Wyniki wyszukiwania - Biblioteka Nauki

1

Jakou kulturu potřebuje interkulturní dialog o lidských právech?

100%

Profant M.

Filosofický časopis (Philosophical Journal)

|

2011

|

tom 59

|

nr 4

501-516

EN

In this article I consider how we might suitably define the concept of culture where we take seriously the possibility of inter-cultural dialogue. I reject the idea of mutually-separated bits of culture characterised by certain typical values (Asian, Euro-Atlantic, African etc). It is necessary to refuse the reification of partial cultures, both for theoretical and for practical reasons. The concept of eternally-existing portions of culture ultimately serves only to limit the free behaviour of people interpreted as members of such cultures. The idea of a certain portion of culture, or of cultural value, is defensible only as an ideal type which provides an interpretational key to the discovery or construction of facts, to their organisation and to understanding them. More important in dialogue is seriousness and equal respect towards each cultural situation from which individual people emerge, and the systematic openness of society to the acceptance of the original cultural situation of each person as an opportunity for widening and enriching the common culture (understood at the level of the relation of the origin of a family of immigrants and the integration into the national culture of the relevant national state). As regards the discussion about inter-cultural dialogue in relation to the extent of globally-recognised human rights, I emphasise the occurrence of the political implementation of such rights in constitutional republics, and I show that without state power human rights cannot be secured against the threat of religious fanaticisim, the despotic power of families or customary norms. Dialogue about human rights at the global level will not be maintainable without the Kantian ideal of a world civil society as a community of constitutionally-regulated states.

2

The Grand Chamber and its role in creation of the case-law of the European Court of Human Rights

80%

Gronowska B.

Studia Prawnicze

|

2011

|

nr 3-4 (189)

7-33

EN

The main purpose of this research is giving an answer for the question about the role which has been already played and can be played in future by the Grand Chamber created in 1998 within the European Court of Human Rights (ECHR). Obviously the fact that wide competences and powers have been conferred on this organizational formation of the ECHR created a unique situation concerning the substantive and procedural quality of the judgments. On the other hand, there is a potential risk that the possibility of referral of a case to the Grand Chamber can also be used for the purposes other than those strictly connected with the idea of the fair and objective justice system. The Author of this paper based her analysis against the background of 272 judgments which have been passed by the Grand Chamber and in such context she tries to make a systematization of problems both of the substantive and procedural nature. In principle the Author’s attitude is positive as far as any possibility of strengthening of the individual’s position in the control procedure of ECHR is concerned. However, according to the presented analysis the Author suggests that the Grand Chamber is still a kind of “big unknown”. Thus, at present it would be still difficult to appreciate in a concluding manner, the way in which the organ under consideration uses its decision-making power. The above-mentioned dilemma does not change the fact that this new area of the ECHR case-law creates a great challenge both for the ECHR itself as well as for all those who strongly support this institution.

3

Sport for All Frail Bodies

80%

Jespersen E.

Physical Culture and Sport. Studies and Research

|

2015

|

tom 65

|

nr 1

74-85

EN

Sport for All is a universal Olympic idea adopted by supranational institutions such as the Council of Europe, UNESCO, and the UN. Measures that need to be taken to ensure that all people have an equal opportunity to be included in sport are analyzed and discussed based upon a survey of sports and exercise participation in Denmark with a special focus upon people with impairments. The prevailing point of view is a special needs approach to sports participation, whether it is oriented towards separate or integrated forms of organization. It is often unclear whether this approach is aiming for equality of outcome, equality of chance or just a minimum threshold for sports and exercise activity. However, if we adopt a universal approach to Sport for all, then the focus is not on differences among people, but upon the commonalities among human beings in light of their diversity. This approach is associated with the understanding of “universal design” in the UN‟s Convention of the Rights of Persons with Disabilities and the WHO‟s International Classification of Functioning, Disability, and Health. In conclusion, it is highlighted that a more inclusive Sport for All movement is preferable to a segregated or integrated disability sport, provided the persons concerned have a say in every case.

