The purpose of this inquiry is to point to some unclearities and contradictions inside the framework of the Charter of Fundamental Rights of the European Union. This inquiry is based on the philosophical analysis of some basic concepts employed in the Charter of Fundamental Rights. The four concepts ( dignity, freedoms, equality and solidarity ) which are presented in the preamble of the Charter as “indivisible and universal values” will be analyzed. On the other hand, the definition and (...) the scope of rights guaranteed by these values will also be examined. It will be argued that those values reflect modernist political liberalism and its universalist and metaphysical assumptions. (shrink)

The concepts of freedom, equality and solidarity are known as the three core demands of the French Revolution and are still central to modern societies. A reconstruction of these concepts cannot be done in a linear way, and a closer examination shows that they are often ambiguous. Keeping this in mind, it is important to distinguish between positive and negative liberty or that equality can refer to different aspects. For example, there is the concept of equality in distribution, in procedures (...) also a concept of egalitarian results. Moreover, the idea of solidarity seems to be complex as it can occur in social communities on the one hand or in a contractual manner in trade unions or based on insurance law on the other hand. Although these three concepts were criticized and transformed throughout history, the demand for freedom, equality and solidarity is still present today. (shrink)

(Introduction) Dignity is regarded today as a fundamental, or even the most fundamental, value across legal systems, at both international and national levels. It seems to be one of the values which provide a common axiological basis for different constitutional traditions across Europe (de Lange 2007: esp. 3-6). Moreover, taking account of its prominent place in the law of the United Nations, human dignity is one of the values on which the international community rests. The expression “human dignity” belongs to (...) the vocabulary of the “common language” of the international community and constitutionalism at a domestic level. The common understanding of this expression is paramount. One of the crucial questions, and one that will lie at the heart of our considerations, pertains to the foundations of human dignity. Europe is facing an essential change in understanding of the foundations of dignity, and this seems to be happening unnoticed. At the core of this change lies an abandonment of recognition of the inherent character of dignity, which is among the crucial elements of a universal paradigm for understanding human rights (Piechowiak 1999). This paradigm is based on the international law of human rights established in the framework of the United Nations after the Second World War, and – it should be added – in the face of the terrible experiences of two world wars. The considerations here serve to explain some of the consequences of this change for the understanding of human rights, especially their claim to be universal. It is argued that recognition of the inherency of dignity is interrelated and interdependent with recognition of the universality and equality of dignity, and – in consequence – with recognition of the universality and equality of human rights. The exclusion of inherency from the qualities of dignity recognized by law results in a rejection of the universality and equality of dignity and rights, or at least in fundamental changes in the understanding of universality and equality (cf. Piechowiak 2012). (shrink)

The euro crisis has hit “Europe” (the European Union, or EU) at its root. Economic harshness, social unrest and political turmoil betray a deeper problem: a weak pan-European sense of belonging — a common political identity thanks to which European citizens may regard each other as equals, and therefore as deserving of recognition, trust, and solidarity. This paper explores interculturalism from an analogical perspective, looking at the harmonious interplay between human rights and cultural plurality, as a (...) possible source of trust and solidarity among European citizens. Only a common — even if analogical — political identity, whereby European citizens regard each other, if not as “siblings” at least as “cousins,” can make the sacrifices required to overcome the crisis meaningful — and therefore less unlikely to happen. (shrink)

For several decades, the international community has criticized Turkey for failing to uphold the human rights and freedoms of its citizens and for not realizing the principles of non-discrimination and equality within its borders. As Turkey’s European Union candidacy proceeds, religious groups such as the Alevis claim to face discrimination and violations of their human rights and freedoms by the Turkish state. The Justice and Development Party debated the Alevis’ problems and structured the Alevi Initiative, which conducted relevant (...) workshops and discussions. Alevi arguments regarding their places of worship and the state’s religious education policy were identified as their main challenges. Alevis argued that the state’s policies on religious education and places of worship discriminated against them and violated their human rights. Through several human rights law cases before domestic and international tribunals, Alevis requested fulfillment, protection, and assurance of their human rights and freedoms. Several court decisions agreed that Alevis’ human rights and freedoms were being violated. However, the challenges and demands of Alevis still persist, as they contend that they have not succeeded in gaining the human rights and freedoms as required in contemporary Turkey under the JDP government. (shrink)

“Human dignity is inviolable. It must be respected and protected.” What is the status of this proposition? Is human dignity inviolable? Statements on human dignity are closely intertwined with philosophical, anthropological and legal issues – and with the obligations, possibilities and limits of philosophy. Why a plea for human dignity? There are two reasons at least: (i) human dignity is violated, (ii) there are heated debates on exactly what “human dignity“ means. Accordingly, the elements of a normative theory of the (...) state and legal rights are discussed in order to explain what rights and the state should be and can be. After an exposition of the plurality of competing definitions and a short archeology of the concept of human dignity, the author defends the following thesis: Only the conceptualization of human dignity as a principle, concept and norm of positive law allows an appropriate understanding of what should be protected by the guarantee of dignity: i.e. the freedom and equality of everyone who is a human being. (shrink)

