Human and Citizens Rights in a Globalized World

Analiza i Egzystencja, 2023

The main aim of the article is to show that in the globalized world, the axiological and anthropological dimensions of human rights do not fit together. Such tensionbetween universally understood human rights and territorially perceived citizens' rights -is unavoidable. By making the term "human" strictly biological, people are not perceived as members of a particular community but as members of the human species. In the political paradigm, these collectivities are distinguished by political rules; in the biological paradigm, they are perceived as natural. In this situation, from a biopolitical perspective, the life of others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, from the biopolitical viewpoint, human rights cannot be enforced with the same effectiveness as laws enforced under state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories -space and borders -that play a vital role in understanding the processes of globalization that affect the legitimation and enforcement of human rights.

THE AGE OF HUMAN RIGHTS, 2020

The consolidation of relations of global society requires the progressive establishment of a global legal system, consisting of a system of rules-precisely, human rights-as the source and evaluation criteria of positive national rights. This essay aims to contribute to some extent using reflective dialectical methodology, establishing logical-argumentative criteria, based on the dialogue between authors to exercise a critical reflection of the official narrative on the universality of human rights, in addition overcoming the universalism/relativism dichotomy eurocentricaly established by a theory of human rights between universalism and cultural relativism. Introdution There are strong criticisms of the attempts to create a world political order based on the defense of human rights, allowing international organizations and major powers to implement a centralized policy of "humanitarian" intervention, situated above the sovereignty of States, using even of war resources if necessary. In this line of argument, there are those who accuse the West of using "human rights rhetoric" to cover up their true political and economic interests and, through that discourse, impose its policies on the rest of the world. The process leading to the creation and consolidation of human rights is contemporary to the expansion of Europe and the West over the whole world and inextricably linked to this process and its contradictions. If, in the so-called West, the consolidation of some fundamental rights was the result of many struggles and conflicts and wars, non-European countries excluded from this process since the beginning and not infrequently participated as victims. The approach to the issue of human rights comes as a more tortuous issue to jurists faced with dilemmas that have assumed an enormous degree of importance with the intra-frontier and international community and which, at the same time, have not yet achieved unity of thought that allows its organization to ensure universal protection. It is, therefore, relevant to the establishment of a set of universal human rights to try to find, at least, a minimum set of guarantees capable of assuring the dignity of the human person. The very notion of dignity is problematic for the solution of this impasse, as each country, and within each of these countries, each culture sheltered by them, tends to establish its own conception of human dignity. To discuss a theory of human rights necessarily leads to a reference to the juridical theory of this class of rights, enshrined by a range of treaties, conventions and

2018

This thesis points at two main issues in the concept of the universality of human rights. First, the obstacles it poses to the notions of the sovereign and the political as defined by Carl Schmitt. Second, the paradox of human rights formulated by Hannah Arendt remains unsolved, since the contradiction at its heart has not changed after its formulation. The third chapter attempts to illustrate how these theoretical concepts are relevant for our understanding of human rights crises involving state actors analyzing some of the events that took place during the 2015 migrant crisis in Europe. The thesis concludes pointing at the need to end the misconceptions derived from the idea of the universality of human rights in the mind of the public. I successfully defended this thesis in Spring 2018, at the Philosophy Department of University of Tartu.

Direitos Fundamentais & Justiça, 2022

The research analyzes the clash between universalism and cultural localisms, aiming to carry out an epistemological analysis of the discursive foundation of human rights. We problematize the existence of an apparent dichotomy between universalism and cultural localism. Methodologically, it uses discourse analysis, with an emphasis on deconstructivism. At the discursive level, the research points there is no contrast between universal human rights and different cultural localism. But if we understand human rights as a universalized Western culturalism, there is no opposition between them and other cultural localisms that could contribute to different dimensions of dignity. The research contributes to the field by presenting the discursive element of universal human rights, manifesting its philosophical foundations.