4

Prohibition of trafficking from the perspective of the protection of human rights

80%

Sokołowska-Walewska M. J.

Studia Prawnicze

|

2013

|

nr 1 (193)

69-100

EN

Human trafficking, often referred to as modern day slavery, is a global phenomenon. It is one of the most serious human rights violations. The trafficking has by its very nature violates the fundamental rights and freedoms enjoyed by everyone. What's more, a threat to security and public order. Therefore, special attention should be paid to the actions taken in the plane of criminal politics. Both, nationally and internationally which have been taken to combat this shameful trafficking. The article on human rights issues for practicing human trafficking. Starting from the definition of terms such as "human rights" and "human trafficking", the author makes a detailed analysis of the international legal instruments for the protection of human rights for violations of these rights in practice human trafficking. Attention has been focused not only on human rights in general. A group of people, which is subject to special protection under international law are women and children, who, after all, are the most victims of human trafficking. Due to the special attention is paid to separate the rights enjoyed by women and children.

5

Liberalizm – między ideologią a metapolityką

80%

Turowski M.

Studia Philosophica Wratislaviensia

|

2007

|

tom 2

|

nr 1

77-86

EN

The paper seeks to detect the most recent trends in identifying of social, political and cultural dimensions of liberal thought. Two such ways of theorizing are discussed. On one hand, the conventional conception of liberalism as a language of individuals' entitlement is presented. Liberal theory is associated here with general socio-cultural discourses of pluralism, individual rights, rule of law, constitutionalism, liberty, free market and human rights. On the other hand, a critical stance by I. Wallerstein is analysed. Wallerstein conceives the liberal proposal as a sophisticated project directed towards a development of modern geoculture, an ideological basis for the unequal, worldwide distribution of wealth and power, and baptises it as The Modern (Capitalist) World-System. According to Wallerstein – and the author of this paper shares this view – evolution of structures of the World-System is far from completion, and the recent ,,triumph'' of capitalism and liberalism must be seen as one of the many stages of the evolution, and not as its peak and/or the ,,end of history''.

6

Prawo człowieka niepełnosprawnego do życia w środowisku wolnym od barier transportowych

80%

Sienkiewicz T.

Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL

|

2007

|

tom 3

|

nr 1 Prawo

171-194

EN

The right of a disabled person to live in a world which is free from transportation barriers is one of the rights incorporated in the common idea of the right to exist in an environment which is shaped functionally. It is not complex law concerning the comfort of life. This could happen in the case of an able-bodied person who could more easily use public transport or social buildings, for instance. The person, whose physical and mental abilities of functioning in society are dysfunctional, can easily become a victim of legal system where this reality is not necessarily included. In such a situation legal discrimination can even pose danger such a person’s life.

7

The International Monitoring Mechanism of the Convention on the Rights of Persons with Disabilities

80%

Sękowska-Kozłowska K.

Studia Prawnicze

|

2013

|

nr 2 (194)

7-22

EN

The paper offers a comprehensive analysis of the monitoring mechanism of the UN Convention on the Rights of Persons with Disabilities adopted in 2006. It presents the structure of the Committee on the Rights of Persons with Disabilities which monitors implementation of the treaty by the States Parties and its monitoring tools, i.e. mandate to examine reports of the States Parties, to consider individual communications and to conduct inquiries. It indicates that, even though the monitoring mechanism of the Convention on the Rights of Persons with Disabilities is based foremost on elements typical for other, more embedded UN human rights treaty bodies, it also owns its specific, innovative characteristics. These novelties are related to the particular needs of beneficiaries of the treaty and attempts to improve the monitoring procedures.

8

„Co z těch dětí vyroste?“ O rizicích oprese sociální práce vůči stejnopohlavním rodičům

80%

Janebová R. , Břízová T. , Velčovská I.

