phenomenon increasingly gains universal prominence in the contemporary age. This embraces the clamour for a just treatment of individuals in society. The human rights agitation is a global pursuit which virtually gave birth to many national and international human rights organizations. In particular, Nigeria accedes to a number of human rights covenants. Invariably, there are some provisions which are recognized as inalienable rights of man in his society by which his intrinsic worth and dignity are protected by law. Nonetheless, the constituents of human rights differ in various societies. Conversely, Islam, as a complete code of life, guarantees the rights of a man vis-à-vis the rights of others in his environment regardless of place and time. Human rights pressure in Nigeria in recent times prompted proactive steps to address the issue through various legal instruments. Amazingly, the struggle appears to be a rhetorical noise because the human rights violation subsists. This provokes the present research on a comparative study of the Nigerian legal provisions and the Islamic law perspectives on human rights. It is discovered that the first is simply theoretical, while the other contains both the theoretical framework and the practical measures for its enforcement. The study adopts analytical and descriptive methods. It concludes with the assertion that the Islamic law provisions are all-embracing, universal and more efficacious. Hence, it recommends the adoption of the Islamic law approach to human rights issues.

Keywords: human rights, Nigerian legal provisions, shariah law, comparative study, charter

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2175 The Urgency of ASEAN Human Rights Court Establishment to Protect Human Rights in Southeast Asia

Authors: Tareq M. Aziz Elven

Abstract:

The issue of Human Rights enforcement in Southeast Asia has become the serious problem and attract the attention of international community. Principally, Association of Southeast Asian Nations (ASEAN) has mentioned the Human Rights as one of the focus and be a part of the ASEAN Charter in 2008. It was followed by the establishment of ASEAN Inter-Governmental Commission on Human Rights (AICHR). AICHR is the commission of Human Rights enforcement in Southeast Asia which has a duty, function, and an authority to conduct dissemination and protection of Human Rights. In the end of 2016, however, the function of protection mandated to AICHR have not achieved yet. It can be proved by several cases of Human Rights violation which still exist and have not settled yet. One of case which attracts the public attention recently is human rights violation towards Rohingya in Myanmar. Using the juridical-normative method, the research aims to examine the urgency of Human Rights court establishment in Southeast Asia region which able to issue the decision that binds the ASEAN members or the violating parties. The data shows that ASEAN needs to establish a regional court which intended to settle the Human Rights violations in ASEAN region. Furthermore, the research also highlights three strong factors should be settled by ASEAN for establishing human rights court i.e. the significant distinction of democracy and human rights development among the members, the strong implementation of non-intervention principle, and the financial matter to sustain the court.

Keywords: AICHR, ASEAN, human rights, human rights court

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2174 Millenial Muslim Women’s Views on Religious Identity and Religious Leaders: The Role of the State on Religious Issues and Religious Radicalism in Jakarta

Authors: Achmad Muchadam Fahham, Sony Hendra Permana

Abstract:

Millennial Muslims are a generation of young people between 20-30 years. They will play an important role in various aspects of life for the next 10 to 20 years. In Indonesia, the population of this generation is quite large and in the next ten to twenty years they will occupy strategic position in various fields of social, economic and political life. One of the characteristics of the millenials generation are always connected to the internet and independence to learn anything from the internet. In terms of religion, the majority of millennial are Muslim. In digital era, the generation of millenial Muslim is vulnerable to the influence of radical Islamic thinking because of their easy access to that thought on social media, new media, and the books they read. This study seeks to examine the religious views of millennial Muslim women in four main focuses, namely religious identity, religious leaders, the role of the state on religious issues, and religious radicalism. This study was conducted with a qualitative approach, the data collection was carried out by the interview method. The study was conducted in Jakarta, mainly in religious study groups located in several mosques and shopping center in Jakarta. This study is expected to portray the religious views of millennial Muslim women, especially their commitment to Islamic identity, their views on the authority of religious leaders, the role of the state in various religious problems, and religious radicalism.

