scholarly journals Challenges and perspectives of “rainbow families” in Serbia

Temida ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 57-77
Author(s):  
Zorica Mrsevic
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Social Situation ◽  
Same Sex ◽  
Family Situation ◽  
The Family ◽  
The Subject ◽  
And Coping

This paper analyzes two types of ?rainbow families?, those in which same- sex people raise children, as well as those in which children (most often) or other members belong to the LGBT + category. The duality of the approach of this paper is based on the fact that ambient homophobia affects not only one LGBT + person and not only one type of rainbow families but is a source of a whole range of challenges typical for all such families. The activist orientation that functions both regionally and in Serbia uses the term ?rainbow family? to refer to the family situation of broadly understood target families where any member belongs to the LGBT + group. The subject of this paper is the specifics of the challenges and perspectives of both types of ?rainbow families? whose social situation is most often characterized by victimization by violence, discrimination, rejection, stigmatization, marginalization and coping with a range of daily denials and violations of human rights. Special attention is paid to the situation of LGBT + children as the weakest and potentially the most exposed to the challenges. The paper aims to identify strategies and successful empowerment experiences and ways of (self) protecting ?rainbow families? in addition to addressing existing challenges. As a methodology, the paper contains the most recent violence case studies, data and expertise, as well as relevant domestic, regional and international analysis and activities related to the functioning of rainbow families.

scholarly journals WHO AM I? WHO ARE YOU? WHO ARE WE? LAW, RELIGION, AND APPROACHES TO AN ETHIC OF MIGRATION

2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard
Keyword(s):  
Human Rights ◽  
Political Identity ◽  
The State ◽  
Political Community ◽  
Universal Declaration ◽  
Nation State ◽  
Political Space ◽  
The Family ◽  
The World ◽  
The Subject

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”

THE HUMAN RIGHT TO STERILIZATION: MEDICAL AND LEGAL ASPECT

2021 ◽  
Vol 74 (10) ◽  
pp. 2674-2677
Author(s):  
Roman M. Fridmanskyy ◽  
Viktoria I. Fridmanska ◽  
Ihor Yu. Dir ◽  
Vasyl V. Kopcha
Keyword(s):  
Human Rights ◽  
Legal Aspect ◽  
Human Right ◽  
Systematic Method ◽  
Historical Method ◽  
Methods Of Analysis ◽  
The Family ◽  
Analysis And Synthesis ◽  
Surgical Sterilization ◽  
The Subject

The aim: To consider the general principles of the human right to sterilization in terms of medicine and law. Materials and methods: Formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of right to sterilization among other human rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of category “right to sterilization” with human participation were identified. Conclusions: The issue of surgical sterilization should not be considered during contractions, as happened in this particular case, but before or after childbirth, because a woman in childbirth can not adequately perceive information and make such important decisions. If this decision is made after delivery, the doctor must make sure that the patient is psychologically healthy. In addition, the consent for surgical sterilization of the spouses must be signed together. Although this procedure follows from the human right to dispose of one’s own body, however, in the presence of marriage, referring to Part 2 of Art. 54 of the IC of Ukraine, which states that all important issues of the family should be resolved by the spouses together, on the basis of equality. If such a decision is made by the wife alone, she must be considered to have committed the wrongful conduct.

scholarly journals Advocating Abortion Rights in Northern Ireland

2016 ◽  
Vol 25 (6) ◽  
pp. 716-740 ◽  
Author(s):  
Catherine O’Rourke
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Optional Protocol ◽  
Human Rights Organizations ◽  
The Family ◽  
Human Rights Advocacy ◽  
The Subject ◽  
International Human

It is frequently claimed that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is more significant for the cultural, rather than legal, work that it does in reframing locally contested gender issues as the subject of international human rights. While this argument is well developed in respect of violence against women, CEDAW’s cultural traction is less clear in respect of women’s right to access safe and legal abortion. This article examines the request made jointly by Alliance for Choice, the Family Planning Association Northern Ireland and the Northern Ireland Women’s European Platform to the CEDAW Committee to request an inquiry under the CEDAW Optional Protocol into access to abortion in the jurisdiction. The study found that the CEDAW framework was useful in underpinning alliances between diverse pro-choice organizations but less effective in securing the support of ‘mainstream’ human rights organizations in the jurisdiction. The article argues that the local cultural possibilities of CEDAW must be understood as embedded within both the broader structural gendered limitations of international human rights law and persistent regressive gendered sub-themes within mainstream human rights advocacy.