The purpose of the present contribution is to explore how the ECJ seeks to respect the principles underpinning national welfare systems, notably social solidarity, whilst ensuring that Member States comply with the substantive law of the European Union, in particular with the Treaty provisions on the fundamental freedoms and EU citizenship. It is submitted that in order to reconcile those two interests the ECJ has taken the view that nationals of the host Member State must show a certain (...) degree of financial solidarity with the nationals of other Member States who have established a ‘genuine or real link’ with the society of that State. With a view to establishing the existence of such a link, national authorities of the host Member State must engage in a case-by-case assessment of the personal circumstances of the EU citizen claiming social benefits. However, Förster is an important exception to the individual application of the ‘genuine or real link’ test. Although Förster does not overrule Bidar as a matter of principle, it exempts the host Member State from examining the personal situation of economically inactive students who apply for maintenance grants or student loans but have not yet completed a five-year period of residence. (shrink)

With the rise of populism, European solidarity risks being eroded by a clash of solidarities based on nation and religion. Ranging from hospitality to hostility, ‘refugees welcome’ to ‘close the borders’, asylum seekers from Syria and other war-torn countries test the very ideas upon which the EU was founded: human rights, tolerance and the free movement of people. European solidarity is not only rooted in philosophical ideas of equality and freedom but also in the memory of nationalism, war (...) and violence. The response to refugees seeking asylum into Europe cannot only be resolved by appealing to emotions, moral sentiments and a politics of pity. Disenchantment with government, fear of terrorism and resentment towards foreigners weaken European solidarity at a time when it is needed most. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a means (...) of reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is it, why is it important, and what is its relationship to human rights and social justice? Pablo Gilabert offers a systematic defence of the view that human dignity is the moral heart of justice. In Human Dignity and Human Rights (OUP 2019), he advanced an account of human dignity for the context of human rights discourse, which covers (...) the most urgent, basic claims of dignity. This book extends the dignitarian approach to more ambitious claims of maximal dignity of the kind encoded in democratic socialist conceptions of social justice. In particular, this book focuses on the just organization of working practices. It recasts in a dignitarian format the critique of capitalist society as involving exploitation, alienation, and domination of workers, and revamps a neglected but inspiring socialist principle. In its dignitarian interpretation, the Abilities/Needs Principle (‘From each according to their ability, to each according to their needs!’) yields reasonable and feasible requirements on social cooperation geared to empowering each human being to lead a flourishing life. While Human Dignity and Human Rights offered the first systematic philosophical account of human dignity in human rights discourse, Human Dignity and Social Justice presents the first systematic application of the dignitarian framework to the core ideals of democratic socialism. (shrink)

At the intersection of modern cultural and political history, security studies and debates about freedom of expression and international human-rights law, this article aims to contribute to a better understanding of political cartooning and its implications in multicultural societies of Europe, which have shifted in a geographical, cultural, normative, communicational, political and many other respects through the last two centuries. Through comparison of the Serbian cartoons from late nineteenth-century Croatia and the recent Danish cartoons of the Prophet Mohammad, the article (...) reveals that both modern and postmodern European cartoons have been centred around equally discriminatory narratives: a 'clash of civilizations' and 'racialization of religion'. Since open racial stereotyping in cartoons became illegal in the postmodern international regulations, traditional discriminatory practices of cartooning have shifted towards subtle, 'liquid' racism. This decodes some of the twelve Danish cartoons as ambiguous strategies of racialization of Muslim immigrants in Europe but also as hate speech which is illegal in the European Union, and member states of the Council of Europe. The author concludes that the most current European and international regulations of hate speech, whether concerning offline media or online media, actually protect free speech. While a truly clear-cut regulation of liquid racism might remain problematic in Europe due to the lack of a universally accepted definition of hate speech, neither strict legal regulations nor different definitions of hate speech could diminish the role of political cartooning as a viable free speech platform in the multicultural landscape of Europe. Ultimately, what diminishes its viability is the enduring lack of diversity in the creation of visual satire, which could and should reflect the multicultural reality of communities, politics and societies in Europe. (shrink)

This inquiry investigates the concept of European values and cultural, philosophical, legal and political presuppositions on which the idea of European values is based. There are two approaches to the idea of European values. The first one is substantive approach. The substantive approach defines European values as based on the European heritage. This conception of European values is fixed. Another understanding of European values is represented by legal/political approach. Legal and political definition of (...) European values includes: human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Most authors consider that only from this second level, from legal and political definition, general features of European values can be achieved, that is, universal rules of the game. This paper shows how these two different approaches can be integrated, relying on John Rawls's idea of overlapping consensus. It should be emphasized that the question of European values and European identity is still a topic of debate. There are different definitions and interpretations of these concepts, regardless of the legal definitions within the framework of European declarations and treaties. European identity is a polyphonic category, which cannot be founded on monolithic definitions. Otherwise, the entire continent would fall under the rule of one homogeneous culture. (shrink)

Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...) uznanie godności za przyrodzoną (inherent – „nieoddzielalną), powszechną, równą i za źródło wszystkich praw człowieka, był dotąd w systemach prawnych powszechnie akceptowany. Obejmował on elementy prawnonaturalne, które po doświadczeniach z dwudziestowiecznymi systemami totalitarnymi i systemami – mówiąc słowami Gustawa Radbrucha – „ustawowego bezprawia”, uważane były za pożądane, nie tylko w prawie międzynarodowym. Przy bliższym przyjrzeniu się najważniejszym postanowieniom prawa europejskiego dotyczącym godności i podstaw praw człowieka okazuje się, że paradygmat uniwersalny został radykalnie zakwestionowany – w miejsce ugruntowania praw człowieka w czymś obiektywnym, przyjęto ich ugruntowanie w kulturze. (shrink)

Solidarity is a fundamental social value in many European countries, though its precise practical and theoretical meaning is disputed. In a health care context, I agree with European writers who take solidarity normatively to mean roughly equal access to effective health care for all. That is, solidarity includes a sense of justice. Given that, I will argue that precision medicine represents a potential weakening of solidarity, albeit not a unique weakening. Precision medicine includes 150 targeted cancer therapies (mostly (...) for metastatic cancer), all of which are extraordinarily expensive. Our critical question: Must a commitment to solidarity as defined mean that all these targeted cancer therapies should be guaranteed to all within each country in the European Union, no matter the cost, no matter the degree of effectiveness? Such a commitment would imply that cancer was ethically special, rightfully commandeering unlimited resources. That in itself would undermine solidarity. I offer multiple examples of how current and future dissemination of these targeted cancer drugs threaten a commitment to solidarity. An alternative is to fund more cancer prevention efforts. However, that too proves a threat to solidarity. Solidarity, with or without a sense of justice, is too abstract a notion to address these challenges. Further, we need to accept that we can only hope to achieve “rough justice” and “supple solidarity.” The precise practical meaning of these notions needs to be worked out through a fair and inclusive process of rational democratic deliberation, which is the real and practical foundation of just solidarity. (shrink)

I outline the current debate over the European Union democratic deficit in terms of differing methodological approaches towards the realization of freedom and basic rights to political participation. Federalists opt for a model of freedom as noninterference and autonomous self-determination by proposing to tie basic rights in the EU to a univocal form of European-wide popular sovereignty. Although skeptics argue that the EU lacks the fundamental basis for such European-wide democratic self-determination, they ultimately defend a similar (...) view of freedom as noninterference with their appeal to the collective will of the member states. Democratic revisionists instead point to the novel democratic potential of institutions in the EU such as the Open Method of Coordination for mediating overlapping sovereignties. I conclude using the example of basic rights to effective participation for immigrants and minorities to illustrate the strengths of the revisionist view over views that appeal to the principle of subsidiarity. (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, is (...) determined by the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law. The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status (...) of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity found its way into international law. Article 1 of the Universal Declaration of Human Rights states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept. (shrink)

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence (...) of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership. (shrink)

Is the idea of Europe outdated? The concept of European unity, the animating spirit of the European Union, seems increasingly fragile in the face of far-right populist movements. In Locating Europe, Rodolphe Gasché attempts to answer the question of how to think about Europe. Is it a figure, a concept, or an idea? Is there anything still compelling and urgent about the idea of Europe? By looking at phenomenologist and postphenomenological thinkers in the second half of the (...) 20th century, Gasché reveals that Europe is more than just one geographical and cultural entity. The idea of Europe is based on common foundations: a distinctive conception of reason, of self-criticism, of responsibility, freedom, equality, human rights, and democracy, and it is these foundations that are under threat. In Locating Europe: A Figure, a Concept, an Idea? Gasché engages the philosophy of Hans-Georg Gadamer, Karl Jaspers, Karl Löwith, and others, focuses on the most significant philosophical representations of Europe, and explores the potential, and especially the limits, of the notion of Europe. (shrink)

This article investigates one of the major problems of modern political philosophy – the problem of justice in its fundamentally important methodological measurement in the Context of Ukraine. It’s consistently shown that justice belongs to a prominent place among the moral and social values: particularly its people owe to each other, because it is the scale, which measured freedom, equality and human rights.For this purpose it is analyzed the relationship and difference of methodological changes in grasping the concept of justice (...) in the works of K-O-Apel, J.Habermas, O.Höffe, R.Forst. It was found that Habermas interprets a new essence of solidarity and justice as normative principles of a democratic state where the requirement of respect for the dignity of each based on the acceptance of the inviolability of his body, life and property. It is proved that O.Höffe draws attention to the need of fundamental changes in the understanding of social justice, emphasizing the pre-modern, paternalistic sense of distributive models. Іn the writings of R.Frost social justice gain a political dimension, just as political or social relationship can exist only in case of their full justification, respect for human dignity. In the latest theories of justice is said that the victim of injustice is firstly the one who is ignored both in the process of manufacturing and distribution of public goods. To conclude: only the justice of exchange permits us to solve the immediate, practical dilemma: should one hand over a part of one’s freedom to social, state, authoritative structures, or be independent of them and be unable to resort to their assistance in case of emergency. People, perforce, mutually abandon part of their freedom as legal agents in order to enjoy their right for freedom. If this abandonment is universal, such exchange may be considered just. By insisting that everything individual is also social because it requires and is embedded into social context, R.Forst presents intersubjectivity as a fundamental dimension of human existence that shows itself in our ability to self-determination, i.e. freedom, but within the limits of human community. Also his point is that our obligations are no less rooted in our existence than our rights, and law has no priority over good and depends on moral good as a defining factor of justice. (shrink)

