The Concept Of Human Dignity In Human Rights Discourse

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The Concept of Human Dignity in Human Rights Discourse

Author : David Kretzmer,Eckart Klein
Publisher : BRILL
Page : 323 pages
File Size : 53,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004478190

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The Concept of Human Dignity in Human Rights Discourse by David Kretzmer,Eckart Klein Pdf

The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.

Concept of Human Dignity in Human Rights Discourse

Author : David Kretzmer
Publisher : Springer
Page : 324 pages
File Size : 50,7 Mb
Release : 2002-04-24
Category : Law
ISBN : 9041117830

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Concept of Human Dignity in Human Rights Discourse by David Kretzmer Pdf

Society and Law: Grit Kamir

Dignity and International Human Rights Law

Author : Brett G. Scharffs,Ewelina U. Ochab
Publisher : Routledge
Page : 267 pages
File Size : 53,7 Mb
Release : 2021-10-25
Category : Law
ISBN : 9781000457346

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Dignity and International Human Rights Law by Brett G. Scharffs,Ewelina U. Ochab Pdf

The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.

Human Dignity and Human Rights

Author : Pablo Gilabert
Publisher : Oxford University Press, USA
Page : 362 pages
File Size : 49,8 Mb
Release : 2019-01-22
Category : Philosophy
ISBN : 9780198827221

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Human Dignity and Human Rights by Pablo Gilabert Pdf

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.

Understanding Human Dignity

Author : Christopher McCrudden
Publisher : Proceedings of the British Aca
Page : 0 pages
File Size : 50,8 Mb
Release : 2014
Category : Law
ISBN : 0197265820

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Understanding Human Dignity by Christopher McCrudden Pdf

The concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and defines the main areas of current debates about the concept in these disciplines.

Universal Human Rights in Theory and Practice

Author : Jack Donnelly
Publisher : Cornell University Press
Page : 308 pages
File Size : 47,5 Mb
Release : 2003
Category : Law
ISBN : 0801487765

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Universal Human Rights in Theory and Practice by Jack Donnelly Pdf

(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR

Dignity in International Human Rights Law

Author : Camilla Barker
Publisher : Camilla Barker
Page : 74 pages
File Size : 41,9 Mb
Release : 2011-01-19
Category : Law
ISBN : 9781456502157

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Dignity in International Human Rights Law by Camilla Barker Pdf

International human rights law has at its core a concept that is so paradoxical, illogical and impractical that it renders itself incapable of accepted definition. It is a concept that sits still and silent in human rights legislation and screams at the top of its voice in human rights litigation. Its unwavering presence in the post-Nazism world not only confirms its importance in everything we do and say as human rights lawyers but it also calls into question whether it has indeed passed its use-by-date and fallen into the dark depths of ineptitude. This begs the question: "Does the concept of dignity have any meaning in international human rights law?" This study is a critical examination of the role that dignity plays in international human rights law. Sections include: defining dignity; the conceptual development of dignity; dignity in international human rights texts; dignity in judicial discourse; and dignity in legal process.

Dignity and Human Rights

Author : Stephan P. Leher
Publisher : Routledge
Page : 232 pages
File Size : 41,5 Mb
Release : 2018-01-12
Category : Political Science
ISBN : 9781351665124

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Dignity and Human Rights by Stephan P. Leher Pdf

Is it impossible to assess dignity, the agency of autonomy and equality of rights under the current rule of law, when we are met by global challenges like climate change, financial crisis, food crisis, natural disasters, inequality, violent conflicts and trade disputes? Drawing on European philosophical enlightenment to rethink dominant theories of contemporary Western Human Rights, Stephan P. Leher explores the philosophical foundation of the concept of ‘dignity’ and Human Rights. Using specific examples from Africa and Latin America to explain these concepts as social realizations in the world, Leher demonstrates the link between justice and peace and contends that dignity, freedom and Human Rights law rule are social realizations and claims by all people. He argues that sentences and propositions about social choices and realizations of real life expressed in ordinary language constitutes the basic element for the foundation and protection of human dignity and Human Rights. The social choice to claim one’s freedom and right can be considered as the dignity agency of the individual. Dignity and Human Rights sheds new light on the academic assessment of dignity, the agency of autonomy and equality of rights under a rule of law in a time of changes and challenges of human rights policies and politics.

