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  1. Human Rights Law and the Obligation to Reduce Greenhouse Gas Emissions.Alexander Zahar - forthcoming - Human Rights Review:1-27.
    Human rights law has been called upon to help with the problem of persistently high greenhouse gas emissions. An obligation on states and other legal entities to lower their emissions is said to be deducible from that body of law. I refute this thesis. First, I consider two practical difficulties—causality and non-triviality—that face a plaintiff who, with emission mitigation as the objective, attempts to prove a human rights violation using the regular pattern of proof for a violation. Proponents of the (...)
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  2. Human Rights and Political Toleration in India: Multiplicity, Self, and Interconnectedness.Ashwani Kumar Peetush - 2015 - In Ashwani Peetush & Jay Drydyk (eds.), Human Rights: India and the West. New Delhi, Delhi, India: pp. 205-228.
    I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West -- and White liberal (...)
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  3. “Traduttore, Traditore?” Translating Human Rights into the Corporate Context.Marisa McVey, John Ferguson & François-Régis Puyou - forthcoming - Journal of Business Ethics:1-24.
    This paper critically investigates the implementation of the UN guiding principles on business and human rights into the corporate setting through the concept of ‘translation’. In the decade since the creation of the UNGPs, little academic research has focussed specifically on the corporate implementation of human rights. Drawing on qualitative case studies of two multinational corporations—an oil and gas company and a bank—this paper unpacks how human rights are translated into the corporate context. In doing so, the paper focuses on (...)
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  4. Strengthening Human Rights in Global Health Law: Lessons From the COVID-19 Response.Judith Bueno de Mesquita, Anuj Kapilashrami & Benjamin Mason Meier - 2021 - Journal of Law, Medicine and Ethics 49 (2):328-331.
    While human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize the rights to health and life, human rights that underlie public health, and international assistance and cooperation. As governments prepare for revisions of global health law, new opportunities are presented to harmonize global health (...)
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  5. UNsupported: The Needs and Rights of Children Fathered by UN Peacekeepers in the Democratic Republic of Congo.Kirstin Wagner, Susan A. Bartels, Sanne Weber & Sabine Lee - forthcoming - Human Rights Review:1-28.
    Sexual exploitation and abuse by United Nations peacekeepers causes severe physical and psychological consequences. Where SEA leads to pregnancy and childbirth, peacekeepers typically absolve themselves of their paternal responsibilities and paternity suits are largely unsuccessful. The lack of support for peacekeeper-fathered children tarnishes the image of the UN who fails to implement a victim-centred approach to SEA. Analysing shortcomings in the provision of support, this article presents an evaluation of the UN’s accountability system from the perspective of PKFC families. In-depth (...)
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  6. Die Lage der Menschenrechte in Russland vor der Fußball WM.Johannes Voswinkel - 2018 - Polis 22 (1):11-13.
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  7. Ein (Schul-)Jahr Voller Menschenrechte – Ein Unterrichtsprojekt der Berufsschule Plus Nürnberg.Stephan Leppert & Selina Baumgart - 2018 - Polis 22 (3):23-26.
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  8. Menschenrechte zwischen Universalismus und nationalstaatlicher Kontextualität.Heiner Bielefeldt & Nour El-Amine - 2018 - Polis 22 (3):19-22.
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  9. Kompetenzorientierte Menschenrechtsbildung.Armin Scherb & Markus Gloe - 2018 - Polis 22 (3):15-18.
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  10. Das Menschenrecht auf Bildung – ein Blick auf Deutschland.Michael Krennerich - 2018 - Polis 22 (3):12-14.
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  11. Die Menschenrechte zwischen formalem Fortschritt und realpolitischem Rückzug.Rainer Huhle - 2018 - Polis 22 (3):8-11.
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  12. Global Health, Human Rights, and Neoliberalism: The Need for Structural Frameworks When Addressing Mental Health Disparities.Farahdeba Herrawi, Jenny Logan, Chia-Po Cheng & Lisa Cosgrove - 2022 - Journal of Theoretical and Philosophical Psychology 42 (1):52-60.
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  13. Long-Term Urgent Interests and Human Rights Practice: A Challenge to the Political Conception.Andre Santos Campos - 2020 - Critical Review of International Social and Political Philosophy:1-22.
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  14. Taiwan’s Road to an Asylum Law: Who, When, How, and Why Not Yet?Kristina Kironska - forthcoming - Human Rights Review:1-24.
    Taiwan is considered to be one of the most progressive countries in Asia but has no asylum law. Does it need one? Many in Taiwan, including officials and politicians, claim that the regulations that are currently in place are sufficient. There are, however, some people in Taiwan who require protection, and the government is not able to respond effectively in the absence of an asylum law. The author has identified several different groups in Taiwan that would benefit from an asylum (...)
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  15. Humanism for Personhood: Against Human-Racism: A New Fight for Human Rights.James Hughes - 2004 - Free Inquiry 1 (June):36-37.