This paper develops a new feminist paradigm for global justice that includes several components. I deploy a non-ideal ethics approach based on an argumentabout what principle of justice is possible to act on, given a historical and intersectional feminist analysis of what kind of feminist coalitions are possible in the present period. I claim that the time is ripe for a new progressive feminist Solidarity paradigm of justice that supersedes the classical liberal debates between Libertarian Freedom paradigm and the Social (...) Democrat Equality paradigm of Justice. I outline the antiglobalization economic and political networks coming into existence, as evidenced by networks of worker-owned cooperatives, labor unions, fair trade commitments, squatter and other land reform movements. Such movements are creating the material conditions in which North-South women’s coalition movements, based not on essentialist but on transformational identities, can unite around various issues of global gender justice, including reproductive rights, environmental justice, and the feminization of poverty. (shrink)

The remarkable movement known as Solidarity recently celebrated its twenty-fifth anniversary in Poland. This essay provides a theoretical appreciation of the values and principles that guided and undergirded the movement, which greatly contributed to the fall of communism in Central and Eastern Europe. This systematic overview of the ethic of the Solidarity movement fills a lacuna in the field of ethics because ethicists who are interested in the concept of solidarity have largely overlooked the Polish experience of the 1980s. This (...) essay attempts to describe the key ingredients of the Polish ethic of solidarity by analyzing both Polish treatises on the subject and accounts of events on the ground. It elaborates conceptual categories and describes characteristic features of the movement in order to provide a phenomenological account of the nature of solidarity embodied in Poland during this era. These categories and characteristics include unity among differences, the foundation of hope at the movement's roots, self-sacrifice and heroism, promoting the equality and dignity of all, the centrality of participation, the affirmation of "bread and freedom," an option for the poor, and the insistence on life in truth. Although this essay does not attempt to demonstrate the relevance of this "thick" ethic of solidarity to capitalist, democratic societies today, by way of conclusion it raises questions pertaining to the contemporary significance of the Polish ethic of solidarity. (shrink)

Jacques Delors (1925–2023) was the most influential Europeanist of our time. The close relationship between ideas and pragmatism characterized his social, cultural, and political commitment from his years of militancy in the Confédération Française des Travailleurs Chrétiens and La Vie Nouvelle to his leadership of the European Commission (1985–1995). He pragmatically relaunched the European integration process, especially in the period between the Single European Act (1986) and the Maastricht Treaty (1992), without failing to uphold the values of (...) solidarity, equality, and social justice. He demonstrated a pragmatic approach as soon as he took office at the European Commission and the completion of the Single Market ‘by 1992’ became a concrete goal. He applied Jean Monnet’s theory of the spillover effect to create a virtuous mechanism in the progress of the European design, as demonstrated by the realization of the Economic and Monetary Union– real prelude of the single currency. However, after the birth of the European Union, he called for a federating mechanism to make up for the impotence of intergovernmental cooperation; the ‘new European concert’ was to merge into a ‘Federation of nation-states’ that could be realized through the advantages of the ‘federal approach’ and the preservation of nation-states. (shrink)

This paper examines conflicts of rights and competing interests in the context of the British equalities framework. The expansion of the grounds of European Union and domestic discrimination law beyond the traditional categories of race and sex to also include disability, sexual orientation, gender identity, religion or belief and age has made this an important issue. In addition, the increasing recognition of ‘equality’ and ‘non-discrimination’ as important rights raises the spectre of conflict with other human rights such as (...) the right to freedom of expression. This is potentially a vast area for analysis. This paper is a selective treatment of some of the main issues. It sets out these issues and some general principles for reform as a first step in developing a principled approach to conflicts in equality law and policy. (shrink)