Human Rights and World Public Order

Author : Myres S. McDougal,Lung-Chu Chen
Publisher : Oxford University Press, USA
Page : 1137 pages
File Size : 50,5 Mb
Release : 2018-12-14
Category : Law
ISBN : 9780190882631

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Human Rights and World Public Order by Myres S. McDougal,Lung-Chu Chen Pdf

In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.

Deconstructing Dignity

Author : Scott Cutler Shershow
Publisher : University of Chicago Press
Page : 228 pages
File Size : 55,7 Mb
Release : 2014-01-10
Category : Philosophy
ISBN : 9780226088266

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Deconstructing Dignity by Scott Cutler Shershow Pdf

The right-to-die debate has gone on for centuries, playing out most recently as a spectacle of protest surrounding figures such as Terry Schiavo. In Deconstructing Dignity, Scott Cutler Shershow offers a powerful new way of thinking about it philosophically. Focusing on the concepts of human dignity and the sanctity of life, he employs Derridean deconstruction to uncover self-contradictory and damaging assumptions that underlie both sides of the debate. Shershow examines texts from Cicero’s De Officiis to Kant’s Groundwork of the Metaphysics of Morals to court decisions and religious declarations. Through them he reveals how arguments both supporting and denying the right to die undermine their own unconditional concepts of human dignity and the sanctity of life with a hidden conditional logic, one often tied to practical economic concerns and the scarcity or unequal distribution of medical resources. He goes on to examine the exceptional case of self-sacrifice, closing with a vision of a society—one whose conditions we are far from meeting—in which the debate can finally be resolved. A sophisticated analysis of a heated topic, Deconstructing Dignity is also a masterful example of deconstructionist methods at work.

Human Dignity and the Future of Global Institutions

Author : Mark P. Lagon,Anthony Clark Arend
Publisher : Georgetown University Press
Page : 383 pages
File Size : 49,5 Mb
Release : 2014-08-20
Category : Political Science
ISBN : 9781626161207

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Human Dignity and the Future of Global Institutions by Mark P. Lagon,Anthony Clark Arend Pdf

What does human dignity mean and what role should it play in guiding the mission of international institutions? In recent decades, global institutions have proliferated—from intergovernmental organizations to hybrid partnerships. The specific missions of these institutions are varied, but is there a common animating principle to inform their goals? Presented as an integrated, thematic analysis that transcends individual contributions, Human Dignity and the Future of Global Institutions argues that the concept of human dignity can serve as this principle. Human dignity consists of the agency of individuals to apply their gifts to thrive, and requires social recognition of each person's inherent value and claim to equal access to opportunity. Contributors examine how traditional and emerging institutions are already advancing human dignity, and then identify strategies to make human dignity more central to the work of global institutions. They explore traditional state-created entities, as well as emergent, hybrid institutions and faith-based organizations. Concluding with a final section that lays out a path for a cross-cultural dialogue on human dignity, the book offers a framework to successfully achieve the transformation of global politics into service of the individual.

Reconciling Law and Morality in Human Rights Discourse

Author : Willy Moka-Mubelo
Publisher : Springer
Page : 205 pages
File Size : 45,9 Mb
Release : 2016-12-13
Category : Philosophy
ISBN : 9783319494968

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Reconciling Law and Morality in Human Rights Discourse by Willy Moka-Mubelo Pdf

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Understanding Human Dignity

Author : Christopher McCrudden
Publisher : Unknown
Page : 743 pages
File Size : 47,5 Mb
Release : 2013
Category : Dignity
ISBN : 0191760382

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Understanding Human Dignity by Christopher McCrudden Pdf