Gender, rovné příležitosti, výzkum (Gender, Equal Opportunities, Research)

|

2013

|

tom 14

|

nr 2

14-26

EN

Social work as an institutionalized profession aims to promote and defend human rights and social justice regardless of gender, sexual orientation and other grounds. Rooted in Christianity, it is partly performed by religious organizations and religious people. Consequently, conservative values may orient the profession, thus conflicting with the rights of lesbians and gays. The aim of the article is to present the risks of social worker´s oppressive action toward same-sex parents, and to suggest possibilities how to avoid such ethical misconduct. First, we present a dilemma of social work arising from the tension between ethical principles of equality and non-discrimination on the one hand and conservative norms on the other hand. Then, we introduce individual oppressive tendencies which are manifested in the discourse “on homosexuality” in Czech social work and how these may transform into social worker´s oppressive action. Finally, we propose practical suggestions that can support anti-oppressive social work in the Czech Republic.

9

DISCRIMINATION, DEMOCRACY, AND POSTMODERN HUMAN RIGHTS

80%

Wypych B.

|

2013

|

tom 42

163-184

EN

The question of discrimination, as far as it is considered in the field of philosophy, cannot be perceived as a problem which can be effectively combated. Even the most precise diagnosis of human nature will not restrain people from defining others as evil and inferior. The most universal and spacious conventions, declarations, cards or bills will not solve the problem either. They can be regarded as an example of applied philosophy at most. On the other hand, we should pose the question what the world would look like if political pragmatism were the main obligatory rule. Thus, the situation finds us between philosophical wishful thinking about a global order free from discrimination and macro – or micropolitical pragmatism.

10

Andriej Sacharow – conscience of Russia. On the twentieth anniversary of death

80%

Kozielecki J.

Nauka

|

2009

|

nr 4

PL

The article reminds the life and work of the eminent Soviet nuclear physicist, dissident and human rights activist Andriej Sacharow on the occasion of twentieth anniversary of his death. The author emphasizes the extraordinary personality of the great advocate of civil liberties and reforms in the Soviet Union.

11

Notion of the international legal standard. Reflections based on international law concerning family.

80%

Schulz A. N.

Studia Prawnicze

|

2012

|

nr 3 (191)

25-47

EN

What does the notion of “the international legal standard” really mean? The issue is not addressed in the Polish doctrine, neither in the international law. Moreover, the terms ”a standard” and “to standardize” have several different linguistic meanings in the Polish language. This text contains thoughts on at least some of elements of this term based on examples from international human rights law concerning family. The analysis, step by step lead to the reconstruction of a definition which describes “the international legal standard” as a directive (a directives-statement) containing a legal norm or other normative-statement like a recommendation, a proposal, a suggestion of certain resolutions (sometimes set of legal norms and recommendations), included or interpreted from the biding and non-biding legal acts of international law; which: - sets up a typical model of protection of a somebody’s right; -was accepted as a minimal at the international level by competent organs; -is addressed at the first place to a state that is obliged to create status of respect for a given model of protection by all participants of legal relations under a jurisdiction of this state, including individuals.

12

Miejsce Stolicy Apostolskiej w polskiej polityce zagranicznej w latach 1989‑1993

80%

Skubiszewski K.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

|

2014

|

nr 3(29)

355-365

EN

The article discusses the principles of the Polish foreign policy and tries to identify the shared principles with the diplomacy of the Holy See. Author concentrates on the three major issues. The first one is devoted to the recognition of the role of morality in international relations which should be clearly distinguished from being confused with any ideology. The second one deals with the human rights and basic liberties in the light of the results of the Second Vatican Council which identified the notion of human dignity as their basis. The third one shared principle is the strong support for the idea of European integration and unity.

13

Constitution of May 3, 1791

80%

Masing J.