Frederick Douglass (1817?–1875) is a monumental American figure. As a runaway slave and leading black thinker, speaker, and writer in the abolitionist movement and during Reconstruction and its tragic collapse, his legacy in American history is singular. His ideals and scorching criticisms have marked American political thought about democracy, religion, race, racism, liberty, and equality. American political parties claim him, especially the Republican Party, with which he has an early connection and which has used his figure as cover for their (...) less than egalitarian projects, as do different ideological camps. One can find accounts of Douglass as an existentialist, revolutionary, proto-libertarian, liberal, civic republican thinker. His North Star continues to guide those who welcome its light, although it may lead them down different political-ideological paths.In all of this, one can imagine that those not familiar with the details of Douglass’s narratives and deeds might, in the context of all of that national hagiography, lose track of the fact that he was a black man. Frederick Douglass was a black man born into slavery, survived that brutal regime for twenty-one years, and then escaped and became a principal leader of the American abolition movement and leading black political thinker. Shortly after escaping slavery, he wrote his first famous autobiography, The Narrative of the Life of Frederick Douglass, and subsequently two more, in addition to volumes of speeches, articles, and a novel. It is as if his monumentality, like marble, alabaster, or bronze—the stuff of civic memorials—would obscure that irreducible fact in its grand monotones.Nick Brommell’s The Powers of Dignity: The Black Political Philosophy of Frederick Douglass reminds readers that that irreducible fact is a nontrivial, essential element of Douglass’s life and work. Bromell argues that this includes the political theory, a product of Douglass’s black political philosophy that runs through it all. He contends that Douglass argued for an inclusive conception of personhood and active citizenship, which America’s founding public philosophy, distorted by white supremacy, purposefully did not. Its elements include a defense of the moral personhood of blacks and their full and equal citizenship and a view of political community enlivened by group solidarities and active citizenship in defense of justice.In the course of his analysis, Bromell, a literary theorist, draws on an assortment of contemporary philosophical, rhetorical, and political theories, all of which have a critical theoretical bent, to explicate Douglass’s ideas. This method bears fruit in an instructive analysis of the rhetorical structure of Douglass’ his arguments. Brommell’s analysis of Douglass’s My Bondage and My Freedom usefully explains how it stands out, not only in terms of updated autobiographical details, but also style and analytical and argumentative intent. This is a reading that other scholars have pioneered, but his rhetorical analysis fleshes out, for example, the role of moral sentiments, care, and intimate and social relations in Douglass’s narrative.A central feature of Bromell’s analysis is that Douglass employs what he and others call a “fugitive rhetoric” that comprises an emphasis on the perspective of his and other black Americans’ standpoints, the holding of opposite ideas in tension, and the use of the rhetorical technique “chiasmus,” where a statement is repeated in reverse order in successive phrases or clauses. It is an illuminating analysis, but Bromell goes further by claiming that Douglass was committed to the tenets of contemporary standpoint epistemology. Douglass certainly referenced and employed his experience and viewpoint as a black man and former slave in his work, just as he directly addressed the viewpoints and interests of black Americans. However, whether this means that Douglass was committed to the set of ideas that we now call standpoint epistemology is another matter. This concern applies to Bromell’s reading of Douglass’s method of holding seemingly contrasting ideas in tension and his use of chiasmus. Contemporary philosophical theories of chiasmus carry particular metaphysical and epistemological implications, and those theories might shed light on Douglass’s political projects. However, their incidental utility does not mean they definitively describe Douglass’s intent or public philosophy. This is a specifically important point because those theories lead to subjective conceptions of truth, especially relating to ethics and politics, while Douglass, as Bromell recognizes, repeatedly and emphatically endorsed what he took to be universal normative truths.In the same vein, Bromell makes several additional claims regarding the conceptual distinctiveness of Douglass’s view of power, dignity, rights, and citizenship. Douglass employed conceptions of each and other important ideas specific to his style, approach, and ends. As other black political thinkers did before him, he used these concepts to condemn slavery, racism, and the hypocrisy of American Republicanism and Christianity to assert the equal moral personhood and dignity of blacks and demand equal rights and citizenship. Bromell rightly emphasizes the role of “power,“ as an individual capability, in Douglass’s view of natural rights, moral dignity, and citizenship. It is an emphasis that is in keeping with both Douglass’s personal narrative and his national political projects. Douglass did not think that Americans—that Black Americans or abolitionists—should passively wait for deliverance from either God or national political leadership. Likewise, Bromell is correct to push back on reductions of Douglass’s views to Lockean, Rousseauian, or Kantian interpretations. Douglass is more than an incarnation of standard deontological, liberal, or civic republican philosophy. As a nineteenth-century black radical thinker, he stood in relation and contributed to those moral and political philosophical traditions. However, Bromell’s claim that Douglass’s conceptions of power, natural rights, and citizenship are conceptually distinct from the large host of major philosophical, theological, and political theoretical accounts that preceded him and influenced those ideas in his time is suggestive but not decisive.Like other writers and theorists before him, Bromell offers us another Douglass—as a black critical political theorist. This is a testament to the fecundity of Douglass’s black political-philosophical legacy. It is a legacy that leads to competing interpretations of him; all the same and for all their differences, his scorching prophetic vision of liberty, equality, citizenship, and progress unites them all. (shrink)

Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity can (...) be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered. (shrink)

rgen Habermas' response to the European Union democratic deficit calls for a minimal threshold of democratic legislation through an explicit constitutional founding. He defends a model of freedom as autonomous self-determination by proposing to tie basic rights in the EU to a univocal form of European-wide popular sovereignty. Instead of constructing a common European political identity, I appeal to the novel democratic potential of institutions in the EU such as the Open Method of Coordination for mediating (...) overlapping sovereignties in accord with freedom as non-domination. The concluding example of basic rights to effective participation for immigrants and permanent minorities illustrates the strengths of Iris Young's and James Bohman's republican views of non-domination over Habermas' call for a European-wide collective willing. Key Words: James Bohman • democratic deficit • European Union • freedom • Jurgen Habermas • non-domination • Open Method of Coordination • republicanism • sovereignty • Iris Young. (shrink)

