scholarly journals The Harmonised Shari’ah and Human Rights on LGBT

2020 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Muhammad Khusnul Khuluq
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Vulnerable Groups ◽  
Human Being ◽  
Islamic Jurisprudence

This article has an objective to analyse the phenomenon of LGBT through the lens of harmonisation between sharī’ah and human rights. Although in general the LGBT groups have faced challenging realities of discrimination and it encourages them to become minority and vulnerable groups, they are human being who have dignity. It means their dignity must be respected and protected. In dealing with this issue, some scholars have covered it either via the perspective of sharī’ah or human rights. However, the study that has focused on the issue using the perspective of harmonic elaboration between sharī’a and human rights has remained in absence. Accordingly, this article will consider the issue using the perspective and the approach of maqāṣid al-sharī’ah. This article argues that what sharī’a and human rights believe in relation to human dignity is not contradictory. Consequently, it is important to reconstruct the understanding of Islamic jurisprudence that is more humanistic. Therefore, in the context of LGBT, sharī’a and human rights can be united in a harmonious perspective.

scholarly journals Prawa i godność człowieka we współczesnej bioetyce

2004 ◽  
Vol 2 (1) ◽  
pp. 189-212
Author(s):  
Wojciech Bołoz
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethical Code ◽  
European Convention ◽  
Human Being ◽  
Application Of Law ◽  
Contemporary World ◽  
The World ◽  
Independent Life ◽  
The Way

In contemporary bioethics dominate two trends dealing with two basic ethical solutions. First of them is utilitarianism concerning utility as a criterion of judging between what is right and what is wrong. The second trend applies to human rights and human dignity, which are to be obeyed without any exceptions. Utilitarianism protects the strong and prosperous people in society and excludes those who are weak and not capable of independent life. The concept of human dignity protects each and every human being including the weakest ones. It is therefore characterized by real humanitarianism. In addition, it has one more outstanding virtue; in the contemporary world, it is the most widespread and understandable ethical code. It enables people of different civilizations to communicate with understandable ethical language. In the world constantly undergoing global processes, it is a great value. Although there are a number of discussions concerning the way of understanding human dignity and human rights, their universal and ethical meaning; there are certain international acts of law concerning biomedicine that support the concept of human dignity as the most adequate concept for the contemporary bioethics. As an example, the European Convention on Bioethics can be taken. The article includes the most significant topics concerning understanding, history, and application of law and human dignity in bioethics.

Law, Religion and Human Dignity in the Muslim World Today: An Examination of OIC's Cairo Declaration of Human Rights

2008 ◽  
Vol 24 (2) ◽  
pp. 569-597 ◽  
Author(s):  
Abdullah al-Ahsan
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Human Dignity ◽  
Civic Life ◽  
Human Being ◽  
Human Beings ◽  
Near Eastern ◽  
Intellectual Abilities ◽  
The World ◽  
Human Need

Human dignity is the recognition and respect of human need, desire and expectation one individual by another. This recognition is indispensable because no human being survives alone: Human dignity creates the foundation of society and civilization. Our knowledge of history suggests that religious ideas have provided this basic foundation of civilization. Describing the first recognized civilization in history one historian says, “Religion permeated Sumerian civic life.” According to another historian, “Religion dominated, suffused, and inspired all features of Near Eastern society—law, kingship, art, and science.” Based on these observations while defining civilization Samuel Huntington asserts, “Religion is a central defining characteristic of civilizations.”In Islam, the Qur’an declares that: “We have bestowed dignity on the progeny of Adam.” The verse then continues to remind the whole of mankind of God's special favor unto them with physical and intellectual abilities, natural resources and with superiority over most other creatures in the world. This dignity is bestowed through God's act of creating Adam and breathing into him His Own Spirit. Since all human beings originated from Adam and his spouse, every single human being possesses this dignity regardless of color, race, religion and tribe. The whole of mankind, as khalīfah (vice-resenf) is responsible for establishing peace on earth through divinely ordained values such as amānah (trust), ‘adālah (justice) and shūra (consultation).

scholarly journals Godność ludzka a prawa człowieka w ujęciu Roberta Spaemanna

2020 ◽  
Vol 15 (1) ◽  
pp. 131-145
Author(s):  
Józef Kożuchowski
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Human Being

The article presents Robert Spaemann’s position on two directly related issues: human dignity and human rights. While Spaemann spoke directly about human dignity on many occasions, he raised the question of human rights, rather incidentally, in several contexts, especially the question of human dignity, in order to indicate the adequate source of the ideas underlying these rights (ontological dignity), its importance in our times, and to define some ways of implementing them. These issues are discussed in the article. The considerations are devoted predominantly to the problem of human dignity as a “pra-phenomenon.” The issue of dignity in the ontic sense (especially the assertion of what it is and what kind of argumentation supports its recognition in every human being) is discussed from the point of view of contemporary debates. The author also specifies how the inviolability of dignity, in both the moral and the ontic sense, should be understood, which is a problem Spaemann did not directly address.

