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Institut
- InDi - Institut für Internationale und Digitale Kommunikation (18) (entfernen)
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.
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.
This paper delves into the human right to an adequate standard of living, a fundamental principle articulated in the Universal Declaration of Human Rights (UDHR). The specific context under examination is the livelihood of artisanal Peruvian fishermen. The inquiry centers on understanding the prevailing standard of living for these individuals and exploring avenues for its optimization in harmony with both the environment and legal frameworks. In particular, this paper aims to identify and propose solutions for enhancing the living standards and working conditions of artisanal Peruvian fishermen, aligning with the principles of human rights, environmental sustainability, and legal compliance.
In recent years, a paradigm shift in environmental ethics has given rise to a groundbreaking concept granting legal rights to nature itself. As the global community grapples with escalating environmental challenges, select nations have taken unprecedented steps to acknowledge nature as a subject with inherent rights, transcending the conventional view of the environment as mere property. This term paper dives into the evolving landscape of environmental jurisprudence by exploring the inclusion of nature's rights in the constitutional frameworks of Ecuador, Bolivia, New Zealand, Colombia and India. Through a comparative analysis of these distinct cases, we unravel the diverse approaches these countries have adopted to recognize and protect the rights of nature, examining the legal, cultural, and ecological implications of this transformative concept. From the constitutional enshrinement of Pachamama's rights in Ecuador to the legal personification of the Whanganui River in New Zealand, this paper sheds light on the global movement for the rights of nature and its potential impact on environmental conservation and societal harmony.
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 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 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
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
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
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
Héctor Andrés Bombiella Medina:
Prologue
Cara-Maxine Heyd:
Affected Human Rights by the destruction of coca plantations
Maxi-Mercedes Jahn:
Glyphosat[e] 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
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
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.
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.