20. Genocide and Human Rights

2016 ◽  
Author(s):  
Scott Straus
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Case Studies ◽  
Human Rights Violations ◽  
Genocide Convention ◽  
Mass Violence ◽  
Considerable Debate ◽  
Weak Points ◽  
The Subject ◽  
United Nations Convention

This chapter examines the ramifications of genocide for human rights. Genocide is one of the most extreme forms of human rights violations, but its definition has been the subject of considerable debate. In recent years, there have been efforts to develop a better policy on genocide prevention. This chapter evaluates various definitions of genocide as well as some of the weak points of the 1948 United Nations Convention on the Punishment and Prevention of the Crime of Genocide, also known as the Genocide Convention. It also discusses theories of why genocide occurs and concludes with case studies of Rwanda and Darfur, both of which describe the background to the mass violence in both locations, as well as the international responses.

scholarly journals Perspektif dan Frame Ekspresi Permintaan Maaf dalam Diskusi Indonesian Lawyers Club “50 Tahun G30S/PKI, Perlukah Negara Minta Maaf?”: Kajian Linguistik Kognitif

2020 ◽  
Vol 1 (2) ◽  
pp. 124-139
Author(s):  
Imam Musyayyab ◽  
Sailal Arimi
Keyword(s):  
Human Rights ◽  
Communist Party ◽  
Human Rights Violations ◽  
Note Taking ◽  
Linguistic Expression ◽  
Matching Method ◽  
Presidential Speech ◽  
The Family ◽  
The Subject ◽  
Observation Method

Abstrak: Pidato kepresidenan pada HUT RI ke-70 menuai kontroversi. Sebagian masyarakat berasumsi bahwa negara akan meminta maaf kepada para “korban” pelanggaran HAM yang merujuk kepada pihak Partai Komunis Indonesia (PKI). Pada 29 September 2015, Indonesian Lawyers Club (ILC) menggelar diskusi dengan tema “50 Tahun G30S/PKI: Perlukah Negara Minta Maaf?” untuk menanggapi isu tersebut. Saat diskusi berlangsung, para tamu undangan saling tunjuk pihak yang seharusnya meminta maaf. Akibatnya, banyak sudut pandang yang membiaskan subjek yang seharusnya meminta maaf. Peneliti menelusuri fenomena ini lewat kajian Linguistik Kognitif untuk membongkar perspektif dan latar belakang pengetahuan (frame) permintaan maaf. Peneliti mentranskripsikan data dengan menggunakan metode simak teknik sadap dan catat. Setelah itu, peneliti mengklasifikasi dan menganalisisnya dengan metode padan. Hasilnya, perspektif mengenai wacana permintaan maaf terwujud dengan adanya pengutamaan (subjek) dari setiap ekspresi kebahasaan, yaitu perspektif dengan subjek pihak keluarga dan terduga PKI, perspektif dengan subjek pihak TNI AD, dan perspektif dengan subjek pihak NU dan Muhammadiyah. Peneliti mengklasifikasikan frame, pengetahuan yang melatari terbentuknya sebuah konsep, menjadi tiga frame yang berbeda berdasarkan waktunya, yaitu waktu sebelum peristiwa G30S (pihak NU dan Muhammadiyah), saat terjadi peristiwa G30S (pihak TNI AD), dan setelah peristiwa G30S (pihak keluarga dan terduga PKI). Abstract: The Presidential Speech at the 70th Indonesian Independence Day caused a controversy. Some people assumed that the state would apologize to the victims of the human rights violations mentioning the Indonesian Communist Party (PKI). On 29 September 2015, the Indonesian Lawyers Club (ILC) held a discussion bringing up the theme “50 Tahun G30S/PKI: Perlukah Negara Minta Maaf?” to respond to the issue. During the discussion, the invited guests pointed to each others who should apologize. The researchers investigate this phenomenon with Cognitive Linguistic studies to reveal perspectives and beckground knowledge (frames) of apologies. The researchers transcribed the data using the observation method of tapping and note-taking techniques. After that, the researchers classified and analysed using the matching method. Based on the analysis carried out, perspective on apologies are manifested by the prioritisation (subject) of each linguistic expression, i.e., perspectives with the subject of the family and suspected PKI, perspective with the subject of the Army (TNI), and perspective with the subjects of the NU and Muhammadiyah. In this study, the researchers classified three different frames, the knowledge behind the formation of a concept, based on the time, namely the time before the G30S incident (the NU and Muhammadiyah parties), the time of G30S event (TNI), and after the G30S (PKI family and suspected PKI).