Keywords: millenial Muslims, radicalism, muslim mowen, religious identity

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2173 Life-Narratives and Human Rights: Reflections about the Women's Rights and State of Exception

Authors: Luana Mathias Souto

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The situation about women’s rights it’s a sensitive issue when it’s talking about human rights. More difficult its find a way to protect these rights. Aware of this problem, this article aims to analyze the women’s rights in the Brazilian context, mainly, the reproductive rights. So, to achieve this purpose, this paper through the combination of Law, philosophy, and Literature tries to rethinking why women can’t have a voice when the decisions about their rights are taken. Methodologically, it was used as an interdisciplinary bibliographical revision between Law, philosophy, and Literature. From Literature it brings the contributions from the life-narratives as an instrument to promote human rights. Besides the life-narratives theory, it’s also used the novel The Handmaid’s tale from Margaret Atwood, which became a symbol to reflect about reproductive rights. From philosophy, it’s adopted the concepts of Homo sacer and state of exception developed by the philosopher Giorgio Agamben. The contributions of these different researches fields made possible to conclude that women are Homo sacer because governments ignore their voices and opinions when they talk about abortion. The control of the human body, mainly, women bodies it’s more important than preserving some fundamental rights and because of this, it’s so difficult to preserve and promote the human rights. Based on these conclusions, it is understood that when the state is incapable or does not want to guarantee the adequate protection of human rights, it is up to society through its various means to find ways to protect them, and this is the main proposal sought by this article.

Keywords: dystopian fiction, human rights, life-narratives, state of exception

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2172 The Essence and Attribution of Intellectual Property Rights Generated in the Digitization of Intangible Cultural Heritage

Authors: Jiarong Zhang

Abstract:

Digitizing intangible cultural heritage is a complex and comprehensive process from which sorts of intellectual property rights may be generated. Digitizing may be a repacking process of cultural heritage, which creates copyrights; recording folk songs and indigenous performances can create 'related rights'. At the same time, digitizing intangible cultural heritage may infringe the intellectual property rights of others unintentionally. Recording religious rituals of indigenous communities without authorization can violate the moral right of the ceremony participants of the community; making digital copies of rock paintings may infringe the right of reproduction. In addition, several parties are involved in the digitization process: indigenous peoples, museums, and archives can be holders of cultural heritage; companies and research institutions can be technology providers; internet platforms can be promoters and sellers; the public and groups above can be beneficiaries. When diverse intellectual property rights versus various parties, problems and disputes can arise easily. What are the types of intellectual property rights generated in the digitization process? What is the essence of these rights? Who should these rights belong to? How to use intellectual property to protect the digitalization of cultural heritage? How to avoid infringing on the intellectual property rights of others? While the digitization has been regarded as an effective approach to preserve intangible cultural heritage, related intellectual property issues have not received the attention and full discussion. Thus, parties involving in the digitization process may face intellectual property infringement lawsuits. The article will explore those problems from the intersection perspective of intellectual property law and cultural heritage. From a comparative approach, the paper will analysis related legal documents and cases, and shed some lights of those questions listed. The findings show, although there are no intellectual property laws targeting the cultural heritage in most countries, the involved stakeholders can seek protection from existing intellectual property rights following the suggestions of the article. The research will contribute to the digitization of intangible cultural heritage from a legal and policy aspect.

Keywords: copyright, digitization, intangible cultural heritage, intellectual property, Internet platforms

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2171 The Impact of Artificial Intelligence on Human Rights Priciples and Obligations

Authors: Adel Atta Youssef Rezkalla

Abstract:

Russia's invasion of Ukraine tested the international community and prompted not only states but also non-state actors to take deterrent measures in response. In fact, international sports federations, notably FIFA and UEFA, have managed to shift the power dynamic quite effectively by imposing a blanket ban on Russian national teams and clubs. The purpose of this article is to examine the human rights consequences of such actions by international sports organizations. First, the article moves away from assessing the legal status of FIFA and UEFA under international law and examines the question of how a legal connection can be established with their human rights obligations. Secondly, the human rights aspects of the controversial FIFA and UEFA measures against Russian athletes are examined and these are analyzed in more detail using the proportionality test than the principle of non-discrimination under international human rights law. Finally, the main avenues for redress for possible human rights violations related to the actions taken by these organizations are identified and the challenges of arbitration and litigation in Switzerland are highlighted.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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2170 Anthropology of Women and War (1979-1988) in Iran: The Role of Islamic Republic Media