The state subvention and distribution of health care not only jeopardize the financial sustainability of the state, but also restrict without a conclusive rational basis the freedom of patients to decide how much health care and of what quality is worth what price. The dominant biopolitics of European health care supports a healthcare monopoly in the hands of the state and the medical profession, which health care should be opened to the patient’s authority to deal directly for better basic (...) health care. In a world where it is impossible for all to receive equal access to the best of basic health care, one must critically examine the plausible scope of the authority of the state to limit access to better basic health care. Classical distributive justice affords a basis for re-examining the current European ideology of equality, human dignity, and solidarity that supports healthcare systems with unsustainable egalitarian concerns. (shrink)

Most regard toleration as an unattractive fallback position of compromise and so tend to overlook it in favor of such active concepts as freedom, equality, and justice. Fotion and Elfstrom argue that toleration offers us the useful possibility of responding to a difficult situation with a degree of flexibility not possible with the dichotomous concepts of good-bad, right-wrong, ethical-unethical, Right-Left. Tolerating saturates ordinary human life and infuses public discussions of religion, morality, and politics. It forms a major strand in the (...) history of Western European thought. Yet the word “toleration” and similar terms are rarely used. Unnoticed and unremarked, they are like the air that surrounds us, vitally important yet invisible. The authors seek to address this oversight in several ways. They begin with a thorough conceptual analysis of toleration and its kindred concepts. They are convinced that an appreciation of the importance of the family of toleration concepts must be founded on an understanding of the various ways in which they function in our language and our lives. In addition, they examine the historical development of the concept of toleration and canvass the major arguments people have employed either to urge toleration or to disparage it. They examine the role of toleration in liberal political philosophy and respond to the major critics of liberal toleration. The authors also discuss a number of factors that cause toleration to be overlooked in political debate and personal reflection and offer evidence to support the view that this omission is unfortunate. In particular, they argue that toleration has the crucial role of helping people live with one another with respect and dignity in the fractious and contentious world we inhabit. With the rise of racism and other forms of religious, political, and social intolerance, people on all sides of the present debates concerning multi-culturalism and diversity will benefit from this timely and lucidly argued philosophical discussion of the concepts of toleration and its possible application in a less-than-perfect world. (shrink)

The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market. Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is (...) a substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU. According to article 49 from TFEU, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union, which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU. (shrink)

Resumen El mundo globalizado actualmente ofrece innumerables beneficios para la humanidad, debido al desarrollo tecnológico, la comunicación, el intercambio entre economías, culturas y credos, la reducción de distancias, entre otros factores. Pero no existe un acceso real de todas las personas a los recursos de este mundo, ni un reconocimiento del valor de la otredad. Tensiones, conflictos y guerras marcan la actual era de globalización, excluyendo a gran parte de la humanidad del derecho de vivir en libertad, igualdad y dignidad. (...) Este artículo analiza cómo la encíclica Fratelli tutti propone la hospitalidad, la ciudadanía y la fraternidad como fundamentales para superar ambigüedades y contradicciones en un mundo globalizado. A partir del método de análisis cualitativo, exploramos los conceptos de hospitalidad, ciudadanía y fraternidad en la encíclica social, en conversación con otra literatura. La conclusión es que sólo en el horizonte de la fraternidad se superan aquellas ambigüedades y contradicciones para lo cual urge la práctica de la hospitalidad y la ciudadanía, proveiendo a todas las personas del derecho a habitar este mundo. Hospitalidad y ciudadanía, entonces, son esenciales para la globalización de la solidaridad y para la construcción de un mundo de fratelli tutti. Abstract The current globalized world enables countless benefits for humanity, through technological development, communication, exchange between economies, cultures and creeds, the reduction of distances, among other factors. But there is no real access by all people to the resources of this world, or recognition of the value of otherness. Tensions, conflicts and wars mark the current era of globalization, excluding a large portion of humanity from the right to live with freedom, equality and dignity. This article analyzes how the encyclical Fratelli tutti proposes hospitality, citizenship and fraternity as fundamental to overcoming ambiguities and contradictions in a globalized world. The method is a qualitative analysis of the concepts of hospitality, citizenship and fraternity in Fratelli tutti, in relation to similar studies. The conclusion is that it is only on the horizon of fraternity that the existing contradictions in today's humanity can be overcome. For this, the practice of hospitality and citizenship is urgent, giving all people the right to inhabit this world. Thus, hospitality and citizenship are essential for the globalization of solidarity and the construction of a world of fratelli tutti. (shrink)

