Embedding Human Dignity Standards into Biotechnology Patents: The Role of Morality Clauses

2021 ◽  
Vol 12 (3) ◽  
pp. 584-601
Author(s):  
María Carmelina LONDOÑO-LÁZARO ◽  
Juan F. CÓRDOBA-MARENTES
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
International System ◽  
International Human Rights Law ◽  
Human Beings ◽  
Economic Interests ◽  
Trade Law ◽  
Economic Exploitation ◽  
Ordre Public ◽  
Biotechnological Inventions

This paper proposes an approach to the debate on how to reconcile international trade and human rights, explaining the minimum content of the ordre public and morality clauses (OPMCs) as the recognition of international human rights law (IHRL) standards in trade law and intellectual property law. Within the context of a multicultural and globalised society, in which trade and economic interests are protected worldwide and morality seems to be a culture-based concept, the primary considerations of IHRL embedded in these pivot clauses serve as a universal defence for human beings and a safeguard to the coherence of the human-centred international system. In particular, this study argues that the OPMCs allow for the enforcement of three standards derived from human dignity in the wider spectrum of biotechnology and scientific research, even constituting legitimate limits to the economic exploitation of biotechnological inventions.

scholarly journals Respecting Human Rights: Does Treaty Ratification Lead to Compliance?

2012 ◽  
Vol 2 (2) ◽  
pp. 169-179
Author(s):  
Daniel St. Pierre
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International System ◽  
Indigenous Populations ◽  
International Human Rights Law ◽  
Human Beings ◽  
Human Rights Law ◽  
State Compliance ◽  
The Cost

Since the nonbinding Universal Declaration of Human Rights, states have created treaties and conventions to outline what is or is not acceptable regarding the treatment of human beings, with the understanding that if a state signs and ratifies these documents then that state will comply with the principles outlined within it.  Time and again however, compliance, or the lack thereof, has presented as a concern amongst many states, as well as non-state actors.  The issue of compliance is a serious one because it speaks to credibility.  If states do not anticipate compliance from one another it undermines the entire international system and any structure that has been created to address the anarchic nature of international relations will dissolve.  In order to make analysis of this massive issue area manageable, I focus on state compliance with human rights law and more specifically, compliance with the Indigenous and Tribal Peoples Convention 1989, or C169.  Both Brazil and Argentina have signed and ratified C169 and both are democratic with indigenous populations.  Comparing these two states it allows us to better ascertain the circumstances under which states may comply with or defect from international human rights law.  I provide an overview on what rationalist theories suggest about compliance, followed by constructivist views.  I then outline my position before examining the results of the case study and assessing its’ impact as related to both theory and my arguments.  Ultimately, I find that notwithstanding ratification and well-developed democratic institutions that allow for a strong civil society to participate in politics, there are still circumstances wherein a state will defect from a human rights treaty because the gain of doing so outweighs the cost of non-compliance.

Universal Human Dignity: Some Reflections in the Asian Context

2008 ◽  
Vol 3 ◽  
pp. 1-33 ◽  
Author(s):  
Man Yee Karen Lee
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Belief Systems ◽  
Cross Cultural ◽  
International Human Rights Law ◽  
Political Systems ◽  
Human Rights Law ◽  
Cultural Perspective ◽  
Asian Context ◽  
Common Association

AbstractThe idea of “human dignity” is accorded a prominent status in domestic constitutions and international human rights law. Its symbolism as a universal ground of human rights sits awkwardly with the absence of a precise definition. The concept has evolved over history and has been interpreted in various ways by people holding different worldviews. The elusive nature of human dignity creates challenges when it is evaluated across cultures. Despite its common association with the concept of liberal democracy, the idea of human worthiness is not necessarily absent in Asian societies, many of which function under alternative political systems.A cross-cultural perspective requires putting aside ethnocentrism and exploring the convergence of views from different belief systems. Examples from Confucianism and Islam may provide insights on how human dignity is understood and realized in various Asian contexts.

scholarly journals Humanity and Human Rights: The Contours of International Law

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law Of Nations ◽  
International Human

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

Part III Structural Principles, Ch.14 Human Dignity

2013 ◽  
Author(s):  
Carozza Paolo G
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Universal Declaration ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Structural Principles ◽  
International Human ◽  
The Right ◽  
International Instruments

This article examines the issue of human dignity in relation to human rights. It analyses the functions and principle of human dignity and its use in the Universal Declaration of Human Rights and other international instruments. It suggests that human dignity seems to help justify expansive interpretations of human rights and strengthens the centrality and importance of the right in question and limiting possible exceptions or limitations to that right. This article also contends that the difficulty of reaching greater consensus on the meaning and implications of human dignity in international human rights law may be attributed to the fact that it refers to both a foundational premise of human rights and to a principle that affect interpretation and application of specific human rights.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

scholarly journals Pemenuhan Hak-Hak Korban Pelanggaran Berat Hak Asasi Manusia di Indonesia

2021 ◽  
Vol 1 (2) ◽  
pp. 112
Author(s):  
Bonaventura Pradana Suhendarto
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
East Timor ◽  
International Human Rights Law ◽  
Legal Regulations ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

