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Book part
Publication date: 23 April 2021

Anne-Marie Gingras

Purpose: This chapter examines how two basic rights, freedom of expression, and the right to equality based on one’s dignity, reputation, and honor, were balanced in a…

Abstract

Purpose: This chapter examines how two basic rights, freedom of expression, and the right to equality based on one’s dignity, reputation, and honor, were balanced in a case involving a stand-up comedian and an adolescent suffering from Treacher Collins syndrome. Methodology/Approach: The case is contrasted with Jürgen Habermas’ concept of the public sphere and with the intrinsic and utilitarian values that Canadian courts have attributed to free speech. Findings: Because the case was dealt with first in a human rights tribunal and then by a court of appeal, a number of considerations were overlooked in court proceedings: how laughter occurs; the broadening of Ward’s audience and its consequences; and Ward’s publicity strategy. These aspects are explored here to give a more complete picture of the case beyond the court decisions. Originality/Value: In Canada, freedom of expression is usually dealt with ordinary courts. A whole new avenue for dealing with this right is human rights bodies and tribunals. Contesting free speech in the name of defamation is being replaced by rights entrenched in human rights charters, such as the right to equality based on the preservation of one’s dignity, reputation, and honor.

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Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

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Book part
Publication date: 23 April 2021

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Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

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Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 March 1992

John Conway O'Brien

A collection of essays by a social economist seeking to balanceeconomics as a science of means with the values deemed necessary toman′s finding the good life and society…

Abstract

A collection of essays by a social economist seeking to balance economics as a science of means with the values deemed necessary to man′s finding the good life and society enduring as a civilized instrumentality. Looks for authority to great men of the past and to today′s moral philosopher: man is an ethical animal. The 13 essays are: 1. Evolutionary Economics: The End of It All? which challenges the view that Darwinism destroyed belief in a universe of purpose and design; 2. Schmoller′s Political Economy: Its Psychic, Moral and Legal Foundations, which centres on the belief that time‐honoured ethical values prevail in an economy formed by ties of common sentiment, ideas, customs and laws; 3. Adam Smith by Gustav von Schmoller – Schmoller rejects Smith′s natural law and sees him as simply spreading the message of Calvinism; 4. Pierre‐Joseph Proudhon, Socialist – Karl Marx, Communist: A Comparison; 5. Marxism and the Instauration of Man, which raises the question for Marx: is the flowering of the new man in Communist society the ultimate end to the dialectical movement of history?; 6. Ethical Progress and Economic Growth in Western Civilization; 7. Ethical Principles in American Society: An Appraisal; 8. The Ugent Need for a Consensus on Moral Values, which focuses on the real dangers inherent in there being no consensus on moral values; 9. Human Resources and the Good Society – man is not to be treated as an economic resource; man′s moral and material wellbeing is the goal; 10. The Social Economist on the Modern Dilemma: Ethical Dwarfs and Nuclear Giants, which argues that it is imperative to distinguish good from evil and to act accordingly: existentialism, situation ethics and evolutionary ethics savour of nihilism; 11. Ethical Principles: The Economist′s Quandary, which is the difficulty of balancing the claims of disinterested science and of the urge to better the human condition; 12. The Role of Government in the Advancement of Cultural Values, which discusses censorship and the funding of art against the background of the US Helms Amendment; 13. Man at the Crossroads draws earlier themes together; the author makes the case for rejecting determinism and the “operant conditioning” of the Skinner school in favour of the moral progress of autonomous man through adherence to traditional ethical values.

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International Journal of Social Economics, vol. 19 no. 3/4/5
Type: Research Article
ISSN: 0306-8293

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Book part
Publication date: 18 November 2019

Hoda Mahmoudi

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Interdisciplinary Perspectives on Human Dignity and Human Rights
Type: Book
ISBN: 978-1-78973-821-6

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From Human to Post Human Security in Latin America: Examples and Reflections from Across the Region
Type: Book
ISBN: 978-1-80071-253-9

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Article
Publication date: 1 March 2008

Elaine Cass

CSCI's market research revealed that people want their ‘dignity, individuality and privacy’ preserved when using public services. WwOP has previously explored the issue of…

Abstract

CSCI's market research revealed that people want their ‘dignity, individuality and privacy’ preserved when using public services. WwOP has previously explored the issue of ‘dignity’ (11.3, June 2007) and, given its emergence as a basic human right within the health and social care agenda, we return to the subject as Elaine Cass discusses the progress being made among social care and health workers to instil ‘dignity’ at the heart of services' cultures.