Authors: Mina Dousti

Abstract:

Like many women worldwide, and especially those living in the Middle East, Iranian women are struggling to have equal rights as men. The Islamic Republic regime, established in 1979, made this path even more difficult for Iranian women. Media and the Islamic Republic's powerful propaganda are the main factors and advertisers in omitting women's social rights and civic activities. Also, the hijab (veil), which became obligatory immediately after the revolution based on the Qur'an and religious Hadiths, was another way of suppressing women. Since the Islamic Republic Revolution and the following Iran-Iraq war (1980-1988), the Iranian female community has been experiencing different social and legal challenges. Aside from the Islamic regime's role in ignoring women, their families have also contributed to this limitation via unreasonable zeals and religious prejudices. Subsequently, all these factors led to pushing Iranian women to the corner and public dormancy. During the eight-year war, many Iranian women directly participated in the war front line. Although they became martyred, the regime intentionally ignored their public presence employing Islamic justifications and Sharia as an excuse. The government did these actions to justify censorship and unfairness toward women.

Keywords: Iranian women, Islamic Republic Regime, hijab, revolution, Iran-Iraq war, Martyr

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2169 Religious Diversity, Tolerance, and Understanding: Strategies to Restore Peace in Nigeria

Authors: Mary Emilia Aboekwe

Abstract:

Nigeria is a country with different ethnic groups and diverse religious affiliations. Owing to these differences, there continue to arise at various points and times conflicts. Lives and unquantifiable amounts of property have been lost as a result. It is the aim of this paper to show that despite these diverse religious affiliations, there can be unity and peace. The paper using a phenomenological approach, argues that religion is fundamentally oriented towards peace. Hence, one who is truly religious is to be disposed towards peaceful coexistence. This paper advocates tolerance, respect, appreciation, love, willingness to cooperate, accepting other persons with all they have in common but their differences as well. In other words, there is need for dialogue between the religions, involving inter-religious conference and possible inter-religious prayer services.

Keywords: dialogue, diversity, tolerance, understanding.

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2168 Impact of Religious Struggles on Life Satisfaction among Young Muslims: The Mediating Role of Psychological Wellbeing

Authors: Sarwat Sultan, Frasat Kanwal, Motasem Mirza

Abstract:

The impact of religiosity on people’s lives has always been found complex because some of them turn to religion to get comfort and relief from their fear, guilt, and illness, whereas some become away due to the perception that God is revengeful and distant for their conduct. The overarching aim of this study was to know whether the relationship between religious struggles (comfort/strain) and life satisfaction is mediated by psychological well-being. The participants of this study were 529 Muslim students who provided their responses on the measures of religious comfort/strain, psychological well-being, and life satisfaction. Results revealed that religious comfort predicted well-being and life satisfaction positively, while religious strain predicted negatively. Findings showed that psychological well-being mediated the prediction of religious comfort and strain for life satisfaction. These findings have implications for students’ mental health because their teachers and professionals can enhance their well-being by teaching them positive aspects of religion and God.

Keywords: attitude towards god, religious comfort, religious strain, life satisfaction, psychological wellbeing

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2167 Analyzing a Human Rights Approach to Poverty and Development Goals in the ASEAN Region

Authors: Nithya Devi

Abstract:

Poverty, hunger and water scarcity are threats to human rights and are assaults on human dignity. The very existence of man is questioned when his basic rights are violated. Addressing this social phenomenon should be a key objective of any human rights discourse. The origins of these problems have various root causes. For Asia, colonisation was an essential factor that caused great inequalities in the distribution of wealth. In the post-colonial era, the colonised states were developing nations grappling with these issues. Today, some of the developing states have progressed to developed nations. However, others remain as economically vulnerable countries. Within states, the widening income gap poses further threat to human rights. Hence ASEAN states have prioritised socio-economic rights, particularly basic needs, in the human rights discourse in this region. To date, poverty and development goals are given primary importance. This paper seeks to show how a human rights approach has dealt with poverty and development goals in this region and evaluates its effectiveness in addressing these concerns.

