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This paper analyzes some of the assumptions in which the varied use of technologies to confront the spread of the COVID-19 pandemic and protect people's health has impacted on the fundamental right to the protection of personal data; to do so, it starts from the premise that the use of these technologies cannot mean an affectation to the referred fundamental right, much less an indiscriminate treatment of such data without any minimum control whatsoever.
This article aims to provide a concise yet comprehensive overview of the evolution of human rights and the Sustainable Development Goals (SDGs), tracing their historical development to the ongoing monitoring initiatives today. As we delve into the core of the discussion, a critical examination will be conducted to assess the alignment between the SDGs and human rights. The focal point will be a nuanced exploration of whether these two frameworks are in sync or if there are discernible deviations and potential conflicts of goals between them. To facilitate a more in-depth analysis, the SDGs will be systematically categorized into distinct clusters, enabling a clearer illustration of their compatibility or divergence from human rights principles. By breaking down the SDGs into specific thematic areas, we aim to shed light on both the areas where alignment is evident and those where disparities with human rights may exist. This comparative approach seeks to enhance our understanding of the interconnectedness and potential tensions between the SDGs and human rights. Moreover, the exploration will not only highlight the points of convergence but also delve into the complexities of ensuring a harmonious coexistence between these two vital frameworks. By examining the interplay of human rights principles with the diverse goals encapsulated within the SDGs, this article endeavors to contribute to a nuanced understanding of the broader implications for global development and social justice. In summary, this expanded article aspires to offer readers a more detailed exploration of the interrelationships between human rights and the Sustainable Development Goals, navigating through the clusters of SDGs to unveil areas of agreement and potential divergence. Through this analysis, we seek to foster a deeper appreciation for the complexities of aligning diverse global goals with fundamental principles of human dignity and equality.
The following article is intended to provide an initial overview about the relationship between the United Nations Sustainable Development Goals of 2015, as well as their Universal Human Rights of 1948, and catholic healthcare in the United States of America. The aim is to show why Catholicism in the US, despite its constitutional secularity, still has a major influence on ensuring adequate health care for all citizens and where religious influence conflicts with the basic principles of the SDGs and the UN's Universal Human Rights. This is done using the example of catholic hospitals and the role of Catholicism in the field of public health.
This article discusses ethics in times of pandemic crisis (COVID-19) taking into consideration the sustainability paradigm. Two related ethical approaches are discussed and contrasted. On the one hand, the relational embodied ethics of the commons is discussed in the background of the pandemic of COVID-19. On the other hand, "lifeboat ethics" is interpreted in considering the pandemic situation. The main goal of the article is to compare the two ethical approaches as a way of dealing with our shared predicament in times of a pandemic, a state of exception, and based on that, to additionally derive conclusions about their application in further crises in the Anthropocene, whereby the primacy of sustainability is presumed.
The goal of this contribution is to provide an overview of the conceptual connections between the constructs of human rights, sustainability, and democracy, emphasizing the historically significant role of human dignity. This overview serves as an overarching introduction to the students’ articles in Chapter One, which explore selected relationships between these concepts. One main assumption of this overview is that the concept of human dignity is central to the institution of human rights, and human rights are instrumental in ensuring human dignity. Another key assumption relates to democracy, which is viewed as the framework for shaping human dignity, human rights, and sustainability. This article first focuses on the relationship between sustainability and democracy. It then analyzes the links between human dignity and human rights, followed by a discussion on the connections between human dignity and sustainability, and between human rights and sustainability. Finally, it concludes with an examination of the triangle formed by human dignity, human rights, and sustainability within the context of democracy, emphasizing the crucial roles of human agency and the rights of nature. Clarifying these links is essential for future empirical research to develop specific practical recommendations for sustainability transformation, including human rights, within a democratic context.
Already more than 50 years ago, against the backdrop of the "earth science" findings of the time, voices could be heard in the legal literature expressing concern about the planet's carrying capacity, calling for consistent political rethinking and action and explicitly questioning consumer behavior and the ongoing pursuit of economic growth. The realization that the limits of environmental resources must be respected, and that growth must be shaped effectively within this framework has therefore been omnipresent not only since the "Our Common Future" report by the "World Commission on Environment and Development", or "Brundtland Commission" for short, in 1987 (United Nations General Assembly, 1987). Nevertheless, the current planetary status quo shows that the era of environmentally friendly economic development has by no means been effectively ushered in since then; on the contrary, implementation deficits or a lack of effectiveness of environmental protection measures against the excessive use of ecological resources are to be deplored. The demand for an ecological transformation of society is one of the most urgent on the political agenda and continues then as now, albeit partly with new terminology, at the level of jurisprudence: Currently, it is discussions about intertemporal freedom rights, nature's own rights and the greening of law that dominate the picture. However, the demand for ecologically oriented protection of fundamental rights is not new: the idea of protecting nature from excessive human behavior - also with a view to the generations of tomorrow and their chances of realizing a life in freedom in the future - is reflected not least in the precautionary principle, which is internationally recognized as a legal principle. Its ecological potential will be briefly explored below, culminating in an overview of constitutional tendencies towards an ecologically oriented protection of fundamental rights from a German perspective. This overview at the same time serves as an introduction for selected legal, ethical and social aspects of case studies in Latin America done by students in the context of a Human Rights interdisciplinary seminar in Wintersemester 2023/2024.