Studia Prawnicze

|

2012

|

nr 4 (192)

7-23

EN

Based on a speech held by Johannes Masing on the occasion of the 221st anniver-sary of the Polish Constitution of May 3, 1791, this article outlines this constitu-tion’s position in the history of the modern constitutional state. It initially high-lights the domestic importance of the constitution’s achievements in Poland against the background of the old Republic of Nobles’ shortcomings. The author subsequently contrasts the basic ideas of the Constitution of May 3 with French and American constitutional developments at the time. It is empha-sised that these constitutional processes were aimed at a new legitimisation of public governance whereas the Constitution of May 3 maintained the rule of privi-leged estates. The absence of basic and human rights provisions in the Constitu-tion of May 3 is also identified as a pre-modern element. On the other hand, the conceptualisation of an entire public system as achieved in the Constitution of May 3 is understood as a characteristic of modern constitu-tions. Further modern features are recognised in the formation of a singular elec-toral body, the association of electoral franchise with freehold, the understanding of all executive and judicial powers as merely derived authority, and the account-ability of members of the executive branch to the Sejm. Masing concludes that while the Constitution of May 3 does not contain the modern constitutional scheme of legitimate governance exhaustively, it includes however many progres-sive elements. Looking at the constitution as a whole, it can be considered as the first modern constitution of Europe. Masing then covers the importance of the Constitution of May 3 for the self-concept of the Polish Nation. Finally, he demonstrates the striking resemblance between current deficiencies in European integration and the challenges faced by Poland in 1791.

14

Wyjątki ex definitione w prawie do życia w Europejskiej Konwencji Praw Człowieka

80%

Frąckowiak K.

|

2012

|

tom X

|

nr 3

9-19

EN

The aim of the paper is to present selected questions connected with man’s right to life as contained in the international law, in the system accepted by the Council of Europe. In particular, the author concentrates on exceptions to the right to life: the problem of the Capital Punishment and cases of applying absolutely necessary force, which can result in the death of human beings, as seen against the background of the European Convention on Human Rights. The right to life is the most fundamental of all rights. It constitutes a condition and a premise to make use of all the other rights. It also is an absolute and irrevocable right. The right to life is a frequently used expression, especially in the context of the possibility of a loss of human lives. The term appears, too, a good number of times in the case-law of the European Court of Human Rights. This particular right is founded on the prohibition of intentional deprivation of life, with the exception of death penalty. The European Convention accepts also cases of application of absolutely necessary force, excluding them from the prohibition. It is in this way, in short, that the European standards relate to this question. In the paper, the author refers a few times to judgments of the European Court of Human Rights. It can be concluded that it makes the basis of effective work, since it is there that – in an extensive manner – the key aspects of the right to life, its temporal limits, prohibition of deprivation of life (the Capital Punishment) or premises to use absolutely necessary force have been explained.

15

Jakiej podmiotowości potrzebuje nowoczesny świat? Wokół Senowskiej refleksji na temat wartości azjatyckich

80%

Augustyniak P.

Prakseologia

|

2014

|

nr 156

325-335

EN

The article is an attempt to analyze and determine problem assertions contained in A. Sen’s essay Human Rights and Asian Values. The essential thesis of the article is that, in his vision of the universality of the values which constitutes the basis of human rights, Sen is a hostage of a typically Western way of thinking. This should lead to a search for an in-depth dialogue with Eastern spiritual traditions, such as Buddhism, for example.

16

Lidská práva v rakouském osvícenství. Wolff, Martini a Windischgrätz

80%

Cerman I.

Český časopis historický (The Czech Historical Review)

|

2013

|

tom 111

|

nr 2

300-334

EN

This study returns to the beginnings of the theory of human rights as it was conceived by Christian Wolff; it discusses its developments in the conception of the Austrian lawyer Karl Anton von Martini and the original re-working of this theory based on sensualism as presented by Joseph Nikolaus Count Windischgrätz.

17

Continuing situations as a source of States’ responsibility in international law – current tendencies

80%

Mężykowska A.

