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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 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 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.
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.
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.
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.
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.
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.
Over forty years ago, physicist and deep ecologist Capra indicated: "Ecosystems sustain themselves in a dynamic balance based on cycles and fluctuations, which are nonlinear processes. Linear enterprises, such as indefinite economic and technological growth will necessarily interfere with the natural balance and, sooner or later, will cause severe damage. Ecological awareness, then, will arise only when we combine our rational knowledge with an intuition for the nonlinear nature of our environment. Such intuitive wisdom is characteristic of traditional, non-literate cultures, [...] in which life was organized around a highly refined awareness of environment." Since then, natural ecosystems are being pushed beyond their limits with human societies confronting unprecedented challenges like climate change, species extinctions and pollution. Various approaches like ecological restoration, conservation, renewable energies and car sequestration have been deployed to tackle the global ecological crisis. Yet, a crucial element remains largely overlooked: integrating local and traditional ecological knowledge as well as indigenous perspectives with modern western science to foster environmentally sustainable solutions. This student research paper explores how the concept of traditional ecological knowledge is defined in science, law and policy literatures and what contribution place-based communities such as the artisanal fishery of Chorrillos can serve for improving cooperative environmental and natural resources management. The method applied aims to evaluate existing literature, synthesizing ideas, and critically analyzing the status quo. Subsequently, the paper will provide recommendations for integrating ecological traditional knowledge in legal frameworks and practice through sound policy aimed at sustainable development.
Coca Cultivation in Colombian Economy – Considering the 2007 US-Colombian Free Trade Agreement
(2024)
According to the overarching theme "Should something happen somewhere else that we don't want to have here?", this research paper deals with the extended question "How does the 2007 free trade agreement between Colombia and the USA affect the situation in Colombia?". Focusing on the aspect of coca cultivation this paper is framed by the question of projecting the situation in Colombia onto the situation in Germany. Universal human rights are the unifying force between Colombia in Latin America and Germany in Central Europe. Through the United Nations Declaration, these rights have universal validity regardless of national or ethnic affiliation. These rights apply to all countries of the world, including Colombia. The situation of the population regarding the economic and ethical components is illuminated on the basis of coca cultivation. Starting with the topic of coca cultivation, the challenges and interests by groups of people involved are described. The Colombian economy is then examined in order to classify the importance of this topic. The topic of the "free market" is a very relevant one, particularly regarding the economic component and can be supported by free trade agreements. This means that the domestic economy is not only restricted to its own sales market without regulation but is also largely extended to other partner countries. In terms of market liberalization, this would also be relevant for coca distribution. Thus, opening to other markets at the direct level is an export opportunity, but also at the indirect level. Exports can also be expanded via third countries. However, national governments are also responsible for this process. Therefore, this paper also explains the role of Colombian politics in coca cultivation, as it has a significant role in the cultivation and trade of the coca plant as well as in external economic relations. Furthermore, the paper attempts to construct a possible solution to improve the living situation of the people in Colombia. The factors of the economy, politics, foreign policy and the relationships between the individual actors are considered in order to arrive at a solution that is as balanced as possible, taking into account the norms of human rights.
The following collection of manuscripts emerged from an international and interdisciplinary Virtual Exchange that took place during Covid-19 Pandemic in March/April 2021 organised by Prof. Milena Valeva and Prof. Kathrin Nitschmann. Covid 19 had -and still has in parts of the world- led to severe restrictions of fundamental liberties worldwide and thus enhanced debates on ethics and human rights. This debate appeared as a common denominator connecting citizens in countries all over the world. One of the concrete consequences for students was certainly the reduction of mobility, not only in the sense of not being allowed to visit the university but also in canceling planned international exchanges. In this context, the virtual exchange offered a chance not only to overcome the still lasting restrictions on mobility but also to exchange daily life experiences of students in Covid-times, merging into restrictions and/or violation of human rights in a legal and ethical dimension. Students from Peru, Israel and Bulgaria participated in the virtual exchange, which was supported by the International Teaching Award of Trier University of Applied Sciences, within the frame of of a summer school and had the opportunity to work synchronously and asynchronously in international and interdisciplinary teams on the topic COVID-19 - ETHICAL DILEMMAS AND HUMAN RIGHTS - EXPLORING INTERNATIONAL DIMENSIONS. Colleagues from Cape Town, Peru, Spain and Israel supported the event by their professional presentations. This special issue and at the same time first issue of the JOURNAL OF INTERNATIONAL AND DIGITAL COMMUNICATION: SUSTAINABILITY PERSPECTIVES is a collection of the manuscripts of the speakers, which at the same time reflects the diversity of the topics discussed and the international perspectives. Since this is a compilation of manuscripts, the authors were responsible for the scientific formulation of the texts.
Content:
Letlhokwa George Mpedi: "Freedom of trade, occupation and profession in times of the COVID-19 pandemic in South Africa"
Larissa Glidja-Yao: "Impact of COVID-19 on company & insolvency law: An overview of Luxemburgish responses"
Kathrin Nitschmann: "On the development of compulsory vaccation in Germany in the interplay between general health protection and individual self-determination - a never-ending story?"
Diego Zegarra Valdivia: "The use of technological tools in the fight against COVID-19 & its implications on the fundamental right to the protection of personal data - an approach"
José Joaquín Fernández Alles: "Human rights in the new pact on migration on [and] asylum of European Union: An open society or closed society"
Milena Valeva & Yotam Lurie: "Spinning ethical plates in times of pandemic and sustainability"
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.