Fully Human

2019 ◽  
Author(s):  
Lindsey N. Kingston
Keyword(s):  
United States ◽  
Human Rights ◽  
Human Dignity ◽  
The United States ◽  
Modern Human ◽  
Vulnerable Groups ◽  
Irregular Migrants ◽  
Indigenous Nations ◽  
Inalienable Rights ◽  
Political Membership

Fully Human: Personhood, Citizenship, and Rights critically considers how inequalities related to citizenship and recognition impact one’s ability to claim so-called universal and inalienable rights. Today, citizenship itself serves to recognize an individual as fully human or worthy of fundamental human rights—yet this robust form of political membership is limited or missing entirely for some vulnerable groups. These protection gaps are central to hierarchies of personhood—inequalities that render some people more “worthy” than others for protections and political membership—that lead to gross violations of the rights to place and purpose that are essential for a person to live a life of human dignity. This book presents various manifestations of hierarchies of personhood, beginning with statelessness (the most direct and obvious lack of functioning citizenship) and progressing through the forcibly displaced, irregular migrants, nomadic peoples, indigenous nations, and “second-class” citizens in the United States. It challenges the binary construct between citizen and noncitizen, arguing that rights to place and purpose are routinely violated in the space between. To resist hierarchies of personhood, functioning citizenship necessitates the opening of political space for those who cannot be neatly categorized. Only by recognizing that all people are inherently worthy of full personhood—and by advocating expanded forms of political membership and voice—can the ideals of modern human rights be realized.

Human Dignity and the Foundations of Human Rights

2013 ◽  
Author(s):  
John Tasioulas
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Human Dignity ◽  
Moral Status ◽  
Essential Role ◽  
Human Being ◽  
Human Beings ◽  
Trade Offs ◽  
In Virtue Of

This chapter investigates whether or not human rights are grounded in human dignity. Starting from an interest-based account of human rights, it rejects two objections to that account that have been pressed in the name of human dignity: the deontological and the personhood objections. More positively, it contends that human dignity is the equal moral status possessed by all human beings simply in virtue of their possession of a human nature, and that so understood, it has an essential role to play in grounding human rights, but that it can only play this role in tandem with universal human interests. In particular, human dignity is central to explaining both why humans can possess rights and why these rights are resistant to trade-offs. The chapter concludes with some reflections on the implications of this view for whether each and every human being possesses all of the standard human rights.

PACIENTO KONFIDENCIALIOS INFORMACIJOS TEIKIMO VALSTYBĖS INSTITUCIJOMS TEISINIS REGULIAVIMAS

2013 ◽  
Vol 23 (2) ◽  
pp. 5-13
Author(s):  
Giedrius Mozūraitis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Human Dignity ◽  
Private Life ◽  
Constitutional Court ◽  
Human Being ◽  
Confidential Information ◽  
State Institutions ◽  
European Court ◽  
The Republic

The private life of a patient is protected by international and national legal acts, however, often the information on a patient’s health must be revealed to state institutions. The article reveals the jurisprudence of the Constitutional Court of the Republic of Lithuania in the field of the immunity of patients’ private life. Basing on legal acts, the practice of the Constitutional Court and the European Court of Human Rights, the doctrine of law, the basis of state institutions’ right to obtain confidential information on patients were analyzed as well as the forms and procedure of the provision of information. The analysis of cases is provided when health care institutions cannot provide confidential information on patients to state institutions. A conclusion is drawn that the state’s duty to ensure the protection of human dignity and security also means that state institutions and officers may not restrict human rights and liberties unfoundedly. In each case, a human being must be considered as a free person, whose dignity should be respected. State institutions and officers have the duty to respect human dignity as especial value. Violation of a person’s rights and liberties may violate a person’s dignity as well.

All in the (Human) Family? Species Aristocratism in the Return of Human Dignity

2016 ◽  
Vol 45 (6) ◽  
pp. 749-771 ◽  
Author(s):  
Diego Rossello
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Unintended Consequences ◽  
Human Being ◽  
Human Family

Human dignity is making a comeback. The essay focuses on the story that this comeback of human dignity presupposes and recasts. In that story, the “human family” is portrayed in terms of aristocratic dignitas. The consequences are twofold: (1) human dignity is co-implicated with the de-animalization of the human being; (2) once de-animalization is introduced, the story of human dignity cultivates an aristocratic sense of elevation of the human over other species, or what I will call “species aristocratism.” The fact that a new kind of aristocratism based on species emerges from the story of human dignity should concern us, I suggest, because it not only confronts us with unintended consequences of relying on human dignity as the foundation of human rights but also invites us to rethink our contemporary egalitarian, democratic ethos, understood as aristocracy for all.