Serious violations of human rights occurred in Indonesia despite Indonesia’s ratification of a number of international human rights law instruments. Victims, including their family and descendants, experiences suffering and loss. Still, there are many victims who haven’t received their rights until now. International law holds states accountable for the victims’ dignity as human beings. This research will examine the fulfillment of the rights of the victims in order to obtain effective and fair remedy and to analyze the application of international human rights law in Indonesia in order to fulfill the rights of the victims of serious violations of human rights. This research was conducted using a sociological juridical approach that collects and analyzes qualitative data. The result shows that the right to truth, the right to justice, the right to reparation and the guarantee of non-repetition are the forms of rights within the framework of transitional justice that must be given to the victims. These rights are interrelated, so they must be fulfilled thoroughly. Indonesia made real efforts to fulfill the rights by establishing a human rights court to resolve the cases of  Timor-Timur (East Timor), Tanjung Priok and Abepura. Another effort is made by establishing legal regulations. In fact, Indonesia only recognizes and regulates some rights. The existing legal regulations have not yet encouraged effective implementation, making them difficult to implement. It is necessary to evaluate and re-conceptualize existing legal regulations so that the rights of victims are fully recognized and easy to apply.

Equal Dignity and Rights

2017 ◽  
Author(s):  
Stephen Darwall
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
High Status ◽  
Human Beings ◽  
Personal Authority ◽  
Great Chain Of Being

The contemporary notion of human dignity is taken to ground the idea of human rights. This chapter investigates how dignity must be understood if it is to be capable of doing that. Beginning with earlier conceptions of dignity, both hierarchical conceptions of status and the Ciceronian idea of human beings in the “great chain of being,” the chapter argues that to be capable of grounding rights, dignity must include a fundamental second-personal authority for human beings to make claims and demands of one another. More specifically, it contests the idea, advanced by Jeremy Waldron and Anthony Appiah, that human dignity is best theorized within a conception of honor and status as elevating all persons to the same high status. Any such honored status fails to ground the fundamental authority to hold one another accountable that is necessary for a conception of human dignity that is capable of grounding human rights.

Global Indigenous Rights and Responses

2010 ◽  
Author(s):  
Pat Lauderdale ◽  
Nicholas D. Natividad
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
International System ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Economic ◽  
Real Change ◽  
The Individual

The United Nations Permanent Forum on Indigenous Issues estimates that there are over 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live. Dialogue and political negotiations with indigenous peoples has a long history that began at least a half a millennium ago when the notion of an inter-national” community and the concept of the nation-state became dominant. Since that time, the concepts of sovereignty, self-determination, rule of law, and human rights have led to the establishment of the frameworks and structures of organization that are now referred to collectively as modern international law. But unlike most modern international human rights law, which emphasizes rights of the individual, indigenous peoples generally think in terms of collective rather than individual rights. Because indigenous peoples’ “law” suggests the importance of collective rights, it renders a culture of responsibility and accountability to the collective. At present, international indigenous rights are a type of superficial bandage, giving the appearance of propriety to the crisis faced by the hegemonic “international system of states.” Therefore, indigenous rights standards propagated by organizations such as the UN currently are largely symbolic. However, they could potentially lead to real change if they are coupled with widespread acknowledgment of the fact that diverse societies exist throughout the world with different forms of social organization and diverse conceptions of law.

Equality Rights and Non-Citizens in Europe and America: The Promise, the Practice and Some Remaining Issues

1996 ◽  
Vol 14 (3) ◽  
pp. 245-275
Author(s):  
Tom Clark ◽  
Jan Niessen
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Trade Agreement ◽  
Social Rights ◽  
International Human Rights Law ◽  
Human Beings ◽  
International Human Rights ◽  
The North ◽  
Human Rights Treaties ◽  
International Human

The article discusses the fundamental role played by the notion of equality and shows that a general promise of equality is a hallmark of the UN system to which non-citizens’ may lay claim. Recent international juridical practice shows a progressive move towards equality between citizens and non-citizens in civil and social rights. An international human rights doctrine and norms have been established for distinguishing between differentiation which is legitimate and discrimination. The article examines the effect of the international test and doctrine of equality for some of the key rights at issue in practice for several categories of non-citizens. The article reflects on the interpretative power of the texts of regional human rights treaties on State obligations under a ratified human rights treaty. When States enter into treaties involving human beings for whatever purpose, for example the North American Free Trade Agreement (NAFTA) or the Treaty on European Union (EU), they do not do so in a legal vacuum. Human beings attract human rights from treaties at the international and regional level. Many States have entered one or more of these human rights treaties so that any other additional treaty must be consonant with the existing human rights treaty obligations. One of the human rights treaty promises is that of human rights in equality. The article argues that when States jointly grant rights or benefits under a further treaty, the further treaty must ensure that the rights jointly granted must be granted in equality. The article concludes that to ensure the promise of non-discrimination for non-citizens requires further initiatives and suggests efforts to ensure treaties impacting non-citizens are ratified (especially those relating to economic and social rights and migrant workers), a review of existing treaties involving non-citizens, a more careful application of non-discrimination provisions by human rights treaty bodies and further efforts to establish the equality doctrine and norms in international human rights law by seeking to use the doctrine in complaints and reporting mechanisms.

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