Studia Prawnicze

|

2012

|

nr 3 (191)

5-23

EN

The article presents an analysis of continuing situations stricto sensu, with the main focus on the domain of human rights. The concept finds its application in circumstances where there is a continuum between the past and presence. Despite the fact that it traces back to the 19th century, the exact scope of its application as well as the legal consequences are disputable. The purpose of this analysis is to indicate the legal aspects that have to be taken into account while assessing this continuity. The author provides an overview of the relevant case-law of international courts: the Permanent Court of International Justice, European Court of Human Rights and International Court of Justice. Due to the fact that the possibility of continuing situations was foreseen by the International Law Commission, the paper refers to Article 14 of its Draft Articles on State Responsibility. The author argues that the case-law developed by international judicial organs on the basis /or in reference to international human rights treaties reflects the understanding of continuing situations in general international law. However, the key factor allowing to classify a situation as a continuing one refers to identifying the legal aspects of the continuity. Consequently, the following elements are of crucial importance in the discussion: the scope of the international obligation, the acts/or facts constituting the alleged interference in the right, date of commission of the interference, as well as the special circumstances of the case. Taking into account the evolving character of obligations incumbent upon states in the field of human rights, the concept of continuing situations may have significant effect on the accountability of certain acts for states and, as a result, increase the protection of potential victims.

18

Satyagraha and South Africa Part I: The Origins of the Relationship Between the Idea and the Place in Mahatma Gandhi ’s Writings

80%

Czekalska R. , Kłosowicz R.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

|

2016

|

nr 40

31-46

EN

The article presents the results of research carried out mainly on Mahatma Gandhi’s written statements which the authors refer to both a historical and socio -political background. It is the first part of the planned two -part study on mutual relations between Mahatma Gandhi’s satyagraha and South Africa, therefore it is focused on the interdependencies between the origin of the idea and the place where it was invented. The authors seek to answer two main questions: 1) whether Gandhi has entered into a dialogue with the native people of South Africa, and 2) whether Gandhi’s idea of non -violent fighting for social rights included the native population of South Africa. The study also presents an outline of the evolution of Gandhi’s attitudes towards Africans and the Coloured People.

19

ŻYCIE LUDZKIE JAKO PRZEDMIOT OCHRONY PRZEPISÓW PRAWA ZE SZCZEGÓLNYM UWZGLĘDNIENIEM MOMENTU OBJĘCIA OCHRONĄ

80%

Borkowska K.

Security, Economy & Law

|

2018

|

nr 1/2018 (XVIII)

EN

Human life has the highest possible value and is particular interest to various branches of law. It allows the unit to use other civil rights and civic freedom. In this article authoress analyses the level of the protection of human life through the provisions of the Constitution of the Republic of Poland and regulations of the international law with emphasis on the issue of the beginning of the legal protection of human life. In order to thoroughly analyse the legal regulations the authoress uses numerous examples of the case-law. The research purpose of the article is to show the complexity of the problem of the beginning of the legal protection of human life and the lack of the conclusive verdict of the supranational jurisdictional bodies in this matter.

20

Perspectivas de la etica civil. Valores democraticos y virtudes civicas

80%

Ferrer U.

Studia Ełckie

|

2012

|

tom 14

81-93

EN

The paper starts with focusing on three forms in which ‘Civil Ethics’ can be considered, accord-ing to whether we approach it from the minimum Ethics common to the citizens, or universal rights, or the ethical backbone of civil society. Subsequently, the paper examines historical rea-sons that account for the imposition of the above mentioned. Which would there be the most suitable one? If civil freedom and equality are to be ethical and metaphysical mainstays of democ-ratic values, the article shows the weakness of the first two approaches. As the third one is con-cerned, it seems to be fruitful insofar as democratic values are accompanied by civic virtues, which are the only ones that can make them effective. The article is concluded with an analysis of the virtues of responsibility, strength, and prudence with the particular connotation that they have in the realm of public life.