scholarly journals THE PROBLEMS OF HUMAN DIGNITY AND HUMAN RIGHTS IN THE CONTEXT OF BIOETHICS

wisdom ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 33-41
Author(s):  
Tatevik Pirumyan
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Universal Declaration ◽  
European Convention ◽  
Human Being ◽  
Nuremberg Code ◽  
Declaration Of Helsinki ◽  
International Conventions ◽  
Globalized World ◽  
Declaration Of Geneva

The article presents an analysis of the principles of human dignity and human rights from the viewpoint of bioethics, describes the development and modifications of the concepts of “human dignity” and “human rights” in different historical stages. The main purpose of the article’s detailed observation is a complete and true perception of the problems of human dignity and human rights in the contemporary globalized world. To implement the above-mentioned aim, the paper deals with different international conventions and declarations: Convention for the Protection of Human and Dignity of the human Being with regard to the Application of Biology and Medicine: Convention of Human Rights and Biomedicine, European Convention on Human Rights, Human Rights and Biomedicine: The Oviedo Convention and its Protocols, The Nuremberg Code, The UNESCO Universal Declaration on Bioethics and Human Rights, Universal Declaration of Human Rights, WMA Declaration of Geneva, WMA Declaration of Helsinki and WMA Declaration of Lisbon on the rights of the patient.

scholarly journals Hombre, persona y dignidad Man, Person and Dignity

2017 ◽  
Author(s):  
Carlos Ramos Rosete
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Human Dignity ◽  
Saint Thomas Aquinas ◽  
Human Person ◽  
Thomas Aquinas ◽  
Human Being ◽  
Philosophical Reflection ◽  
Human And Social Sciences ◽  
Social Discipline

Toda disciplina de tipo humanista o de carácter social asume como uno de sus presupuestos fundamentales una noción de lo que es el ser humano. Llevar a cabo una reflexión de tipo filosófico sobre las nociones de hombre, persona y dignidad se vuelve imprescindible para aclarar elementos antropológicos que son fundamentos teóricos de las ciencias humanas y sociales. La palabra “hombre” admite significados que en parte coinciden y en parte difieren con la noción de persona. La expresión “persona humana” no es siempre una redundancia. Siguiendo el pensamiento de Santo Tomás de Aquino, que distingue entre las nociones de hombre y persona, la subsistencia de la persona humana se vuelve fundamento de la dignidad humana y fuente de los derechos humanos.All humanist or social discipline assumes as one of its fundamental principles an idea of what human being is. Accomplishing a philosophical reflection about the man notions, person and dignity become essential to clarify antropological elements which are theorical fundaments of human and social sciences. The Word man accepts meanings that are partly the same and partly different with the concept of human person, in some way, is not totally a redundancy. Following Saint Thomas Aquinas´s thought who distinguishes between the notions of man and person, it is noted that the subsistency of the human person turns into the human dignity basis and source of all human rights.

A Importância do Trabalho para a Consolidação da Dignidade do Homem: Apontamentos sob a Perspectiva dos Direitos Sociais / The Importance of Work for the Consolidation of Dignity of Man: Points under the Perspective of Social Rights

2017 ◽  
Author(s):  
Janaína Machado Sturza ◽  
Aline Damian Marques
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Human Person ◽  
Social Value ◽  
Social Rights ◽  
Human Being ◽  
Free Enterprise ◽  
Constitutional Order ◽  
The Social ◽  
Deductive Method

ResumoEste artigo tem como objetivo indicar alguns apontamentos acerca dos direitos dos trabalhadores sob a perspectiva dos direitos sociais, expressando-secomo problema as discussões sobre o exercício da cidadania e a efetivação da dignidade da pessoa humana. Dentro desta perspectiva temática, através do método hipotético-dedutivo, aborda-se sobre a positivação dos direitos dos trabalhadores na ordem constitucional representar um novo paradigma valorativo com relação ao valor social do trabalho. Nesse sentido, a livre iniciativa e o primado da dignidade da pessoa humana forneceram um arcabouço normativo cuja interpretação pelos operadores do direito permite concretizar os direitos sociais. Essa concepção pode ser definida como sendo um conjunto mínimo de direitos que cada ser humano possui, baseado na sua dignidade humana. Daí decorre a importância dos direitos humanos, dos direitos sociais e, em especial, dos direitos dos trabalhadores. AbstractThis article aims to indicate some notes about the rights of workers from the perspective of social rights, expressing as a problem the discussions about the exercise of citizenship and the realization of the dignity of the human person. Within this thematic perspective, through the hypothetical-deductive method, it is approached about the positivation of workers' rights in the constitutional order to represent a new value paradigm with respect to the social value of work. In this sense, free enterprise and the primacy of the dignity of the human person have provided a normative framework whose interpretation by lawmakers allows the realization of social rights. This conception can be defined as a minimum setof rights that each human being possesses, based on their human dignity. Hence the importance of human rights, social rights and, in particular, workers' rights.

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