InDi - Institut für Internationale und Digitale Kommunikation
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This paper is structured into two parts, which are closely related: first, the analysis of the parlamentary and governmental measures against the covid-19 pandemic; and second, the future regulatory framework about freedom of movement and other rights in the European area, according to the new European pact on migration and asylum.
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.
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.
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.
Covid-19 outbreak had a huge impact on the economy worldwide as businesses had to close or cease their activities due to the lockdown regulations. The “luckiest” firms were able to operate but under restricted conditions. In order to avoid what certain authors called “bankruptcy epidemic” European countries took economic and fiscal measures to help companies compensate their financial losses. In addition to Government Grants, emergency legislations have been adopted with the aim to adapt insolvency and restructuring procedures to the sanitary situation and specific rules relating to company Law have also been implemented. This paper deals with the measures taken by the state of Luxembourg and gives a brief overview of the legal amendments.
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 paper, written by Maxi-Mercedes Jahn, is in particular about the use of glyphosate as the unique pesticide product provided for aerial aspersion. She discusses the forced eradication of more than 800 thousand hectares of coca in Colombia in 10 years, between 2012 and 2022, while discussing the reasons behind an increase in cultivation during this period. Circumstances may be dynamic, but the lack of state presence and for an effective land distribution have been some of the determinants to this problem. In 2019, drug trafficking revenues reached 31 billion of Colombian pesos, or 2.9 percent of the GDP. The business has remained healthy and thriving. Yet, the glyphosate supporters remain firm. Literature review reveals a lack of significant scientific debate on the efficacy of glyphosate as the best method for eradicating coca plantations. The use of glyphosate raises not only environmental concerns but also geopolitical issues, affecting conflict resolution and peacebuilding attempts. Coca cultivation is a viable business, it offers benefits such as more frequent harvests and reliable markets, enabling farmers to improve their income and living conditions in a relatively short term. Unlike other crops, coca does not require formal and legal export market. For example, while 14 kilos of Chontaduro (palm tree fruit) earn about 30 thousand Colombian pesos, a kilo of coca paste can cost 2 million pesos. This disparity highlights why substitution schemes are ineffective when drug revenues far exceed legal alternatives. The author’s insights into these often-overlooked factors contribute significantly to the discussion. She also addresses the Colombia-FARC peace agreement, which included comprehensive crop substitution policies, but progress has been minimal. It can even be said that increase in coca cultivation directly correlates with unmet agreement commitments. As well as other issues that are highlighted in the paper. The author notes that cartels have developed new methods to produce more cocaine with fewer plants, complicating government efforts. It also discusses the impact of technological advancements and the political complexities behind eradication policies. Back to the glyphosate issue, which it thorough in the paper, it mentioned that glyphosate negatively impacts that are usually not reported in mainstream media, like destroying soil organisms such as bacteria, fungi, and mycorrhizae, which are crucial for soil health and fertility. Farmers have reported adverse effects from glyphosate, including skin irritations that lead to permanent scars and vision problems. Reports also indicate that some farmers were mistakenly targeted during glyphosate applications, leading to the loss of their crops and livelihoods. This discussion underscores how the use of glyphosate, while intended for public health purposes, infringes on human rights and affects the lives of those in the impacted areas. Finally, the author makes a really interesting survey through the German Basic Law referring a few lessons for the Colombian case. The constitution orders the state to protect natural resources and life through prevention of harm, defense against threats, and risk assessment. The author highlights the balloon effect, linking deforestation, cattle ranching, coca production, violence, and displacement. More interestingly, she describes how glyphosate use exacerbates soil exhaustion and raises agricultural costs due to increased fertilizer and pesticide use. Additionally, she provides compelling information stating that spraying one hectare of coca can cost more than 50 thousand Colombian pesos, suggesting deeper issues, such as the influence of glyphosate producers in the overall transaction. The author concludes that broader goals of social justice, environmental stewardship, and sustainable rural development are needed. However, the discussion leaves unresolved questions about the environmental impact of glyphosate use. It emphasizes that the relationship between communities and their environment is complex, involving diverse, interdependent processes that go beyond the immediate effects of eradication efforts.
With her paper "Artisanal fisheries in circumstances with political framework and co-management" Dorothea Hensing discusses the high productivity of pelagic fish in the Humboldt Current Large Marine Ecosystem (HCLME) and how it is impacted by factors such as acidification and oxygen depletion due to global warming. This ecosystem, rich in marine life, faces significant challenges exacerbated by extreme weather events like El Niño and La Niña, profoundly impact the livelihoods of artisanal fishermen, creating economic instability. Despite these adversities, artisanal fisheries remain crucial contributors to Peru‘s GDP. However, their sustainability and financial stability are compromised by various factors, including the lack of institutional support and the prevalence of informal practices within the industry. Informality permeates aspects such as labor relations and vessel construction, consequently affecting workers' rights, their financial stability and rendering them vulnerable. Fishing communities, such as the one in Chorillos, are complex socio-ecological systems reliant on social capital, but they are susceptible to external influences. Political dimensions further complicate the scenario, necessitating the establishment of effective co-management mechanisms, artisanal fisheries' inclusion in decision-making processes, a comprehensive understanding of ecosystem threats, and policy reforms to address informality. The author demonstrates the importance of strengthening governance and decision-making processes to address institutional flaws and protect the marine ecosystems and livelihoods of artisanal fishermen in Peru.
