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In defence of Helsinki and human rights
A Plomer
South African Journal of Bioethics and Law , 2012,
Abstract: The Declaration of Helsinki (DoH) is widely recognised as the leading authoritative source on ethical standards of medical research worldwide. Yet, in the past decade, different sources have questioned the authority of the DoH and its compliance with human rights, and argued for its replacement with UNESCO’s Universal Declaration on Bioethics and Human Rights . This paper argues that the tensions and alleged conflicts between Helsinki and human rights instruments are overstated, and that the latest version of the DoH is an important complement to human rights instruments in protecting the rights of disadvantaged populations and participants in biomedical research.
Human Rights and American Traditions  [PDF]
Alexandru Boboc-Cojocaru
International Journal of Social Science and Humanity , 2013, DOI: 10.7763/ijssh.2013.v3.226
Abstract: Since the beginning, the United States has recognized and respected the rights of individuals. Besides serving as custodian of a rich historical and political tradition on human rights, the United States has contributed greatly to the crystallization of International human rights legislation through the establishment of the United Nations Organization and the development of the United Nations Charter. From my perspective, the real dilemma faced by the United States has included so far the issue of solving specific problems related to human rights, the way in which human rights considerations combine with other factors of foreign policy and the way of creating a sustainable public consensus in support of their policy on the realm of human rights. In my opinion it is unlikely that these efforts should ever be entirely solved successfully. That’s why, in this paper, I try to analyze the correlation between moral and pragmatic components of the U.S. policy on human rights in the last 40 years.
Businesses’ human rights responsibilities
Corinne Lewis
Forced Migration Review , 2012,
Abstract: There is no international human rights law standard that expresslyprohibits businesses’ arbitrary displacement of persons. Businessesdo, however, have the responsibility to avoid infringements of humanrights that could lead to displacement and also to take actions toremedy their human rights violations that might lead to displacement.
IMPACT OF PATENT SYSTEM ON HUMAN RIGHTS  [PDF]
MALLIKARJUN ARALAPPA
Golden Research Thoughts , 2012, DOI: 10.9780/22315063
Abstract: Human rights and patent rights are, to a large extent, fields of law that have evolved independently. On the one hand, patent rights consist of statutorily recognized rights, which provide incentives for the participation of the private sector in certain fields and seek to contribute to technological development. Patents are near monopoly rights. This monopoly is offered by society in return for certain concessions such as information disclosure and a limited duration of the rights granted. On the other hand, human rights are fundamental rights, which are recognized by the state but are inherent rights linked to human dignity. Different kinds of links between patent rights and human rights can be identified.
Dignity, Human Rights, and Democracy  [PDF]
Ernesto Garzon Valdes
Rationality, Markets and Morals , 2009,
Abstract: In order to analyze what can plausibly be said about the relationship between dignity, human rights, and democracy, I will propose a basic assumption about human dignity (I) and then formulate five theses concerning the justification of democracy (II) which will allow me to conclude (III) that only when human rights are constitutionally established and effectively implemented democracy can be theoretically and practically justified as a political means to guarantee human dignity.
Human Rights in Islamic Law
Abdel Wadoud Moustafa Moursi El-Seoudi
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.683.688
Abstract: Undeniably, the Universal Declaration of Human Rights Charter adopted by the United Nations in December, 1948 is a great step forward in the history of United Nations in respect human rights issue. However, the rights enumerated therein characterized by deficiencies in conceptualization, flaws in formulation and injustices in application. Being subject to political agendas, economic pressure and culturally biased viewpoints, they often serve the interests of certain organizations and powerful special interest groups. As such, they carry the residues of colonialism and imperialism. This is clear from the ongoing suppression and atrocities inflicted on poor and weak nations without any effective measures being taken by these organizations for their defense and protection. Double standard is applied when it comes to the violation of human rights. Weak states are vigorously pursued whereas powerful are blatantly exempted from prosecution. Islam as a divine and universal guidance lies a comprehensive framework of values that embodies universal human rights which is free of bias and deal with the abuser of the human rights equally regardless the race, religion and color factors, hence provides a universal criterion for human rights. Therefore, this study attempts to analyze the issue of human rights from an Islamic perspective in the light of the purposes of the law and delineate the mechanism for their protection. Using both descriptive and analytical methods the research concludes that Islam provides a comprehensive and practical mechanism for protection of human rights which is just and of universal application, hence is the pioneer of human rights.
Human dignity, bioethics, and human rights  [cached]
Audrey Chapman
Amsterdam Law Forum , 2011,
Abstract: Commitment to human dignity is a widely shared value. Human dignity also serves as the grounding for human rights. In recent years, protection of human dignity has also emerged as a central criterion for the evaluation of controversial technologies, like cloning and embryonic stem cells. This article addresses the question as to whether human dignity is or could be a useful concept for bioethics and human rights. It begins with a discussion of the under-conceptualisation of human dignity. The next two sections identify the diversity in conceptual approaches to human dignity in bioethics and human rights. The following section considers some of the problems with using human dignity as an evaluative standard. The article then proposes initial developmental steps to enable the concept to be applied in a more precise and meaningful way, based on Martha Nussbauma€ s capabilities approach.
The Deterritorialization of Human Rights  [cached]
Virgil Ciomos
Journal for the Study of Religions and Ideologies , 2010,
Abstract: The jurisdiction of Human Rights finds itself in a paradoxical situation for, on the one hand, these rights are affirmed as universal and, on the other, they emerged from within the boundaries of certain determinate states. That is why Western modernity is marked by a tension between the primary, determined territory proper to the emergence of human right and their universal, world calling. With regard to this tension the present study focuses on several key issues in our times: the deterritorialization of human rights and their progressive personalization; the redefinition of public space as the very interiorization of this deterritorialization; the “export” of certain national interests through manu military deterritorialization of the human rights but also of terrorism which, as the author of the present study argues, is actually the universalization of both terrorism and of its reverse – the creation of military bases “outside” any national jurisdiction.
The Forgotten Rights - the Case for the Legal Enforcement of Socio-Economic Rights in the UK National Law  [cached]
Asha P. James
Opticon1826 , 2007, DOI: 10.5334/opt.020702
Abstract: Socio-economic rights relate to an individual’s social, economic and cultural entitlements. The International Covenant on Economic, Social and Cultural Rights 1966 enumerates the following socio-economic rights: Right to work; Right to Social Security and social insurance; Right to an adequate standard of living including adequate food, clothing, housing and to continuous improvement of the standard of living; Right to health; and Right to education. In contrast, The International Covenant of Civil and Political Rights enumerates the individual entitlements in the political and civil sphere of life – entitlement to respect for life; fair trial; private and family life; freedom of thought, conscience and religion; freedom of expression among others; many of which have been incorporated in the Human Rights Act in the United Kingdom.
Human Rights in Iranian Juridical Approach
Alireza Najafinejad,Zaid. B. Ahmad,Jayum. A. Jawan
Cross-Cultural Communication , 2010, DOI: 10.3968/977
Abstract: There have been different and sometimes conflicting viewpoints regarding Human Rights in Iran from the years after the revolution so far. New and enlightening views have been publicized regarding the relation between Human Rights, Islam, Iran, and the Constitution in recent years including fundamentalists, religious modernists and secular modernists. They have different interpretations on Human Rights based on their positions. This article explains their opinions and differences in interpreting relation between religion and human rights. Keywords: Human Rights; Juridical; Traditionalists; Reformists; Seculars
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