Often legislation is based on the consensus of the majority feeling of a group of people rather than on solid philosophical and theological arguments. This frequently leads to superficial legislation with short term benefits for a group of people, but long-term misery for all. The author of this book provides us with a foundation upon which healthy legislation can be built.
ECTS Credits: 3Professor: John Kusumalayam
- Aim of the Research
- The Research Hypotheses
- Research Questions
- The Structure of the Research
- The Research Methodology
- Limitations of this Research
- Presuppositions in this research
CHAPTER 1 THE CONCEPT AND NATURE OF HUMAN RIGHTS
1.1. What do we mean by ‘Rights’?
1.1.1. Rights As ‘Claims’
1.1.2. Rights As ‘Entitlements’
1.1.3. Rights As ‘Liberties’ Or ‘Freedoms’
1.1.4. Rights As ‘Interests’
1.1.5. Rights – A ‘Holistic’ View?
1.2. What Do We Mean by ‘Human’?
1.2.1. ‘Human Being’ and ‘Human Person’
184.108.40.206. Human Being
220.127.116.11. Human Person
1.2.2. Characteristics of the Human Person
18.104.22.168. Complex Unity/Totality of Spirit and Body
22.214.171.124. A Moral Agent
126.96.36.199. Uniqueness and Equality
1.3. What Do We Mean by ‘Human Rights’?
1.3.2. Human Rights Are Moral Rights
1.3.3. Significant Features Of Human Rights
188.8.131.52. Human Rights Are Basic or Fundamental Rights
184.108.40.206. Human Rights Are Universal
220.127.116.11. Human Rights Are Indivisible
18.104.22.168.1. Division of Human Rights
22.214.171.124.2. Indivisibility of Human Rights
CHAPTER 2. EMERGENCE OF GROUP/COLLECTIVE RIGHTS
2.1. What do we mean by Group Rights?
2.1.1. Terms Used
- Can A Right Borne By A Group Be A Human Right?
- Conflict between the Rights of the Individuals Who Are Members of the Collectivity and the Collective Rights
2.2. Right-holders of the Emerging Group Rights
2.2.1. Minorities as Subjects of Rights
126.96.36.199. Definition .
188.8.131.52. ‘Minorities’ and ‘Peoples’
184.108.40.206. ‘Minorities’ and ‘Indigenous Peoples’
220.127.116.11. Protection of Minority Rights
2.2.2. Indigenous Peoples
18.104.22.168. Indigenous Peoples and ‘Peoples’
22.214.171.124. Indigenous Peoples and ‘Minorities’
126.96.36.199. Protection of the Rights of Indigenous Peoples
2.2.3. The Future Generations
- Can the Future Generations Have Rights?
- Moral Obligations toward Future Generations
2.3. Emerging Group Rights
2.3.1. The Right to Self-Determination
188.8.131.52. The Concept of ‘Self-Determination’
- Human Rights Instruments and the Right to Self-Determination
- The Right to Self-Determination, a Collective Right
- The Right to Self-Determination in Relation to Indigenous Peoples and Minorities
- The Right to Self-Determination and ‘Secession’
- The Right to Self-Determination, a Human Right
2.3.2. The Right to Development
- International Documents and the Right to Development
- The Meaning and Content of the Right to Development
- The Right to Development as a Human Right
- The Right to Development, a Collective Right
2.3.3. The Right to a Safe and Healthy Environment
184.108.40.206. The Concept and Content of the Right to a Safe and Healthy Environment
- The Term ‘Environment’
- The ‘Right’ to a Safe and Healthy Environment
- Responsibiliy to Ensure a Safe and Healthy Environment
220.127.116.11. The Right to a Safe and Healthy Environment as a Corollary Right
18.104.22.168. The Right to a Safe and Healthy Environment as a Human Right
- The Right to Environment as a Collective/Group Right
- A Collective Right of the Present Generation .
- A Collective Right of the Future Generations and Humanity as a Whole
22.214.171.124.2.1. Intergenerational Equity
126.96.36.199.2.2. Common Heritage of Mankind