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Working with Older People, vol. 12 no. 1
Type: Research Article
ISSN: 1366-3666

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Article
Publication date: 11 August 2020

Riin Alatalu

The purpose of this paper is to discuss the reasons why the human rights-based approach should be used in the preservation of cultural heritage.

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100

Abstract

Purpose

The purpose of this paper is to discuss the reasons why the human rights-based approach should be used in the preservation of cultural heritage.

Design/methodology/approach

The article is a combination of an essay and illustrative case studies. The thesis is based on experience in heritage protection on national and international level and the discussions of the “Heritage and Human Rights” training in Estonia 1.-6.05.2019.

Findings

Cultural heritage is the common good regardless of its ownership. The protection of something, especially in living environments, includes compromises in the rights of one or another counterpart. Restrictions are often ground for conflicts that can be settled with good communication, but sometimes just communication is not enough. In these cases, human rights-based approaches enable to identify the problems, scale the rights of different stakeholders and thus enable discussion to reach consensus.

Practical implications

The research is useful for heritage conservationists, policy makers and urban planners with regards to management and implementation of human rights-based approach and community involvement in heritage protection on World Heritage, national and local levels.

Originality/value

The research is a part of a series of discussions, trainings and project reports of the Our Common DignityRights Based Approaches (OCD-RBA) working group of the International Council on Monuments and Sites (ICOMOS) and contributes to the follow-up activities worldwide.

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Journal of Cultural Heritage Management and Sustainable Development, vol. 11 no. 2
Type: Research Article
ISSN: 2044-1266

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Article
Publication date: 1 June 2005

Lennart Nordenfelt and Andrew Edgar

This paper presents the theoretical model of dignity that has been created within the Dignity and Older Europeans (DOE) Project. The model consists of four kinds of dignity

Abstract

This paper presents the theoretical model of dignity that has been created within the Dignity and Older Europeans (DOE) Project. The model consists of four kinds of dignity: the dignity of merit; the dignity of moral stature; the dignity of identity; and Menschenwurde.1) The dignity of merit depends on social rank and formal positions in life. There are many species of this kind of dignity and it is very unevenly distributed among human beings. The dignity of merit exists in degrees and it can come and go.2) The dignity of moral stature is the result of the moral deeds of the subject; likewise it can be reduced or lost through his or her immoral deeds. This kind of dignity is tied to the idea of a dignified character and of dignity as a virtue. The dignity of moral stature is a dignity of degree and it is also unevenly distributed among humans.3) The dignity of identity is tied to the integrity of the subject's body and mind, and in many instances, although not always, dependent on the subject's self‐image. This dignity can come and go as a result of the deeds of fellow human beings and also as a result of changes in the subject's body and mind.4) Menschenwurde is the universal dignity that pertains to all human beings to the same extent and cannot be lost as long as the person exists.

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Quality in Ageing and Older Adults, vol. 6 no. 1
Type: Research Article
ISSN: 1471-7794

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Book part
Publication date: 24 August 2005

Susumu Nakayama

Human dignity is perceived dually, as active dignity when people dare in pursuit of a life worth to live, and as passive dignity because they are human beings. A human is…

Abstract

Human dignity is perceived dually, as active dignity when people dare in pursuit of a life worth to live, and as passive dignity because they are human beings. A human is regarded as “a being interrelated with”, not as an individual, in Japan. Person, human rights, body, and life are in reality supports of human dignity. Traditional Japanese could compensate for such ignorance of the essential concepts in their own ways. One must live in between “a being interrelated with” and an individual, being aware of one's own responsibility. Here lies the basis of human dignity.

Details

Taking Life and Death Seriously - Bioethics from Japan
Type: Book
ISBN: 978-0-76231-206-1

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