Keywords: ASEAN, development, human rights, poverty

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2166 Examining the Perceptions of Religious Stakeholders Towards Religious Tourism Development

Authors: Sotiroula Liasidou, Katerina Pericleous, Zanete Garanti,

Abstract:

Traveling for religious and pilgrimage purposes consists of an early-stage motivation for the historical development of tourism. Sacred places have become important attractions for local and foreign visitors, and many countries invest in the development of religious and pilgrimage tourism. Cyprus has a rich tradition as an important place for the establishment and diffusion of the Christian Orthodox Religion (Greek). Being considered the ‘island of Saints’, Cyprus sets strong foundations to be recognised as a spiritual destination of devotion for visitors interested in discovering the roots and the spiritual essence of the Christian Orthodox Religion. The paper elucidates on bringing together the fact of whether tourism in sacred places affects spirituality and religiosity. Thus, the aim is to consider the perceptions of the main religious stakeholders, including monastery abbots, in relation to the development of religious tourism. The aim of the study is fulfilled by incorporating questionnaires targeting the responses of the involved religious key players and stakeholders. The results of the study are indicative and provide an understanding in terms of religious tourism as an important product by interpreting the stance of religious stakeholders. In general, religious leaders support tourism in religious sites and argue that spirituality and holiness can be maintained as long there is a policy that is followed both by religious and tourism policymakers. Undoubtedly, establishing Cyprus as a religious tourism destination would bring many economic and social benefits.

Keywords: religious tourism, pilgrimage, Cyprus, Christian Orthodox Religion, sacred places, monasteries

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2165 The Social Model of Disability and Disability Rights: Defending a Conceptual Alignment between the Social Model’s Concept of Disability and the Nature of Rights and Duties

Authors: Adi Goldiner

Abstract:

Historically, the social model of disability has played a pivotal role in bringing rights discourse into the disability debate. Against this backdrop, the paper explores the conceptual alignment between the social model’s account of disability and the nature of rights. Specifically, the paper examines the possibility that the social model conceptualizes disability in a way that aligns with the nature of rights and thus motivates the invocation of disability rights. Methodologically, the paper juxtaposes the literature on the social model of disability, primarily the work of the Union of the Physically Impaired Against Segregation in the UK and related scholarship, with theories of moral rights. By focusing on the interplay between the social model of disability and rights, the paper provides a conceptual explanation for the rise of disability rights. In addition, the paper sheds light on the nature of rights, their function and limitations, in the context of disability rights. The paper concludes that the social model’s conceptualization of disability is hospitable to rights, because it opens up the possibility that there are duties that correlate with disability rights. Under the social model, disability is a condition that can be eliminated by the removal of social, structural, and attitudinal barriers. Accordingly, the social model dispels the idea that the actions of others towards disabled people will have a marginal impact on their interests in not being disabled. Equally important, the social model refutes the idea that in order to significantly serve people's interest in not being disabled, it is necessary to cure bodily impairments, which is not always possible. As rights correlate with duties that are possible to comply with, as well as those that significantly serve the interests of the right holders, the social model’s conceptualization of disability invites the reframing of problems related to disability in terms of infringements of disability rights. A possible objection to the paper’s argument is raised, according to which the social model is at odds with the invocation of disability rights because disability rights are ineffective in realizing the social model's goal of improving the lives of disabled by eliminating disability. The paper responds to this objection by drawing a distinction between ‘moral rights,’ which, conceptually, are not subject to criticism of ineffectiveness, and ‘legal rights’ which are.

Keywords: disability rights, duties, moral rights, social model

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2164 The Human Rights of Women in Brazilian Territory: A Literature Review of the Axes of the National Human Rights Program III

Authors: Ana Luiza Casasanta Garcia, Maria Del Carmen Cortizo

Abstract:

