scholarly journals A Dignified Death for All: How a Relational Conceptualisation of Dignity Strengthens the Case for Legalising Assisted Dying in England and Wales

2019 ◽  
Vol 19 (4) ◽  
pp. 733-751
Author(s):  
Angelika Reichstein
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Right To Die ◽  
Assisted Dying ◽  
Human Rights Law ◽  
England And Wales ◽  
Global Issue ◽  
Life Itself ◽  
The Right ◽  
Number Of Individuals

Abstract Criminalising assisted dying is irreconcilable with human dignity and condemns a small number of individuals to significant suffering. Human rights law requires the protection of privacy, but States are given some flexibility in terms of balancing the right to respect for private life with the need to safeguard life itself. The recurring cases of suffering individuals who seek legal recognition of a right to die demonstrate the need for legal change to make the law more compassionate. After introducing conflicting definitions of dignity and the human rights conflict behind a right to die, this article engages with a new idea, which strengthens the claim for the legalisation of assisted dying: relational dignity. While the permissibility of assistance to die is a global issue, this article will specifically focus on England and Wales.

The Personal Scope of the Right to Life Under Article 2(1) of the European Convention on Human Rights After the Judgment in A, B and C v. Ireland

2012 ◽  
Vol 13 (6) ◽  
pp. 783-792 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
Human Rights ◽  
Private Life ◽  
European Convention ◽  
Human Rights Law ◽  
Abortion Law ◽  
European Court ◽  
The Republic ◽  
The Right ◽  
Roe V Wade ◽  
Domestic Law

The right to private life under Article 8 of the European Convention on Human Rights (the Convention, or ECHR) is one of the widest rights in European human rights law. Applicants often rely on the norm when they seek to justify all kinds of behavior, which may be limited or even outlawed through domestic law. Therefore, it comes as no surprise that in the case of A, B and C v. Ireland, which was decided by the European Court of Human Rights in December 2010, the applicants relied on Article 8 to complain about the restrictive anti-abortion law in the Republic of Ireland. Contrary to predictions that A, B and C v. Ireland could become “Europe's Roe v. Wade,” referring to the U.S. case which led to the permissibility of abortion under U.S. law, the European Court of Human Rights (the Court) held that Article 8 did not include a right to have an abortion.

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

scholarly journals A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights

2021 ◽  
pp. 1-21
Author(s):  
Romola Adeola ◽  
Frans Viljoen ◽  
Trésor Makunya Muhindo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Number Of Factors ◽  
African Charter ◽  
The Right ◽  
Domestic Level ◽  
African Commission

Abstract In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.

scholarly journals Blasphemy Law as a Structural Violence: A Challenge for Maintaining Sustainable Peace

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Cekli Setya Pratiwi ◽  
Sidik Sunaryo
Keyword(s):  
Human Rights ◽  
Structural Violence ◽  
International Community ◽  
Peace Studies ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Standards ◽  
Muslim Countries ◽  
Sustainable Peace ◽  
The Right

Abstract Blasphemy law (BL) has become a central issue for the international community in various parts of the world in the last three decades. In almost every case involving the BL, especially in Muslim countries, such as Pakistan, Malaysia, and Indonesia, they are always responded with violence or threats of attack that cause many victims, loss of homes, damage to places of worship, evictions, stigma of being heretical, severe punishments, or extra-judicial killings. When international human rights law (IHLR) and declaration of the right to peace are adopted by the international community, at the same time, the number of violence related to the application of BL continues to increase. This paper aims to examine the ambiguity of the concept of the BL in Pakistan, Indonesia, and Malaysia, and how its lead to the weak of enforcement that creates social injustice and inequality. Then, referring to Galtung’s theory of structural violence and other experts of peace studies, this paper argues that blasphemy law should be included as a form of structural violence. Therefore its challenges these States to reform their BL in which its provisions accommodate the state’s neutrality and content high legal standards. Thus, through guarantee the fully enjoyment of human rights for everyone may support the States to achieve sustainable peace.

The Culture of Criticism

PMLA ◽  
1984 ◽  
Vol 99 (3) ◽  
pp. 371-397 ◽  
Author(s):  
Geoffrey H. Hartman
Keyword(s):  
Walter Benjamin ◽  
Social World ◽  
Private Life ◽  
Literary Studies ◽  
Form Of Life ◽  
A Value ◽  
Life Itself ◽  
The Right

For those who approach literary studies with literary sensitivity, an immediate problem arises. They cannot overlook style, their own or that of others. Through their concern with literature they have become aware that understanding is a mediated activity and that style is an index of how the writer deals with the consciousness of mediation. Style is not cognitive only; it is also recognitive, a signal betraying the writer's relation, or sometimes the relation of a type of discourse, to a historical and social world. To say that of course words are a form of life is not enough: words at this level of style intend a statement about life itself in relation to words, and in particular to literature as a value-laden act. Thus, even without fully understanding it, one is alerted by a similarity in the opening of these two essays: The Right Reverend Father in God, Lancelot Bishop of Winchester, died on September 26th, 1626. During his lifetime he enjoyed a distinguished reputation for the excellence of his sermons, for the conduct of his diocese, for his ability in controversy displayed against Cardinal Bellarmine, and for the decorum and devotion of his private life. (Eliot, Lancelot 13) One afternoon, Walter Benjamin was sitting inside the Café des Deux Magots in Saint Germain des Prés when he was struck with compelling force by the idea of drawing a diagram of his life, and knew at the same moment exactly how it was to be done. He drew the diagram, and with utterly typical ill-luck lost it again a year or two later. The diagram, not surprisingly, was a labyrinth. (Eagleton, Pref.)

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

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