Wyniki wyszukiwania - Biblioteka Nauki

1

Jakou kulturu potřebuje interkulturní dialog o lidských právech?

100%

Profant M.

Filosofický časopis (Philosophical Journal)

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2011

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tom 59

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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

Права человека — от эпохи Просвещения до информационного общества

100%

Zołotar O.

Studia nad Autorytaryzmem i Totalitaryzmem

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2016

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tom 38

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nr 3

7-22

EN

The author of the article analyses the origins of human rights from the Enlightenment period to the information society. First, she points to the establishment and development of the idea by Enlightenment thinkers. Speaking of the historical development of human rights, we have to bear in mind that it is not about the emergence or evolution of human rights as such. Their development is determined by socio-political conditions and spatial-temporal factors. Social transformation leading to the emergence of the information society has shaped awareness of human rights in the sense that information and communication technologies should not be regarded as an end in themselves. Next the author examines the problem of informational exclusion or digital divide as well as the impact of the virtual reality on people’s lives in real society.

3

Ethics of communicative action and human rights in Habermas

100%

Indellicato M.

Journal of Modern Science

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2019

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nr 4 (43)

75-99

EN

The ethics of communication in Habermas overcomes the contrasts of a multicultural society and proposes inclusion of differences and differences, given that they are not a diminutive but an opportunity for comparison for the formation of a free and democratic society. The agreement between the dialoguing parties is a fundamental element of communicative action and is an essential basis for an ethical-juridical universalism, thanks to which all men are defended in their human rights.

4

Procedury specjalne a rozbudowa uniwersalnego systemu ochrony praw człowieka.

87%

Baranowska G. , Hernandez-Połczyńska A.

Studia Prawnicze

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2017

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nr 3 (211)

101-113

PL

The UN human rights system is constantly growing, as new treaties are adopted and new special procedures are established. While this strengthens the protection of some human rights, the development is also criticized for blurring recognized concepts, which consequently leads to the weakening of the protection of human rights. The article analyzes the quantitative expansion of UN special procedures, with an emphasis on thematic mandates. Reasons for their growing number are examined, as well as strengths and weaknesses that this development brings. In the second part the article scrutinizes when the activities and competences of thematic special procedures and treaty bodies overlap. The two groups act complementary, but a lack of cooperation between them can lead to competition and duplication. The article closes with possible solutions of dealing with the expansion of the universal system, that would strengthen human rights protection, while making best use of available financial, administrative and technical resources.

5

Sposób uwzględniania upływu terminu przedawnienia roszczenia a postrzeganie ochrony praw jednostki w postępowaniu sądowym

85%

Kuźmicka-Sulikowska J.

Opolskie Studia Administracyjno-Prawne

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2019

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tom 17

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nr 1

153-162

EN

The article points out the importance of the way of taking into account the fact that the claim demanded before the court is time-barred for the perception of the standard of protection of the individual’s rights in court proceedings. It is shown how it depends on whether the limitation period is taken into account ex officio or upon the objection raised by the person against whom the claim is brought.

6

Dialog między regionalnymi trybunałami praw człowieka

85%

Dąbrowska A.

Studia Prawa Publicznego

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2021

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tom 3

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nr 35

55-74

EN

The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have worked together to establish a robust dialogue. In spite of their normative, social or political differences, they have begun to intensify efforts to strengthen their bonds. The historic San José Declaration has provided formal conditions for the trilateral dialogue between the European Human Rights Court, Inter-American Human Rights Court, and African Court on Human and People’s Rights. The dialogue undertaken by the regional human rights courts contains not only a reference to its jurisprudence, but also a number of practices, incl. the exchange of experience. It is intended to establish consistency between human rights protection systems across the region. The initially informal cooperation has transformed into a trilateral dialogue that directly contributes to the improved understanding and implementation of human rights, which in turn constitutes a challenge to international human rights legislation. The aim of the article is to present the judicial dialogue in the field of human rights, to draw attention to its dynamics and to emphasize its role in changing some aspects of the understanding of law characterized by the principle of territoriality. This discussion is also intended to focus attention on the functions of dialogue, including penetration and mutual inspiration as well as strengthening the authority of courts.

7

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

80%

Gronowska B.

Studia Prawnicze

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2011

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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.

8

Sport for All Frail Bodies

80%

Jespersen E.

