Search results for "Human right"
showing 10 items of 476 documents
Fight against social exclusion and poverty. The necessary ratification in spain of the revised european social charter and its additional protocol pr…
2021
El presente trabajo tiene como principal objetivo presentar la pobreza y la exclusión social como una vulneración de los derechos humanos, a través del análisis del artículo 30 de la Carta Social Europea revisada y de parte de la jurisprudencia emanada del Comité Europeo de Derechos Sociales. Dicha norma, sin ratificar aún por España, supondría un refuerzo del sistema de protección de los derechos sociales en nuestro país que pasa por una preocupante situación social, dados los alarmantes niveles de pobreza que aún persisten The main objective of this paper is to present poverty and social exclusion as a violation of human rights, through the analysis of article 30 of the revised European S…
Peace as a Priority
2012
Chapter 9 underlines how since its inception the European Union has presented itself to the world as a great “peace project”. The European project consists in creating a “community of peace and democracy” based on the conviction that peace does not emerge from dissuasion but rather out of cooperation. Europe attempts to remodel the world by realising the Kantian dream of “perpetual peace”, which is not based on the balance of military powers (or the supremacy of one of them) but rather on the universal recognition of the dignity of the human being, on the universal guarantee of human rights, and on sustainable human development, which means superseding the current neoliberal model of global…
Ecological Justice in the Anthropocene: A Proposal
2019
The power created by technoscience during the 20th century has turned human beings into global ecological agents. In the face of this challenge, unique in the history of humankind, there are three answers that have been proposed: to accelerate the process of human control over nature (technocratic paradigm); to revert the present situation to a previous stage in which nature recovers its independence from human beings (decrecentism); and to maintain the current system with some measures to solve the side effects (ecocapitalism). The technocratic paradigm does not recognize the value and limits of nature. Decrecentism ignores the duty of using technology to provide more dignified, decent lif…
Slaveries and New Slaveries: Which Role for Human Dignity?
2020
This paper aims at reflecting on the role of the notion of "human dignity" with respect to slavery and new slaveries. First of all, a very brief reflection is carried out on the different legal meanings of the notion at stake in general terms (para. 2). On this basis, some remarks are developed with specific regard to the role played by dignity concerning new slaveries in the case law of international tribunals (European and Inter-American Courts of Human Rights, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia: paras 3 and 4), particularly in the very recent case law of the European Court (para. 5) Such a role is far from being insignificant: the idea…
Antigone, today
2020
The tragedy of Antigone revolves around the theme of conflict. Both the version written by Sophocles and the one by Jean Anouilh are mainly focused on conflicts. The conflict between Antigone and Creon is real and symbolic at the same time. It is the conflict between a woman’s body and the law, between women’s and men’s conditions, between two anthropologies. It is also a conflict between two opposite ethical perspectives, and two opposite political visions. It is the conflict between the rule of individuals and the rule of laws, between non-violence and violence, social responsibility and individual egoism, and self-identification and identity. The conflict between Antigone and Creon is th…
Nowhere Home: The Waiting of Vulnerable Child Refugees
2020
In her 2012 documentary Nowhere Home, filmmaker Margreth Olin sheds light on the vulnerabilities and injurabilities of child migrants subjected to prolonged waiting. The documentary shows unaccompanied minors being offered only temporary residence and thus identifies why these irregular migrants can be characterized as ‘particularly vulnerable’ by having their childhoods put on hold. Although the concept is contested, I conceive vulnerability as based on humans’ existential precondition in terms of something bodily and enabling. Due to child refugees’ particular vulnerability, prolonged waiting can violate their inherent dignity, bodily health, life quality and human rights. Therefore, in l…
Brevi riflessioni su diritti fondamentali e diritti soggettivi
2011
Le hasard dans le droit de l'Union européenne en matière d'accès au territoire de l'Union
2019
The article explores the question of "chance" in the European Union Law in the field of the admission of third States citizens and asylum seekers to the territory of the European Union. Le hasard fait son apparition dans le droit de l'Union européenne en matière de d'accès au territoire de l'Union pour les ressortissants des pays tiers, meme pour les demandeurs d'asile ou pour les personnes en besoin de protection. Dans ce contexte, le hasard perd les caractères habituels qui lui sont reconnus par les Etats membres de l'Union pour devenir un instrument de dissuasion au service de la priorité politique de reduire les mouvements migratoires.
Il diritto di voto secondo la Corte europea dei diritti dell'uomo e secondo la Corte comunitaria
2007
By two judgments of 12 september 2006 (Kingdom of Spain v. United Kingdom and Eman, Sevinger v. College van burgemeester en wethouders van Den Haag), the Court of Justice of the European Communities found that the provisions of the EC Treaty “contain no rule defining expressly and precisely who are to be entitled to the right to vote and stand as a candidate for the European Parliament”. As a con- senquence, in the current state of community law, the definition of these persons “falls within the competence of each Member State”. The Court pointed out that in the exercise of their competence Member States may not act contrary to EC law and in particular to the principle of equal treatment or…
The Social State Based on the Rule of Law in the Europe of Rights
2012
Chapter 8 shows how the idea of the social State under the rule of law has been linked to the European Union since its inception. The founding fathers (Adenaeur, de Gasperi, Monet, Schuman) set the principles of dignity, freedom, equality and solidarity as a way of freeing European citizens from fear, misery and misfortune. Welfare is, above all, a state of justice that defines the threshold between indecency and well-being and affirms that human development is not (only) economic growth. Jacques Maritain, whose influence on the European Union is well known, proclaimed the order that contains the three principles of the social state: the primacy of the person, the priority of civil society …