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Conscientious Objection and Human Rights
To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.
From Truth and truth
We begin philosophising (cf. Fides et Ratio, 3, 30) without realising that we are philosophers; but, in time, we discover our own identity as philosophers and, at the same time, come to critically examine it. What, therefore, is the interrelationship between reason and sense; indeed, is not “sense”, subtly sensitive through reason? Questions, then, arise out of our life, our observations and from what we learn. But it is not only about being ready, well-trained or perfect in our reasoning; rather, it is about taking up the impulse and the task of seeking the truth. On the one hand, then, we can question everything and end up with nothing; but, on the other hand, there are many points of ...
Unlearning Eugenics
Since the defeat of the Nazi Third Reich and the end of its horrific eugenics policies, battles over the politics of life, sex, and death have continued and evolved. Dagmar Herzog documents how reproductive rights and disability rights, both latecomers to the postwar human rights canon, came to be seen as competing—with unexpected consequences. Bringing together the latest findings in Holocaust studies, the history of religion, and the history of sexuality in postwar—and now also postcommunist—Europe, Unlearning Eugenics shows how central the controversies over sexuality, reproduction, and disability have been to broader processes of secularization and religious renewal. Herzog also re...
EU Civil Society
This volume provides a novel and relational sociological approach to the study of EU civil society. It focuses on the interactions and interrelations between civil society actors and the forms of capital that structure the fields and sub-fields of EU civil society, through new and important empirical studies on organized EU civil society.
European Culture Wars and the Italian Case
This book aims to understand the European political debate about contentious issues, framed in terms of religious values by religious and/or secular actors in 21st century. It specifically focuses on the Italian case, which, due to its peculiar history and contemporary political landscape, is a paradigmatic case for the study of the relationships between religion and politics. In recent years, a number of controversies related to religious issues have characterised the European public debate at both the EU and the national level. The ‘affaire du foulard’ in France, the referendum on abortion in Portugal, the recognition of same-sex marriages in many Western European States, the debate ov...
National Identities and the Right to Self-Determination of Peoples
In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.
Integrated Human Rights in Practice
This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
Universality in the Interpretation of International Human Rights Treaties
This book seeks to analyze the legitimacy of the non-jurisdictional control of the United Nations Human Rights System (UNHRS) and the legal criteria that support it. The central question is: To what extent is this form of control legitimate, and what legal principles support it? The book focuses on the principle of universality of human rights, exploring how this principle interacts with the need for intercultural dialogue. The main hypothesis suggests that there is a tension between the principle of universality and non-jurisdictional control, which requires constant interpretation of norms to ensure effective oversight. The interpretation of the right to health by treaty bodies is used as a case study.