This seventeen issue of DIALOGO [2023] is dedicated to the multi-theme `Freedom, Human Rights, Global Crises, Solidarity & Values ` - addressing several actual issues with a central focus on human rights, seen in our society nowadays concerning globalization amid global crises that occurred in the latest years, and beyond towards a holistic approach of private vs universal values. Finally, DIALOGO collates several articles relating to the empirical measurement of religion and health—an increasingly important area of research. We start our (...) endeavor with the inquiry, “What can we do to preserve human rights and values amid social changes?”. (shrink)

The article analyzes the features of three main models of the welfare state: German, Northern European, and Anglo-Saxon. The author turns to the analysis of these models, first, because the problem of the welfare state in the world is again coming to the fore, and secondly, because social development in the most developed countries, in the author’s opinion, in the future will be largely determined by the values and behavioral models that are embedded in the three main versions of (...) the social state in Europe. From the author’s point of view, the key features of the European social model, which combines these three versions, are respect for rights and human dignity, the ideas of equality and solidarity, the ideas of social and political compromise, and the choice of an evolutionary path of development. According to the author, these features are the main difference between the European model and what characterizes the political culture of Russia with its maximalism and tendency to extremes. The author believes that the social experience of Europe is something that needs to be addressed today in Russian conditions and that can be extremely valuable for us. At the same time, as shown in the article, the welfare state in Europe has important country features. The German model is characterized by an emphasis on maintaining the socio-economic status of the individual – this is a conservative model. The Northern European model is based on the principles of universal equality and universalism – it is a social-democratic model. And the Anglo-Saxon model, based on the low role of the state, on the great importance of civil society, is a liberal model. Nevertheless, despite significant differences, as shown in the article, all these models are characterized by the desire to implement compromise principles, to find a “Golden mean,” which makes them highly effective. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as (...) an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

This paper tackles the current challenges to private sector unionism in the United States in light of Catholic social teaching (CST). The focus of the study is unionism in the private sector where the fall-off in membership is observed. CST is contained in a wide variety of official documents of the Catholic Church, in particular papal encyclicals, which present ethical norms for economic life in response to the changing realities of the modern world. The study begins with an analysis of (...) the concrete situation: the causes of decline in union membership. It is followed by an ethical reflection on CST’s perspectives and exploration of practices, strategies, and policies that can help reverse the ongoing trend of union decline and revitalize the labor movement in the country. The paper argues that unions are good in themselves as an expression of the workers’ right to associate and instrumentally good as they invoke such values as the dignity of work, solidarity, subsidiarity, common good, and economic equality. While it has been proven that workers and society as a whole gain material benefits from effective unionization, focus on intangible benefits and moral principles offered by CST may give labor organizing a new impetus and inspiration. (shrink)

In The Future of Human Nature, Jürgen Habermas raises the question of whether the embryonic genetic diagnosis and genetic modification threatens the foundations of the species ethics that underlies current understandings of morality. While morality, in the normative sense, is based on moral interactions enabling communicative action, justification, and reciprocal respect, the reification involved in the new technologies may preclude individuals to uphold a sense of the undisposability of human life and the inviolability of human beings that is necessary for (...) their own identity as well as for reciprocal relations. Engaging with liberal bioethics and Catholic approaches to bioethics, the article clarifies how Habermas’ position offers a radical critique of liberal autonomy while maintaining its postmetaphysical stance. The essay argues that Habermas’ approach may guide the question of rights of future generations regarding germline gene editing. But it calls for a different turn in the conversation between philosophy and theology, namely one that emphasizes the necessary attention to rights violations and injustices as a common, postmetaphysical starting point for critical theory and critical theology alike. In 2001, Jürgen Habermas published a short book on questions of biomedicine that took many by surprise.[1] To some of his students, the turn to a substantive position invoking the need to comment on a species ethics rather than outlining a public moral framework was seen as the departure from the “path of deontological virtue,”[2] and at the same time a departure from postmetaphysical reason. Habermas’ motivation to address the developments in biomedicine had certainly been sparked by the intense debate in Germany, the European Union, and internationally on human cloning, pre-implantation genetic diagnosis, embryonic stem cell research, and human enhancement. He turned to a strand of critical theory that had been pushed to the background by the younger Frankfurt School in favor of cultural theory and social critique, even though it had been an important element of its initial working programs. The relationship of instrumental reason and critical theory, examined, among others, by Max Horkheimer, Theodor W. Adorno, and Herbert Marcuse and taken up in Habermas’ own Knowledge and Interest and Theory of Communicative Action became ever-more actual with the development of the life sciences, human genome analysis, and genetic engineering of human offspring. Today, some of the fictional scenarios discussed at the end of the last century as “science fiction” have become reality: in 2018, the first “germline gene-edited” children were born in China.[3] Furthermore, the UK’s permission to create so-called “three-parent” children may create a legal and political pathway to hereditary germline interventions summarized under the name of “gene editing.”In this article, I want to explore Habermas’ “substantial” argument in the hope that philosophy and theology become allies in their struggle against an ever-more reifying lifeworld, which may create a “moral void” that would, at least from today’s perspective, be “unbearable”, and for upholding the conditions of human dignity, freedom, and justice. I will contextualize Habermas’ concerns in the broader discourse of bioethics, because only by doing this, his concerns are rescued from some misinterpretations.[1] Jürgen Habermas, The Future of Human Nature.[2] Ibid., 125, fn. 58. 8[3] Up to the present, no scientific publication of the exact procedure exists, but it is known that the scientist, Jiankui He, circumvented the existing national regulatory framework and may have misled the prospective parents about existing alternatives and the unprecedented nature of his conduct. Yuanwu Ma, Lianfeng Zhang, and Chuan Qin, "The First Genetically Gene‐Edited Babies: It's “Irresponsible and Too Early”," Animal Models and Experimental Medicine ; Matthias Braun, Meacham, Darian, "The Trust Game: Crispr for Human Germline Editing Unsettles Scientists and Society," EMBO reports 20, no. 2. (shrink)