Rights for Nature in Germany
(2024)
In the last decades, the development of the rights of nature has become a significant issue in various parts of the world. This emerging approach views nature not only as a resource for human use, but as a value in its own right that must be protected and respected. Over the last years the discussion about a rights for nature have also increased in Germany. This paper takes a look at the current state of the debate on natural rights in Germany. The first part gives an overview about the current status of natural rights all over the world. The second part deals with the rights of nature in Germany and how these have developed in recent years, for example through the citizens' initiative in Bavaria, which addresses the rights of nature and makes them the subject of a referendum. The third part deals with the decision of the Federal Constitutional Court. This decision in March 2021 on the issue of climate protection marked a significant milestone in the context of the global climate crisis and finally the class action lawsuit.
The following collection of manuscripts emerged from an interdisciplinary virtual exchange held during the Winter semester of 2023/2024 at the Environmental Campus Birkenfeld, organized by Prof. Dr. Milena Valeva and Prof. Dr. Kathrin Nitschmann. Additionally, Prof. Dr. Héctor Bombiella Medina, a lecturer of anthropology in the Department of World Languages and Cultures at Iowa State University, contributed to the virtual exchange and supervised case studies 3 and 4, bringing his extensive experience in this field and facilitating the international exchange. Within the elective module on Human Rights, students from the Bachelor's programs "Nonprofit and NGO Management" and "Environmental and Business Law," as well as the Master's program "Energy and Corporate Law," explored the interconnections between human rights and sustainability.
In an era marked by unprecedented environmental challenges and profound social transformations, the intersection of human rights and the rights of nature has emerged as a critical area of inquiry and debate. Today, as we face the dual crises of climate change and biodiversity loss, the traditional boundaries between human and environmental rights are increasingly blurred. This confluence demands a fresh, interdisciplinary approach to understanding and addressing the complex and interrelated issues at hand. Human rights, fundamental to the dignity and freedom of individuals, are deeply impacted by environmental degradation. Communities worldwide are experiencing firsthand the devastating effects of polluted air, contaminated water, and deforested landscapes, all of which undermine basic human rights to health, livelihood, and well-being. Conversely, recognizing the rights of nature — the intrinsic value of ecosystems and species — challenges us to reconsider our legal, ethical, and philosophical frameworks. It calls for a paradigm shift from a view to one that embraces the interconnectedness of all life forms. Engaging in robust discussions and research on these topics is essential in today's context. By exploring interdisciplinary perspectives, we can forge innovative solutions that honor both the rights of individuals and the integrity of nature. This special issue aims to contribute to this vital discourse, providing insights and fostering dialogue on how we can collectively navigate the complex landscape of human rights and environmental sustainability.
The first chapter „Human rights and SDGs in the context of democracy“ examines the significance of international human rights in today's context and links them to new value systems like sustainability. The second chapter, the case study „Rights of Nature“ explores the concept of granting legal rights to nature itself by comparing laws from various countries to show how it combats environmental exploitation. The third chapter, the case study „Traditional coca leaf consumption and drug trafficking in Colombia“ delves into the complex issues surrounding coca cultivation in Colombia, highlighting its economic, social, and political impacts. The fourth chapter, the case study „The artisanal fishing community of Chorrillos, Peru“ aims to provide theoretical insights and recommendations for improving the livelihoods of artisanal fishing communities in Peru, considering legal, ethical, and environmental perspectives as well as how economic liberalization, privatization, and deregulation affect the community's socio-economic conditions.
Content:
Chapter 1 - Conceptual: Human rights and SDGs in the context of democracy
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Milena Valeva: "From Human Dignity and Human Rights to Sustainability within the context of Democracy"
Yannick Sebastian Wagner: "The relationship between the SDGs, human rights, and Catholicism in the United States, on health-related issues"
Christine Wetter: "Comparison of Human Rights and Sustainable Development Goals"
Jacob Mayer: "The challenges and opportunities of liberal democracies in promoting international value systems"
Pauline Nicolay: "Effective conflict resolution through ADRs: opportunities, challenges and applications in different contexts"
Chapter 2 - Case Study: Rights of Nature
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Kathrin Nitschmann: "Ecology and the protection of fundamental rights: status quo and development potential in the light of the precautionary principle"
Johannes Hagemann: "Decoding the Environmental Crisis: A Historical Analysis of Human-Nature Relationships"
Sahar Mallak: "Rights for Nature in selected states"
Nergiz Dogan: "Rights for Nature in Germany"
Chapter 3 - Case Study: Traditional coca leaf consumption and drug trafficking in Colombia
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Héctor Andrés Bombiella Medina: "Prologue"
Cara-Maxine Heyd: "Should something happen somewhere else that we don't want here?" ["Affected Human Rights by the destruction of coca plantations"]
Maxi-Mercedes Jahn: "Glyphosate use in line with the peace policy Colombia"
Daniel Förster: "Coca Cultivation in Colombian Economy – Considering the 2007 US-Colombian Free Trade Agreement"
Chapter 4 - Case Study: The artisanal fishing community of Chorrillos Peru
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Dorothea Hensing: "Artisanal fisheries in circumstances with political framework and comanagement"
Nina Giordano: "Traditional ecological knowledge – a key element of sustainable development"
Yasmin Krami: "Strategy to promote the Human Right to an adequate standard of living for Peruvian artisanal fishers according to Article 25 of the Universal Declaration of Human Rights"