In the article, Cara-Maxine Heyd examines the complex relationship between USA war on drug policies and their impact on human rights for Colombia. It reflects on today’s relevance of the Universal Declaration of Human Rights (1948) as a framework for identifying and defining human rights. The article briefly addresses the use of glyphosate against coca plantations and the Colombia-U.S. Free Trade Agreement. It presents data on the historical growth of coca plantations and describes the affected social groups and regions, including peasant communities and deforested areas. She examines how various strategies to control coca cultivation, including aerial spraying with glyphosate, have impacted human rights, particularly the right to adequate living conditions. The use of glyphosate has affected over 100 thousand hectares, impacting numerous social groups, including landless peasants, indigenous peoples, and displaced communities by the internal conflict. The negative effects extend beyond health and livelihood, exacerbated by the illegality and social stigma associated with coca cultivation, which complicates institutional responses. Subsequently, the author explores how several human rights are impacted by eradication schemes related to coca cultivation. For the right to work, peasant growers, as the initial link in the cocaine value chain, face significant challenges. Government plans should focus on creating alternative job opportunities and supporting transitions to other products, including setting minimum wages and providing basic access to institutional benefits. Similarly, the right to food is compromised as new generations of peasants, born during the coca boom, have neglected traditional farming practices, leading to a loss of traditional agricultural practices and techniques agricultural. For the right to health and human dignity, glyphosate use exacerbates health issues and impacts non-coca crops, affecting food sovereignty and security. The author notes that glyphosate, classified as “possibly carcinogenic” by the World Health Organization, has been controversially used due to political rather than scientific evidence, which could trigger a humanitarian crisis. Lastly, the right to cultural life is affected by the marginalization of traditional coca use, which holds significant traditional and spiritual value in the Andean region. Traditional practices must be aligned to modern policies. This article also discusses the German constitutional right to a minimum subsistence level, which is consistent with human dignity. She explains the rationality behind this assimilation and provides context, also demonstrating how doctrine development and research conducted in different geographies can enhance the rights’ scope of protection. Therefore, coca peasants should be acknowledged as victims? The author response to this question from the decent standard of living perspective, offering an interesting approach to this communities’ situation. The author’s literature review and institutional sources detail the ambiguous legal status of coca globally and critique the reward-based system. She left several open windows to continue the investigation about where this situation is taking Colombia and the International community.
When we want to understand why the laws of nature and nature itself are currently in such bad condition, we need to look at our way of seeing the world. When we want to stop the rapid deforestation, climate change, mass extinction, and other catastrophic impacts we have on our environment, we need to figure out at what time and why they started. There are fundamental differences between an anthropocentric worldview, where humans are above all other species, and an animist worldview, where humans are a part of nature. Due to people acting accordingly to their perception of the world, we need to understand why these perceptions differentiate so much and why people from the imperial core, respectively, the exploiting countries, think in a hierarchical pattern. Our disconnectedness from nature has reached a shocking extent. People living in big cities see nothing but concrete and cars; the plants they have in their homes are made out of plastic; and the only time they see animals is when they go to a zoo, where they are crammed in little enclosures and alienated from their natural habitat. Children growing up these days spend more time watching ads on TV or social media than they spend in nature. No wonder that many people know more brands than tree species, despite the fact that just one of those two keeps them alive. It is high time to question this development and to ask ourselves how we ended up here. Interestingly, there are still elements of a human-nature relationship visible in our modern capitalist society. Some people see their dog or cat as part of the family and talk to them; others care for plants as well as they do for their own children. And even in movies, a world is a portrait where the birds talk to the people and plants are alive. Therefore, the idea of nature being alive rather than just some material resource still prevails in our subconscious and in our fantasy to this day. The first part of this paper portrays our current perspective on nature and how it developed. From Plato’s Allegory of the Cave to the scientific revolution initiated by Francis Bacon and the dualism founded by Descartes, many theories influenced our perception of the world. The term Anthropocene is widespread, but it is rarely discussed or narrowed down when used. It will be discussed and elaborated on how the rise of capitalism is related to the accelerating exploitation of nature. The second part is about defining animism, the initial view of humans as a part of nature, which is still prevalent in indigenous culture. Cartesian dualism will be challenged, and other philosophical theories will be examined. The concept and theory of ecological feminism are going to be introduced, and the underlying analyses will be conducted in the context of animism. Our perception of nature will be debunked, and strong advocacy will be made for a more sustainable human-nature relationship.