In the beginning of the century, global processes produced numerous challenges to theorists because theory no longer reflected reality. Population movements, organized civil society, transnational companies changed the status of sovereignty. Rights no longer stemmed from private attributes of nationality, people have been seeking in human rights legislation, universal principles and international instruments to guarantee their well-being. Every human being is born with a framework of inalienable rights. Moreover, that means that we agreed that principles such as dignity were worth preserving, which was not always the case. During this article, it is aimed to show how society and the Human Rights framework aggregated values that moved us closer to the idea of society we want to become. In addition, it is shown how Institutions and nongovernmental actors were a big part of this culture change. The sovereign acts of states increasingly became privileges from which derived rights and duties. From the time that states began to join international organizations, ratify human rights treaties, they become willingly parts of a framework of legal protection to ensure legitimacy. However, this legal framework provides standards that must be followed in order to maintain stability in the international system. The 60s and 70s are known as times of great turbulence in the economic and political sphere. After this period, non-state actors emerge with strength, and relevant role to be considered and understand in the new world dynamics. The term globalization is now commonly used to refer to the intensification of transnational interactions and cross-border. The multiplicity of actors and the emergence of transnational civil society organizations are important factors to explain the change in the structure, through the strengthening of human rights culture and the transformation of the identity of the actors as more moral. Most of the information transmission and awareness of rules and policies focusing on protection of the individual is made by civil society.

In the most general sense human rights are understood as rights which belong to any individual as a consequence of being human, independently of acts of law. Awareness of the existence of this type of rights finds its expression in the output (especially in literature) of various cultures of various times. However the real career of the category of human rights which led to its common use in disputes of practical type, not only in the area of law but also in politics, morality or religion, dates only from the Second World War. The modem concept of human rights is rooted in the experiences of 'legal lawlessness' when crimes were committed with the authorization of law, and some human beings possessing certain characteristics were refused the status of being human. The emergence of international law of human rights was an answer to these experiences. The conception of human rights adopted in the acts which laid foundations for this law determines nowadays the paradigm for the understanding of human rights not only in international law, but also in other areas of culture. International community's appreciation of the unique worth of every human being led to the concern not only to eliminate elements destructive for an individual but also to create the conditions for his or her development and flourishing. In spite of cultural changes which took place during the last half of this century, in spite of the critics, the basic original ideas of human rights have seemed to remain the same. This paper aims at identifying these ideas and at sketching a coherent perspective for consideration of human rights in their full richness. The legal or semi-legal acts of the protection of human rights are considered here not from legalistic point of view but rather as an expression of an experience of the condition of a human being in the modem world.

The International Journal of Social Sciences and Humanities Invention

This paper is a study of the conceptual dimensions of human rights gleaned from the writings of scholars and jurists, judicial precedent, and domestic and international human rights instruments, particularly under the United Nations System. Human rights have become an international subject and have today attained the status of a jus cogens rule of international law. The need to determine and clarify the history and dynamics of this subject has given impetus and inspiration to this paper. Applying a theoretical and doctrinal methodology, the paper set out to appraise the different dimensions, and for that matter ramifications, to the concept of human rights and how they affect our everyday life. The paper found, among other things, that human rights law and its observance are much more entrenched at the international forum than in domestic jurisdictions. The paper concluded that human rights issues are no longer a matter of domestic affairs of any nation in the light of extant intern...

Krytyka Prawa, 2022

The ambiguity of understanding and use of the term "human rights" reduces the effectiveness of the law-making and law enforcement activities of state and international bodies, creates negative conditions for the formation of the unified worldview and legal position of future lawyers and representatives of other humanities. This article aims to define, formulate the content and describe the legal essence of the term "human rights," and to substantiate the thesis about the harmfulness of the legal science, law-making and law enforcement use of this term with different meanings. The leading method of research is the method of analysis, which allows one to study the subject, imaginatively dividing it into constituent elements, and to consider each of the selected elements separately within a single whole. This article presents the argumentation of the need for a single wording, understand

2018

This thesis marks the end of an academic and personal period that I chose to undertake in the hope of gaining a better understanding of our world, or at least the tools for such an understanding. And, just as in the world we inhabit, it has been marked and determined by the unexpected, life and death, joy, uncertainty and failure on occasions, and, more than anything else, the help and kindness of others. I would not have been able to enter this program without the full tuition exemption I was generously granted by the Department of Philosophy. I too enjoyed an achievement stipend for two semesters. I am grateful for this opportunity, and for the willingness to help in all matters I have always encountered from all members of this department. Among them, I wish to heartily thank my supervisor, Siobhan Kattago, for teaching me these years through her academic and personal example, establishing a truly enriching intellectual relationship with me where I felt the freedom to pursue my ideas with rigour, and an essential touch of the wisdom usually known as common sense. My ideas and personal way of addressing them benefitted from discussions with many friends and colleagues, among them Merily Salura, Mirt Kruusmaa, Francisco Martínez and Semyon Reshenin. The incisive work of Karel Pajus as my opponent in 1 These General Comments published by the UN Office of the High Commissioner on Human Rights contain an ample body of comments declared by the same office to be "authoritative interpretations of the relevant treaty provisions" to each of the human rights treaties approved by the United Nations.