Ties That Bind: Towards a Child-Centred Approach to Lesbian, Gay, Bi-Sexual and Transgender Families under the ECHR

2012 ◽  
Vol 20 (4) ◽  
pp. 501-522 ◽  
Author(s):  
Loveday Hodson
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
Blind Spot ◽  
Same Sex ◽  
Special Significance ◽  
The Family ◽  
Lgbt Families ◽  
Traditional Families

This paper examines the European Court’s of Human Rights approach towards lesbian, gay, bi-sexual and transgender families and points to the absence of a child-centred approach in its judgments. While adult same-sex relationships are increasingly gaining recognition under the Convention and national laws, in matters concerning children the Court prefers a heteronormative outlook that, it is suggested, attaches special significance to the symbolic innocence of the child. Consequently, the Court’s case-law does not adequately reflect the reality of the increasing numbers of children raised in LGBT families. The consequences of this blind-spot are considerable: it endorses the patchwork of uneven protection for children in LGBT families under national laws. This paper points towards a child-centred approach that would broaden the Court’s understanding of family life and more accurately reflect the family lives of children raised in non-traditional families.

scholarly journals Religion and law in contemporary Ghana

2021 ◽  
Author(s):  
◽  
Seth Tweneboah
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Legal Pluralism ◽  
Analytical Framework ◽  
Public Domain ◽  
Same Sex ◽  
International Human Rights ◽  
Religion And Law ◽  
International Human ◽  
Human Rights Standards

<p>Employing a legal pluralist framework, this thesis examines the complex interrelationships between religion and law in contemporary Ghana, a professedly secular state characterised by high levels of religiousity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the state’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the thesis illustrates the ways that the entangled and complicated relationships between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The thesis contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary Ghanaian public domain.</p>

scholarly journals Religion and law in contemporary Ghana

2021 ◽  
Author(s):  
◽  
Seth Tweneboah
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Legal Pluralism ◽  
Analytical Framework ◽  
Public Domain ◽  
Same Sex ◽  
International Human Rights ◽  
Religion And Law ◽  
International Human ◽  
Human Rights Standards

<p>Employing a legal pluralist framework, this thesis examines the complex interrelationships between religion and law in contemporary Ghana, a professedly secular state characterised by high levels of religiousity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the state’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the thesis illustrates the ways that the entangled and complicated relationships between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The thesis contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary Ghanaian public domain.</p>

Human Rights and Personal Law: Women in Sub-Saharan Africa

1982 ◽  
Vol 12 (1-2) ◽  
pp. 45-52
Author(s):  
Rhoda Howard
Keyword(s):  
Human Rights ◽  
Sub Saharan Africa ◽  
Individual Rights ◽  
The Family ◽  
English Speaking ◽  
The Subject ◽  
Sub Saharan ◽  
The Individual ◽  
Personal Law ◽  
Female Genital

In this paper I will discuss women’s rights regarding marriage, the family, and genital operations in the context of internationally accepted views of the individual rights of women. I focus upon these particular areas partly because the issue of female genital operations in Africa has been the subject of much popular attention in the last three years, but mainly because, given that women’s biological reproductive roles are so much more central to their lives than are the equivalent roles for men, their rights in these areas profoundly affect their ability to exercise their rights in other areas, i.e. in the polity and in the economy. For data I use examples from several English-speaking sub-Saharan countries.

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