Search results for " Human rights"
showing 10 items of 164 documents
The Central Mediterranean Route: Law Enforcement Without the Rule of Law
2017
It could be successfully argued that there is a general obligation to save lives in danger at sea and that this obligation is moral in nature. Such reasoning, however, is not the specific aim of this paper. Instead, this paper focuses on the legal obligations of the European Union (EU), its Member States, other neighbouring countries, and the EU Border and Coast Guard, towards migrants attempting the risky journey to Europe, in order to find out whether there are any legal steps that can be taken in order to help eliminate deaths in the Mediterranean. The article focuses on the main International Conventions on maritime law, international human rights law, international asylum law, the rele…
Giustizia o umanità? Come e perché le società sviluppate devono rispondere al problema migratorio
2021
The contribution aims to answer the questions indicated in the title in the context of the debate on the theories of justice. It is argued that the theoretical core of the pro- blem concerns the opposition between justice and humanity. According to the theories of domestic justice, it is possible to speak of justice in domestic contexts, while beyond the borders the relevant principle is the less demanding principle of humanity. But the opposition appears controversial both from the point of view of the political community (where there seems to be a need for elements dating back to the sense of humanity), and from the point of view of the international dimension (where the principle of huma…
Multiculturalismo liberale, neutralità e Rule of Law
2011
Most contemporary liberal theories of justice agree that principles of justice should be neutral between citizens’ conceptions of the good life. In this essay, I assume that the liberal doctrine of state neutrality can somehow be defended against its critics. y first aim is to show that a certain connection holds between liberal neutrality, suitably understood, on the one hand, and, on the other hand, the Rule of Law. By the ‘Rule of Law’ I mean, as has now become usual among legal theorists, a set of formal and institutional features the law may possess in varying degrees. These features define an ideal, which laws have traditionally been expected to live up to. It is, under many respects,…
Liberal Multiculturalism, neutrality and the Rule of Law
2011
Most contemporary liberal theories of justice agree that principles of justice should be neutral between citizens’ conceptions of the good life. In this essay, I assume that the liberal doctrine of state neutrality can somehow be defended against its critics. y first aim is to show that a certain connection holds between liberal neutrality, suitably understood, on the one hand, and, on the other hand, the Rule of Law. By the ‘Rule of Law’ I mean, as has now become usual among legal theorists, a set of formal and institutional features the law may possess in varying degrees. These features define an ideal, which laws have traditionally been expected to live up to. It is, under many respects,…
Disobbedienza civile o lotta per il diritto? Un bilancio di cinque anni di criminalizzazione del soccorso in mare
2022
this contribution traces the main stages of the process of criminalization of non-governmental organizations' search and rescue activities in the Central Mediterranea Sea, to light the paradoxes and the shadows. The theoretical framework is that of the civil disobedience and its counterpart, the obligation to obey the law. This perspective, emblematic for investigating complexity, limits and potential of the law itself, has been used because it can bring out the specificity of the positions assumed by the main players involved in the events, as well as the legal and socio-cultural consequences of their actions, by interrogating the dimensions of legality and justice.
Marxismo, giustizia sociale e garanzie dello Stato di diritto
2020
In the last decades the interest of philosophers and political scientists in Marx’s thinking is growing to recover those aspects of his theory that are believed to be still valid: above all, the aspiration to social justice. In this perspective, it is important to reflect on the relationship between the Marxian conception of the State and the law, and the totali- tarian State that arose after the Bolshevik revolution in Russia. Marx’s thesis, rejecting the Rule of Law and human rights as functional to the domination of the capitalist class, legitimised an instrumental conception of law and the model of political centralisation, which was provided for in the Leninist programme and then imple…
Права людини, мир та концепція права. Історія незавершеної юридичної революції
2019
The article examines some central questions regarding the evolution of law in the light of the presence of the practice of protecting human rights, in the domestic and in the international domains. It identifies a shift in the same practice of human rights, visible in the coming back of war as a legitimate mean, and asserts that that shift is a defective reading of the same practice of human rights, connected to the resistance of law to the challenge represented by rights.
METHODOLOGICAL PROPOSAL TO EVALUATE THE HUMAN RIGHTS APPROACH IN PUBLIC POLICIES. A CASE STUDY OF OPEN GOVERNMENT PUBLIC POLICY IN MEXICO AND ITALY
2022
La investigación parte de la premisa de que para una mayor correspondencia de los procesos de política pública con los requerimientos de la sociedad contemporánea, éstos deben desarrollarse en un entorno policontextual y policéntrico. Es decir, en escenarios en los que se propicie su apertura a los diferentes contextos sociales y la intervención de diversos actores. En atención a esto, se optó por efectuar un estudio de tipo analítico-sintético, que involucrara las variables de enfoque de derechos humanos—relacionada con el policontextualismo y policentrismo de una acción— y la de política pública—relativa a la técnica/método conforme a la cual se desarrolla de forma sistemática la acción p…
El coste de una decisión que se no quiere tomar. Observaciones acerca de la introducción del delito de tortura en el ordenamiento italiano y un esboz…
2020
After a difficult and disputed drafting, on July 5, 2017, the Italian Parliament approved the Act n. 110/2017, which introduced the crime of torture in Italy. The lack of will of Italian Parliament in promulgating the law, even though Strasbourg Court urged in several occasion to reform the law in order to avoid cases of insufficient sanctions in case of violation of art. 3 of the European Convention on Human Rights, can be explained through a redefinition of the model of legislative rationality: legislator might be considered rational when it enacts ambiguous legislative texts at the lowest electoral cost if it urged to do by the pressure of supranational jurisdictions. Finally, even thoug…
La teodicea sociale di Frédéric Bastiat
2015
In this paper, I suggest that we apply the category of “social Theodicy” to Bastiat’s political and economic thought. By this category, it is possible to see how Bastiat’s reflection is aimed to justify the presence of “social pathologies” in society against socialist theorists’ intention to completely eliminate it by politics. Bastiat’s defense of free market and human rights is based upon the refusal of the anthropological presuppositions of socialist theories according to which the presence of evil in human history does not come from human being but from the structure of society. In Bastiat’s view, by refusing God and original sin, socialist programs subordinate individuals to society an…