From the classic contractualist and early declarations of modern rights, discussions on policies for the protection and promotion of human rights were highlighted in an attempt to ensure the realization of human dignity and its values, which are (re) negotiated according to the needs evidenced in each historical and contextual moment. Aiming at guaranteeing human rights to Brazilian citizens, created in 2009 and updated in 2010, the Third National Human Rights Program (PNDH III) in force highlights guidelines and recommendations to guarantee human rights, among them, to guarantee the rights of women in Brazil. Based on this document, this article aims to locate historically and culturally the understanding of human rights related to the rights of women in Brazilian territory, from the analysis of the guiding axes of women's rights of the PNDH III. In methodological terms, the qualitative approach and documentary research were used to analyze the data according to the critical discourse analysis. As a result, it has been found that the process of building and maintaining the guarantee of women's human rights needs a reformulation that also shows a social revolution. This is justified by the fact that even with the provision in the PNDH III that, in order to guarantee the rights of women, it is necessary, for example, to adapt the Penal Code to the decriminalization of abortion and the professionalization of prostitution, these points are still very controversial and are not put into practice by the State. Finally, the importance of the critique of politics and the current system of production of understandings in favor of this social transformation is emphasized.

Keywords: human rights of women, social transformation, national human rights program III, public politics

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2163 Religious Reform and Secularism

Authors: Djehich Mohamed Yousri

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Religious Reform and Secularism present the title of the research paper (Religious Reform and Secularism) is the subject of this research paper. The researcher proceeded to address it through three main axes, in addition to an introduction and a conclusion that indicated the most important results of the study. Where the first axis dealt with the concept of the secular, while the second axis dealt with religious reform, and we devoted the third axis to discussing the relationship between them. It is a treatment that requires the researcher, at the level of methodology, to critically rethink the concepts of (religious) and (secular), and accompany the radical revisions that have been made in the field of (post-secular) studies in this regard. The paper concluded that caution should be exercised in dealing with the terms "religious reform" and "secularism". There are different and diverse viewpoints on (religious reform) and on (secularism) as well, and therefore it is wrong, according to the perspective of the paper, to deal with either of them as representing one comprehensive, homogeneous, closed and semantically stable category. ) or (secularism) with a set of diverse and divergent points of view from each other, a path that ultimately leads to confusion, confusion, ambiguity and misunderstanding.

Keywords: secularism, post-secularism, religious reform, concept of religion, the concept of secularism

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2162 The Europeanization of Minority and Disability Rights: A Comparative View

Authors: Katharina Crepaz

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Both minority rights and disability rights are relatively new fields for policy-making in a European context, and both are affected by the EU’s diversity mainstreaming approach, as well as by the non-discrimination legislation drafted at the European level. These processes correspond to the classic understanding of Europeanization, namely a “top-down” stream of influence from the European to the national and subnational levels. However, both minority and disability rights movements also show instances of “bottom-up” Europeanization, e.g. transnational advocacy networks and efforts to reach joint goals at the EU-level. This paper aims to provide a comparative perspective on Europeanization in both fields, pointing out similar dynamics and patterns, but also explaining in which sectors outcomes may be different and which domestic and other scope conditions may be responsible for these differences.

Keywords: europeanization, disability rights, minority rights, comparative perspective

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2161 Understanding Human Rights Violations in the Fight against Boko Haram: A Historical Perspective

Authors: Anthony Mpiani

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Recent media and NGO reports suggest that human rights violations have been a salient characteristic of the government Joint Task Force (JTF) in the war on Boko Haram. However, there has been relatively scant scholarly engagement with the forms of abuses committed by the JTF against civilians and why such human rights violations occur. The focus of this paper is to analyse the various human rights violations committed by JTF in the war against Boko Haram. Employing a historical approach, it argues that the JTF's human rights violations is shaped by the philosophy of colonial policing in Nigeria. Consequently, the failure of successive post-colonial governments to ideologically transform policing is accountable for the human rights abuses being witnessed in Nigeria today. A philosophical transformation in Nigeria's security forces especially the police and military is a prerequisite for ending human rights abuses in the fight against Boko Haram.

Keywords: colonialism, policing, joint task force, counterinsurgency, Boko Haram, human rights violations

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2160 Political Perspectives Regarding International Laws

Authors: Hamid Vahidkia

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This exposition investigates the connection between two viewpoints on the nature of human rights. Agreeing with the “political” or “practical” point of view, human rights are claims that people have against certain regulation structures in specific present-day states, in the ethicalness of interface they have in settings that incorporate them. Agreeing with the more conventional “humanist” or “naturalistic” viewpoint, human rights are pre-institutional claims that people have against all other people in the ethicalness of interface characteristic of their common humankind. This paper contends that once we recognize the two viewpoints in their best light, we are able to see that they are complementary, and, in reality, we require both to form a great standardizing sense of the modern home of human rights. It clarifies how humanist and political contemplations can and ought to work in couple to account for the concept, substance, and legitimization of human rights.

