Category Archives: Volume 13, no. 2 (2018)

2017 Summer Symposium (Mogens)

An Introductory Note

24/09/2018Introductory noteDemocracy, Migration, NSU, Nordic countries, Scandinavia, governance, human rightsMogens Chrom Jacobsen

Introduction to the special issue of Nordicum-Mediterraneum comprising selected proceedings from three research circles within the Nordic Summer University (NSU): Human Rights and International Relations, Understanding Migration in Nordic and Baltic Countriesand Patterns of Dysfunction in Contemporary Democracies; Impact on Human Rights and Governance. The meetings of these circles took place in Saulkrasti, Latvia, from29/7 to 2/8 2017 and in Copenhagen, Denmark, from 2/2 to 4/2 2018.

Human Rights as Part of the Human Security of Ukraine

23/09/2018Conference proceedings (multiple non-blind peer review)United Nations, human rights, human security, international law, securityMariana Barchuk-Halyk

The paper is dedicated to questions of human security, the importance of which grows in international relations, yet its legal and political meanings remain ambiguous. The human security concept is about the protection of a human being or a minority group conceived as the responsibility of the states, or the international community, when the national governments cannot guarantee this security or when they consciously violate these rights. The concept of Responsibility to Protect is connected with human security. The concept is about the state’s duty to ensure the security of a person.

Religious Belief, Human Rights, and Social Democracy: Catholic Reflections on Abortion in Iceland

22/09/2018Conference proceedings (multiple non-blind peer review)Catholic, Hobhouse, Iceland, Jonas, Mill, Social Democracy, abortion, ethics, life-value onto-axiology, religionGiorgio Baruchello

Terms such as “pro-life” and “pro-choice” evoke animated responses in the Anglophone world and can even win, or lose, major elections to political parties, candidates and movements. In the Nordic countries, however, the same terms and related responses are generally perceived as academic, at best, or as American, at worst. The issue of abortion seems to have been settled long ago in the Nordic context, both legally and, above all, socially. Does it mean that it has also been settled ethically? I argue that this is far from being the case and present an Iceland-based approach to the issue that, while leaving women’s rights and freedoms untouched, can accommodate to an extent the defence of Scandinavian-style social democracy as well as the traditional Catholic defence of human life.

Citizenship Deprivation: A Violation of Human Rights?

21/09/2018Conference proceedings (multiple non-blind peer review)citizenship, citizenship deprivation, domaine réservé, human rights, international human rights law, statelessnessLucas Cardiell

In the past few years, the issue of citizenship deprivation has risen considerably on the agenda of the international community following the recent terrorist attacks in many States. Many citizens have been deprived of their citizenship based on involvement in terrorist activities or possibly on grounds of national security. In consequence, an increasing body of legal and political discourse on citizenship deprivation has been added to the literature and the academic discussions on the topic at hand. This paper argues that despite the progress in IL/IHRL, which usually create limitations in the attribution and deprivation of citizenship, the right to citizenship falls within the domaine réservéof states. It also argues that even though there are certain legal instruments that prohibit nationality deprivation resulting in statelessness, as of the 1961 statelessness convention, the issue of nationality deprivation most likely creates a legal vacuum for individuals concerned when the acquisition of other rights is necessarily linked to citizenship.

Democracy Put to the Test of Age: A Case Study Concerning the Dysfunction of Modern Democracy

20/09/2018Conference proceedings (multiple non-blind peer review)Democracy, Work, ageing, dysfunction, eudemonism, generation, health, hedonism, inequality, role of the stateJean-Pierre Cléro

After having defined with some degree of precision the concept of a dysfunction which has a very particular meaning within politics, since a regime – be it democratic – can bring forth situations which over time will not be sustainable, we will analyse the case of the retirement pension system in which the generation at work takes care of the generation not working any more. This care meets with some particular difficulties linked to inequalities in what regards economy, politics (resulting from demography), health and social conditions. Certainly, these inequalities can be covered up for some time by a play of fictions which is partly analysed here. A situation seemingly without future considering the age pyramid is strangely enough viable in fact as certain sociological studies have shown, and we endeavour to find a clue to this fact in a dialogue between two persons, who separated by about forty years cross their points of view on how contemporary relations between generations play out. However, we are not quite sure that this play between fictions is a full substitute for the economic realities. We outline here some first steps in an area rich with contradictions, which we endeavour to illuminate by some elements of a theory of fictions.

Democracy, Human Rights and the UN-Human Rights-Based Approach

20/09/2018Conference proceedings (multiple non-blind peer review)Democracy, United Nations, human rightsEyassu Gayim

Introduction Democracy and human rights are universal aspirations and ideals which governments that claim to be legitimate should always respect. This is why the United Nations and its members commemorate December 10 as Human Rights Day and September 15 as the International Day of Democracy. While both are considered by the UN as “interdependent and … Continue reading Democracy, Human Rights and the UN-Human Rights-Based Approach →

A Note on the Origins of Human Rights: Bartolomé de las Casas and Francisco de Vitoria

19/09/2018Conference proceedings (multiple non-blind peer review)Bartolomé de las Casas, Confessional State, Conquest of America, Francisco de Vitoria, Jürgen Habermas, human rightsJulio Jensen

In the wake of the Spanish arrival in America, a controversy arose with respect to the legitimacy of the conquest and the colonial rule. This debate was started by the Dominicans in the New World, who denounced the oppression of the native population. The most renowned participants in these discussions were Bartolomé de las Casas and Francisco de Vitoria. The former received the title of “Defender of the Indians”, while the latter is remembered as a central figure in the foundation of international law. Through the debates concerning the conquest of America, one precondition – noted by Habermas – for the emergence of human rights is explored, that of resistance against state power on the basis of the egalitarian tradition belonging to Judeo-Christian thinking.

The Human Right to Freedom of Religion in the Polish Education System

18/09/2018Conference proceedings (multiple non-blind peer review)education, ethics, freedom of thought, human rights, religionMagdalena Tabernacka

Teaching religion in public schools has a significant bearing on the implementation of the individual’s right to freedom of religion and belief. Even if the state outlines a model for teaching religion that is compliant with the standards for the protection of human rights, an infringement of these rights may occur due to faulty execution of the existing provisions. The fact that a given belief system obtains the status of a majority religion does not exempt the state from its obligation to ensure the effective protection of the rights of non-believers and members of minority religions.