Physical Culture and Sport. Studies and Research

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2015

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tom 65

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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.

9

Zbrodnia katyńska przed Europejskim Trybunałem Praw Człowieka — refleksje nad wyrokiem z 21 października 2013 roku

80%

Kulesza W.

Nowa kodyfikacja prawa karnego

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2017

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tom 43

349-373

EN

Both the Nuremberg Tribunal in its judgment of Jan. 1, 1946 as well as the European Court of Human Rights’ Grand Chamber judgment of Oct. 21, 2013 in the case of Janowiec and Others v. Russia abstracted from a substantive decision on Russia’s responsibility for the Katyń massacre and failed to determine the consequences to be borne by the defending state, whose authorities decided upon the performance of the act in question. Contemporary Russian state denies that the murder of 22,000 Polish prisoners of war and inmates at the behest of the highest authorities of the USSR in 1940 was indeed a war crime. According to the position of the Russian government, represented before the ECHR, what took place was solely a crime committed by the administrative personnel who acted beyond their authority, the prosecution of which expired after 10 years, i.e. in 1950. The Russian side also claimed that it was not obliged to conduct an investigation on the matter and refused to disclose the content of the order to discontinue the criminal proceedings issued in 2004 to both the relatives of those who were murdered and to the ECHR. It also refused to recognize the murdered Polish prisoners of war as victims of political repression, claiming that it is unclear according to which criminal code they were sentenced to be shot. Russia’s position in denying the temporal jurisdiction of the ECHR and the ratione materiae with regard to the Katyń massacre which was in fact accepted by the ECHR in its judgment, should be subject to criticism. According to the statement of the court, Russia has not violated Article 2 of the Convention in its procedural aspect or Article 3 in its way of dealing with the relatives of the victims. The Court has lost the chance to contribute to appointing — in terms of human rights — a protection standard for a vital legal interest, which is currently the collective memory of the persecution of people because of their national, racial or religious background, ones who had become victims of war crimes and crimes against humanity, committed in the name of Nazi or communist ideology once pursued in Europe.

10

MIĘDZYNARODOWA OCHRONA PRAW CZŁOWIEKA W KONTEKŚCIE ZJAWISKA HANDLU LUDŹMI

80%

Szymański Ł.

Polityka i Społeczeństwo

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2019

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nr 3(17)

5-24 (20)

EN

The subject of this study is the international protection of human rights in the context of human trafficking and slavery. Human trafficking and slavery are one of the most vivid examples of the violation of the individual's right to freedom, integrity and security, and of the denial of human dignity, which is the main pillar of the international system for the protection of human rights. Therefore, trade in live goods and other crimes related to the exploitation of prostitution have become the subject of several international conventions. International communities have decided to prevent and combat this phenomenon with the help of criminal law instruments. The study contains explanations of statutory concepts related to the protection of human rights and human trafficking. In addition, it discusses the forms of protection of human rights. The theoretical nature of this paper is based on publications in the field of international law, criminal law, and constitutional law.

11

The Platonic Concept of Peace as a Fundamental Human Right

80%

Ianne M.

Journal of Modern Science

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2016

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nr 1(28)

155-166

EN

Plato is the first philosopher who speaks about the genesis of dialectic between civil war and outside war. The war among States may be considered a righteous war when an outside enemy threats the freedom of the polis, as freedom – from Plato’s point of view and the whole classical Greek culture point of view – is the fundamental human right that makes a man a citizen and not a slave. From Plato’s point of view this objective can be achieved by means of the education promoted by the State that helps the citizens to realize his essence as man. The State, therefore, realizes the natural order among citizens thus educated, that may only consist in a proportional equality of all citizens for their friendship and thus for peace. The polis becomes a unity and a real political community only thanks to the peace granted by that friendship.

12

Reglas onusianas desde una perspectiva romanística

80%

Zamora Manzano J. L.