Keywords: politics, human rights, humanities, mankind, law

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2159 School Curriculum Incorporating Rights to Live in Clean and Healthy Environment: Assessing Its Effectiveness

Authors: Sitaram Dahal

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Among many strategic and practical needs in overcoming the threats and challenges being experienced in the global environment, constitutional provision for Rights to live in clean and healthy environment is one and so is the school curriculum incorporating information on such rights. Government of Nepal has also introduced information on rights to live in clean and healthy environment, as provisioned in its interim constitution of 2007, in the secondary level curriculum of formal education. As the predetermined specific objective of such curriculum is to prepare students who are conscious of citizens’ rights and responsibilities and are able to adopt functions, duties and rights of the rights holders and duty bearers; the study was designed to assess the effectiveness of such curriculum. The study was conducted in one private school and a community school to assess the effectiveness of such curriculum. The study shows that such curriculum has been able to make students responsible duty bearers as they were aware of their habits towards environment. Whereas only very few students are aware enough as being rights holders. Students of community schools were aware rights holders as they complain if they are not satisfied with the environment of the school itself. But private school is far behind in this case. It can be said that only curriculum with very few portion of information on such rights might not be capable enough to meet its objective.

Keywords: curriculum, environmental rights, constitution, effectiveness

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2158 Shia School of Thought and the Experience of Political Order in Contemporary Era

Authors: Abdulvahab Forati

Abstract:

Religious intellectualism is the only stream of consciousness in Iran that its religious theories formed Democracy. The theory of Religious intellectualism was utilized in Constitutional Revolution and Islamic Revolution. To instate Democracy in Iran, in compare with West and sunnis, the theory of Religious Intellectualism is being used differently. Unlike Democracy in the west that has started with the concept of Individualism and Natural Rights or in Sunni world that has started with the concept of consultation, it has started in Iran with mima-la-nas-fih (what we don’t have any proof for)or mantaqa-alfiraq-altashri’ (area of vacuum from reason). Shia scholars first acquainted with the concept of Democracy through theories of Sheikh Mortiza Ansari, and later some of his followers, including Akhund-e-khorasani and Mirzaye naeini, regarding Sheikh Ansari’s thoughts, began to analyze its Constitutional system and Democratic elements. But Imam Khomeini, the great founder of Islamic Republic of Iran, with respect to RAKHS (religious permission for having a choice)could make connection between Islam and Democracy. Instead of focusing on Civil contracts, he relied on Sirah Ughala (Tradition) and accepted many of the current conducts, e.g. Democracy and Political Parties and acknowledged the authority (Hujiat) of them even in absence of Infallibles. These two are the most notable experiences of shia political thoughts about Democracy within the last 100 years. In this article, the author tries to explain the second experience in Imam Khomeini’s thoughts and Sirah.

Keywords: Shia school, Islamic revolution, democracy, political order

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2157 The Relationship between Religious Consumers and Liquid versus Solid Consumption

Authors: Ehsan Batyar

Abstract:

Nowadays, people prefer to be more ephemeral in their consumption, which is considered as liquidity, and avoid ownership. To expand this idea, there is a double-edged concept arising: liquid versus solid consumption. The current study attempted to delineate how religious consumers behave based on this concept to demonstrate whether religious consumption is based on liquidity or solidity. In order to reach a logical conclusion about this issue, an online questionnaire was prepared and adopted by former researchers. The questionnaire contained two parts: the first part was designed to identify religious beliefs, and the second part contained two scenarios about liquid versus solid consumption. 400 volunteers attended, and about 150 cases were eligible for the analysis. Pearson's correlation was utilized to measure the possible relationship between variables. The finding revealed that there was a significant relationship between religious consumers and solid consumption.