European citizenship is a nested membership in a multilevel polity that operates at member state and union levels. A normative theory of supranational citizenship will necessarily be informed by the EU as the only present case and will be addressed to the EU in most of its prescriptions, but should still develop a model sufficiently general to potentially apply to other regional unions as well. The Article first describes three basic characteristics of such a polity — democratic representation (...) at the supranational level, internal freedom of movement between member states, and regional limits to external geographic expansion — and argues that a multiplication of such regional unions would contribute to a more just and peaceful international order. Building on this modification of Kant’s model for a global confederation of republics, the contribution explores three alternative approaches for strengthening democratic citizenship in the European Union: a statist approach that aims at transforming the EU into a federal state, a unionist approach whose goal is to strengthen union citizenship vis-a`-vis member state nationality, and a pluralist one that specifies citizenship norms for each level and balances them with each other on the basis of the current state of federal integration. These approaches are then compared with regard to their implications for three policy questions: general status differences and inequality of rights amongst EU citizens living in their country of nationality, EU citizens residing in other member states, third-country nationals, and EU citizens residing outside the territory of the Union; voting rights in European, national, and local elections; and access to Union citizenship and to member state nationality. (shrink)

The concept of dignity is widely used in society, particularly in reference to human rights law and bioethics. Several conceptions of dignity are identified, falling broadly within two categories: full inherent dignity (FID) and non-inherent dignity (NID). FID is a quality belonging equally to every being with full moral status, including all members of the human natural kind; it is permanent, unconditional, indivisible and inviolable. Those beings with FID ought to be treated deferentially by others by virtue of their belonging (...) to a noble caste. FID grounds fundamental human rights, such as the rights to freedom and equality.The concept of dignity forms a network of interconnected ideas related to worth and value particularly within legal and ethical discourse; it is a rich and meaningful concept, irreducible to one or two quasi-legal principles. Fundamentally, dignity matters because it forms the foundation of civilized society; without it, serious abuse of people is more likely to occur. (shrink)

The Court of Justice of the European Union (CJEU) has had the opportunity to address the sensitive matter of the wearing of the Islamic headscarf in the workplace in two preliminary rulings. The result of these decisions implies that the wearing of this veil at work is, in general, neither proscribed nor always justified as a legitimate expression of religious beliefs. However, the law studied and applied deals exclusively with discrimination in the workplace on religious grounds. Nonetheless, the (...) Islamic headscarf is only worn by (some) Muslim women (never by men). This article reviews the EU legislation and policy on equality, intersectionality and multiple discrimination to verify that gender mainstreaming does not reach the work of the Court. Only the inclusion of a feminist perspective to the application of justice, with a clear methodology, can guarantee that gender does not disappear in cases of complex discrimination. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as an explicit (...) moral diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (shrink)

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)

The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human rights practice. Second, it gives a moral defense (...) of these rights arguing that their support involves an appropriate response to important human interests and to the human dignity of workers. Finally, it explores central normative issues about the relation between labor rights and human dignity. It responds to some objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor and arbitrates a common tension between independence and solidarity within our practical affirmation of human dignity. (shrink)

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order to (...) expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: (...) equal individual rights, equal sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and (...) its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

In the European Union, the General Data Protection Regulation (GDPR) provides comprehensive rules for the processing of personal data. In addition, the EU lawmaker intends to adopt specific rules to protect confidentiality of communications, in a separate ePrivacy Regulation. Some have argued that there is no need for such additional rules for communications confidentiality. This Article discusses the protection of the right to confidentiality of communications in Europe. We look at the right’s origins to assess the rationale for (...) protecting it. We also analyze how the right is currently protected under the European Convention on Human Rights and under EU law. We show that at its core the right to communications confidentiality protects three individual and collective values: privacy, freedom of expression, and trust in communication services. The right aims to ensure that individuals and organizations can safely entrust communication to service providers. Initially, the right protected only postal letters, but it has gradually developed into a strong safeguard for the protection of confidentiality of communications, regardless of the technology used. Hence, the right does not merely serve individual privacy interests, but also other more collective interests that are crucial for the functioning of our information society. We conclude that separate EU rules to protect communications confidentiality, next to the GDPR, are justified and necessary. (shrink)