The study traces the development of compulsory vaccination in Germany against the background of political discussion and legislative activities, focusing on the area of tension between state health protection and the right to medical self-determination in the context of constitutional balancing. It is based on the assumption that the right to medical self-determination traditionally dominates state decisions in a democratic constitutional state and that the scope for decision-making is constantly being further contoured in the face of current challenges.
The achievement of sustainable development hinges on safeguarding the environment, preserving natural resources, and fostering economic growth that is intricately linked with responsible resource utilization. In simpler terms, sustainable development is contingent upon maintaining environmental sustainability. Conversely, Goal 16 of the 2030 Agenda for Sustainable Development emphasizes the need for global peace, justice, and robust institutions, aiming to uphold the rule of law and facilitate access to justice on a worldwide scale. Addressing environmental conflicts is an integral facet of environmental sustainability and a crucial component of ensuring access to justice. The escalating environmental challenges stemming from the relentless growth of the global population and the insufficient global adoption of renewable energy resources have significantly impacted the environment, leading to a corresponding surge in environmental conflicts. Given the considerable diversity in the judicial systems of nations worldwide and the often inefficacious nature of these systems, there arises a pressing need to reconsider and reconstruct effective alternative dispute resolution mechanisms, especially concerning their role in environmental conflicts. However, it is essential to acknowledge that Alternative Dispute Resolutions (ADR) come with their own set of barriers and drawbacks. This paper delves into a comprehensive examination and analysis of the role played by ADR methods in addressing environmental disputes. It assesses the effectiveness of these methods and conducts research to identify the factors that contribute to their success or failure.
Freedom of trade, occupation and profession in times of the Covid-19 pandemic in South Africa
(2022)
This paper evaluates the freedom of trade, occupation, and profession in South Africa from a Covid-19 pandemic context. It does that by focusing on the pertinent provisions and rights contained in the Constitution of the Republic of South Africa, 1996 (the Constitution) and relevant international and regional human rights instruments. It proceeds by discussing the interlinkage between (the freedom of trade, occupation, and profession and other pertinent fundamental) rights, limitation, enforcement, and interpretation of rights. This is followed by some final observations.
The challenges and opportunities of liberal democracies in promoting international value systems
(2024)
In 1948, the United Nations proclaimed the Universal Declaration of Human Rights as a guideline for the protection of human rights. Not legally binding, the declaration represents an ideal that must be promoted by those who are committed to it. Among other amendments adopted since 1948, in 1998 the General Assembly passed a declaration seeking to strengthen the responsibility and right to protect human rights. "Stressing that all members of the international community shall fulfill, jointly and separately, their solemn obligation to promote and encourage respect for human rights and fundamental freedoms for all" (UN General Assembly, 1998,) this declaration is one of the central starting points of this paper. The Universal human rights formed the basis for many subsequent international treaties and agreements, one of the most recent being the 2030 Agenda with the SDGs. The legal situation of these agreements differs greatly in terms of their binding nature and enforceability. These issues will be examined in more detail in the following parts of this publication series. However, it should be noted here that successful implementation of the written goals requires voluntary debate and implementation. In today's multicultural, international context, some countries have significantly higher financial as well as social capital to fulfill these responsibilities. Based on the assumption that many of the existing liberal democracies fulfill these criteria of higher capacities, which will be discussed again in the course of the data analysis, this paper attempts to answer the question of what special responsibilities but also what opportunities are offered in this particular position.
To begin with, the current data situation will be examined in more detail. The focus here is on the international comparison of various reference values that are relevant to the issue at hand. First, we will take a brief look at the Human Rights Index (HRI), as processed by Our World in Data, what characteristics it has in international comparison and what questions and challenges can be derived from it. We will then take a look at the 2023 Sustainable Development Report (SDR). Here, again, we will try to recognize certain patterns in the international comparison. In a second step, we will link the progress of the individual countries with the respective income level, as already shown in the SDR. In addition, we include the Democracy Index, published by The Enonomist, in our data analysis. In the final step, we use all the data to build an overall picture that allows us to see the progress of global development in our area of interest and the associated challenges. In the following step, the results of this data analysis will be combined with further research findings and the question of the responsibility of liberal democracies in an international context. The challenges but also opportunities and possible benefits of promoting human rights and SDGs will be examined in more detail. Before concluding, we will try to generalize our findings to paint a picture of the inherent resilience of human rights and SDGs.