Keywords: liquid consumption, solid consumption, religious consumers, religious beliefs

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2156 Critical Analysis of Ideology of Non-Religious Spirituality (SBNR) Case Study of Sam Harris’ Theory

Authors: Muhammad Samiullah

Abstract:

Religion and spirit always goes side by side. In this era spirit and religion are studied separately with thought of an anti-religious phenomenon is there with its vast impacts. Non-religious mind and religious one have a lot of things that differs, they have spiritual struggles.so there is theme arises that is in the name of non-religious spirituality(SBNR). The thinking prevailing in west and now in east in reverse of the religious institutional thought and spirituality. Religious disputes created an image to the world that is nontolerant and companionate, rising a question of god existence and self-existence. Thus giving rise in Atheism, nihilism, free thinking. The thinking of spirituality also gone in another side with superstitions and spiritual meditation. Christian religious bodies and scholar criticized the stance with their religious aspect but there should be an Islamic counter narrative should be there. Here in this dissertation the phenomenon is addressed and analyzed in respect with some of the literature presented from 2014 till present year. The phenomenon was not analyzed before in broader sense. There are some introductory and static views presented in this regard. So there is a literature gap to be filled by this effort, the Muslim counter narrative is still not there though Christians do their part.

Keywords: SBNR, non-spirituality, superstitions, Sam Harris

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2155 A Comparative Analysis of the Enforceability of Social and Economic Rights: Nigeria and South Africa as Case Studies

Authors: Foluke Abimbola

Abstract:

There are two separate groups of a recognised body of human rights. These are known as Civil and Political Rights, and Economic and Social Rights. There is however an impression that civil and political rights are enforceable in courts while socio-economic rights are not. Nigeria is an example of one of such countries whose constitution has social, economic and cultural rights’ provisions as well as civil and political rights. However, the socio-economic rights provided in the Nigerian constitution are not justiciable or are unenforceable in a court of law. On the other hand, a comparative examination of the socio-economic right provisions in the South African constitution and judgments of the constitutional court of South Africa reveals that socio-economic rights may be enforceable. This position may ensure the protection of the socio-economic rights of the poor and vulnerable groups. These rights include the rights to food, adequate shelter, health, and education. Moreover, the African Charter on Human and Peoples’ Rights (African Charter) which incorporates similar socio-economic right provisions, has been recognized as a domestic law in Nigeria and its provisions are enforceable by the domestic courts by virtue of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004. It is not only a regional treaty signed and adopted by Nigeria but has been passed into law by the National Assembly and can be enforced like any other local law. This paper will propose that in view of the provisions of the African Charter and mechanisms for implementation as well as other international conventions and national constitutional provisions on human rights, domestic courts may be able to assess state responsibilities in the light of socio-economic rights. Cases decided by South African courts and other jurisdictions will be discussed in order to lend weight to the notion that socio-economic rights can be enforced in jurisdictions such as Nigeria even though the constitution provides otherwise.

Keywords: african charter, constitutional court of south africa, nigerian constitution, socio-economic rights, south african constitution

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2154 Commercial Surrogacy and Rights of the Children Born

Authors: Neha Tiwari

Abstract:

Rights are prerequisite for individuals to pursue their aims and enrich themselves. Laski has said rights are, ‘conditions of social life without which no man can seek himself at his best.’ However with superior technology, rights of many individuals are at stake as well. One such sufferer is the babies born out of the practice of commercial surrogacy. Commercial surrogacy has emerged as the most viable option for the childless couples. The practice has garnered lot of debate in both academia and media. Some argue for a complete ban and some for strict rules and regulation. Most of the time the debate is regarding the rights of the surrogate, something which we cannot ignore. Equally important are the rights of the children born out of such arrangements. However, not much attention is being paid to them. Recently, a controversy emerged when a surrogate gave birth to twins. One of the babies, Gammy born with down syndrome was left behind by the couple. Gammy could die because his poor Thai surrogate mother may not be able to pay for his treatment. Even if he survives, he will never know his twin sister as her identity would never be disclosed. This is just one of many such cases where the future of such babies is being played with. If the rights of these children are not taken care of many of them will have to bear the brunt of society's ignorance and perhaps live with a scar which won't heal in their lifetime.

Keywords: babies, commercial surrogacy, rights, technology

Procedia PDF Downloads 251