Journal of Modern Science

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2017

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nr 3(34)

305-325

EN

In Roman law confinement in jail as a means of containment of the prisoner to his subsequent trial and conviction, which coincides with situations in which the Roman legal system to exploit the defendant in sentencing in forced labor or in in metallum or in opus publicum. However, the jail met in Rome a suitable means preventive custody and not punishment, and the Roman law was never released on imprisonment as punishment for free men through judicial, as a result of a crime; therefore the prison was conceived as a means of police coercion or administrative judges, that is a security measure before trial by way of remand or awaiting execution. In this context, we will analyze how Roman law promulgates a series of norms aimed at dignifying the prison for the imprisoned, that is, the improvement in the treatment of prisoners due to the influence of Christianity to humanity as a recurring argument in the imperial legislation.The Standard Minimum Rules for the Treatment of Prisoners constitute the universally recognized minimum standards for the management of prisons and the treatment of persons deprived of their liberty and have had immense value and influence in the development of prison laws, policies and practices In Member States around the world, in 2015 it was promulgated under the name Mandela Rules. In this study, we will analyze how some of its principles are already beginning to be glimpsed in Roman law in relation to improvement of the conditions of the confinement´s place.

ES

Desde nuestro punto de vista, focalizado en los Derechos humanos, la normativa del ámbito penal se rige por estándares generales del debido proceso y por principios que no solo están contemplados en la normativa interna española, sino también en tratados internacionales vigentes en España, tanto derivados del sistema onusiano, es decir, las normas y resoluciones de Naciones Unidas, como del sistema regional europeo1. Igualmente, hacen parte de esos estándares las reglas de derecho internacional emergente conocidas como soft law2, que no caen dentro de la categoría de tratados y declaraciones, pero que representan recomendaciones emitidas por órganos internacionales de derechos humanos que cada vez cobran mayor vigencia como recomendaciones con un importante nivel de legitimidad. Entre esas normas, encontramos las Resoluciones de Naciones Unidas, entre ellas, encontramos una de 17 de diciembre de 2015 sobre Reglas Mínimas de Tratamiento de reclusos3, también llamadas Reglas Nelson Mandela (AGNU 70/175)4 . Dicha resolución contiene un primer párrafo del que se desprende la necesidad de garantizar los derechos humanos fundamentales: “Guiada por los propósitos principales de las Naciones Unidas, que se establecen en el Preámbulo de la Carta de las Naciones Unidas y en la Declaración Universal de Derechos Humanos , e inspirada por la determinación de reafirmar la fe en los derechos humanos fundamentales, en la dignidad y el valor del ser humano, sin distinción de ningún tipo, y en la igualdad de derechos de hombres y mujeres y de las naciones grandes y pequeñas, crear condiciones en las que puedan mantenerse la justicia y el respeto de las obligaciones derivadas de los tratados y de otras fuentes del derecho internacional y promover el progreso social y elevar el nivel de vida dentro de un concepto más amplio de la libertad”. Asimismo, el texto también pone de relieve la preocupación existente por la humanización de la justicia penal y por ende, la protección delos derechos humanos en la Administración diaria de la justicia penal y la prevención del delito. Así, la resolución onusiana pone de relieve una serie de principios y prácticas que hoy en día se reconocen idóneos en lo que respecta al tratamiento de reclusos y la administración penitenciaria.

13

Keynote speech on the International Conference on Comparative Legal Review and the Judicial Protection of Gender Equality, 4-5 March 2021

80%

Stone A.

Przegląd Europejski

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2021

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tom 4

223-225

EN

On the 4th and 5th of March 2021 the International Association of Constitutional Law (IACL), Gender Equality Research Institute, scientific journal ”Przegląd Europejski”, AEQUITAS and The European Law Student`s Association Ljubljana had organised the International Conference on Comparative Legal Review and the Judicial Protection of Gender Equality. ”Przegląd Europejski” is proud to publish the articles on this important topic and the conference speech of the president of the IACL, professor Adrienne Stone, PhD, Redmond Barry Distinguished Professor, Melbourne Law School

14

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

80%

Sokołowska-Walewska M. J.

Studia Prawnicze

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2013

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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.

15

Uwagi dotyczące poselskiego projektu ustawy o uzgodnieniu płci na tle orzecznictwa Sądu Najwyższego oraz poglądów doktryny

80%

Lipski J.

Zeszyty Prawnicze BAS

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2014

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nr 3(43)

28-64

EN

The article provides detailed discussion of the problems of the legal significance of a person belonging to a particular sex, taking into account the state of the applicable law, as well as de lege ferenda postulates. The author examines the meaning of “sex” as a legal category, the relationship between this term and the criteria determining the sex of a human‑being and the rationality of the postulate of the recognition of so‑called gender identity – i.e. the sense of belonging to a different sex than the established in register office records and biological sex – as a basis for specifying the status of a human being in register office records. The article addresses the first draft law on gender confirmation, but also broadly discusses current Supreme Court’s case law concerning the procedures and conditions for changing the entries in register office records.

16

Godność człowieka. Ujęcie prawno-filozoficzne

80%

Maj E.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2014

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nr 4

171-199

PL

Artykuł stanowi próbę odnalezienia odpowiedzi na pytanie o gwarancję poszanowania godności osoby ludzkiej w prawie pozytywnym. W trakcie analizy nawiązano do prawa naturalnego, personalizmu, moralności prawa oraz zasad obywatelskości, aby w ten sposób wyeksponować godność, jako wartość przyrodzoną człowiekowi naturalnie i pozytywnie.

EN

The article is an attempt to find answers to the question of the guarantee of respect for human dignity in statutory law. The analysis refers to natural law, personalism, morality, law and the principles of citizenship, in order to highlight the dignity inherent to man as a natural and positive value.

17

Opinia prawna w sprawie poselskiego projektu ustawy o zasadach wykonywania orzeczeń Europejskiego Trybunału Praw Człowieka

80%

Chybalski P.

Zeszyty Prawnicze BAS

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2021

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nr 2(70)

193-201

EN

In the opinion of the author certain provisions of the proposed bill raise constitutional doubts or may cause constitutional reservations, inter alia, in the light of the principle of specificity of law, the principle of separation of powers, the scope of the subject matter of parliamentary rules of regulation. Furthermore, insofar as the bill relates to the payment of compensation and redress, it appears to be burdened with a constitutional defect of the nature of the so-called legislative omission. The author of the opinion points out that the bill also lacks a number of solutions concerning the payment of compensation and redress.

18

Dylemat praw człowieka we współczesnej dyplomacji Francji

80%

Młynarski T.

Krakowskie Studia Międzynarodowe

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2013

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nr 2

73-88

EN

This article discusses, focusing on the presidency of Nicolas Sarkozy, selected aspects of France’s foreign policy in the scope of human rights promotion. Human rights are now a permanent component of international relations and democratic states’ foreign policy, moreover their promotion and protection is a matter of the international community legitimate obligation. The author take an attempt to answer following questions: What is the share of France in the promotion and protection of human rights in the world? What place in the French diplomacy human rights take? Has France finished over with the role of “African gendarme” and became a rational player in the former colonial countries? What is the role of humanitarian interventions engagement in the French African policy?

19

Dopuszczalność opodatkowania odszkodowania uzyskanego od Skarbu Państwa w świetle standardów ochronnych Europejskiej konwencji praw człowieka

80%

Cieśliński A.

Przegląd Prawa i Administracji

|

2018

|

tom 115

19-39

EN

The purpose of this paper is to analyze the legal admissibility of taxing the compensation received by a commercial company from the State Treasury which is responsible for the damage suffered by the company. Such damage may be caused by State officials in the performance of their duties, including the tax authorities. It seems completely obvious that the victim should expect full compensation. Unfortunately, such sums are classified by the Polish tax law as any other income received by the tax payer and no exception is provided, which results in an actual reduction of its value. However, it may raise serious doubts if one takes into account legal obligations under the European Convention on Human Rights and the well developed case law of the European Court of Human Rights. Even though the Convention is usually not considered to be a legal act that could protect commercial interests of business entities, one should not forget about its very important Article 1 of Protocol 1, providing protection of property also for legal persons. In this particular case, it is not the amount of tax collected that should be seen as the property that has been taken away, as under this provision domestic authorities are entitled to enforce such laws as they deem necessary to control the use of property to secure the payment of taxes. What makes it so special is this context of compensation and that is why an evaluation of the interpretation of the term “possessions” and the appropriate understanding of the essence of the taxpayer’s right is one the major topics of this paper. The biggest challenge, however, is related to the margin of appreciation left to the Contracting Parties as to the measures that might be undertaken for the sake of the abovementioned purpose, especially seeing as in the area of taxation the Court seems to be particularly tolerant. Therefore, special emphasis is put on the principle of proportionality and its meaning for the analyzed case.

20

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

80%

Schulz A. N.

Studia Prawnicze

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2012

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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.