    In the coming decades humanists and trans-humanists need to wage a global campaign to radicalize the idea of human rights. We need to assert our rights to control our own bodies and brains, whether we choose to change our genders or medicate our brains. We need to assert that the measure of a society’s fairness is how universally available we make the prerequisites for achieving our fullest potential. We need to defend the right to enhance ourselves - whether through education (...)
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  16. COVID-19 and Human Rights Law: A Legal and Philosophical Approach.Marzia Marastoni - 2021 - Humana Mente 14 (40).
    At the time of writing, an infectious disease, named COVID-19, has spread globally, resulting in the on-going pandemic. For this reason, more than ever it is fundamentally important to address the issue on how to allow government sufficient discretion, flexibility, and powers to deal with emergencies, such as COVID-19, while respecting the rule of law. Notably, there are some exceptional situations where States can restrict or derogate from certain human rights. Yet, what are the moral principles that should guide democracies (...)
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  17. Non-Muslims in the Qanun Jinayat and the Choice of Law in Sharia Courts in Aceh.Abdul Halim - forthcoming - Human Rights Review:1-24.
    The Aceh Jinayat Qanun, which is often considered violating Human Rights, has become the choice of the non-Muslim minorities as their rational choice. This study aims to analyze non-Muslims’ choice of The Aceh Jinayat Qanun implemented by the Sharia Court in Aceh and its underlying motives. This study relies on field research involving observations, in-depth interviews with Sharia Court judges, Head of the Islamic Sharia Service, Acehnese clerical figures, and Non-Muslims involved in criminal cases handled by the Sharia Courts. This (...)
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  18. Returning to the Central ‘Essentialist’ Question in Achieving Overlapping Consensus on Human Rights: A Comparison of Charles Beitz and Martha Nussbaum.James P. O'Sullivan - 2020 - Heythrop Journal.
  19. Dignification of Victims Through Exhumations in Colombia.Sandra Milena Rios Oyola - 2021 - Human Rights Review 22 (4):483-499.
    Exhumations aim to restore victims’ dignity because they constitute a step towards their individualisation and recognition as members not only of a particular family but of the human family. This article aims to contribute to the critical assessment of how the notion of human dignity and dignification are used in the context of mechanisms of transitional justice, such as exhumations. It focuses on the Colombian case from an interdisciplinary perspective based on socio-legal studies. The research is based on participant observation, (...)
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  20. “Best Interests of the Child”, Australian Refugee Policy, and the (Im)possibilities of International Solidarity.Jordana Silverstein - 2020 - Human Rights Review 22 (4):389-405.
    “Best interests of the child” is a key concept in international law, developed by and through institutions which maintain a stake in international solidarity. This article explores the quality of that solidarity, working to understand the modes of interrelationship between peoples and institutions which it instantiates, and which it could possibly be imagined to instantiate. Focusing on one context—the way that “best interests of the child” has developed within international politics and domestic Australian politics, through an examination of the discourses (...)
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  21. The Global Compact for Migration (GCM), International Solidarity and Civil Society Participation: a Stakeholder’s Perspective.Carolina Gottardo & Nishadh Rego - 2021 - Human Rights Review 22 (4):425-456.
    A distinguishing feature of the Global Compact for Safe, Orderly and Regular Migration is its “whole-of-society” approach, which includes states, but also engages a “broad multi-stakeholder” partnership to address global migration “in all its dimensions”. As one of the stakeholders that participated in the shaping and implementation of this new global normative instrument, we suggest that a spirit of international solidarity can be located in the cooperative and consensual processes and platforms that make up its architecture. Drawing on the English (...)
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  22. Access to Health Care by Migrants with Precarious Status During a Health Crisis: Some Insights from Portugal.Vera Lúcia Raposo & Teresa Violante - 2021 - Human Rights Review 22 (4):459-482.
    In March 2020, the Portuguese Government issued a remarkable regulation by which irregular migrants who had previously started the regularization procedure were temporarily regularized and thus allowed full access to all social benefits, including healthcare. The Portuguese constitutional and legal framework is particularly generous regarding the right to healthcare to irregular migrants. Nevertheless, until now, several practical barriers prevented full access to healthcare services provided by the national health service, even in situations in which it was legally granted. This decision (...)
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  23. International Solidarity and Palestinian Refugees: Lessons for the Future Directions of Refugee Law.Kate Ogg - 2020 - Human Rights Review 22 (4):407-423.
    The way in which international solidarity is conceptualized with respect to Palestinian refugees is different from how it is employed when discussing refugees more broadly and has been ignored in refugee law scholarship. International solidarity is generally understood to mean states sharing responsibility for refugees. However, in the Palestinian context, it refers to individuals’ and organizations’ empathetic support for refugees’ struggles and a political commitment to end displacement. If we adopt the latter definition, there are many examples of international solidarity (...)
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  24. Gilad Ben-Nun, The Fourth Geneva Convention for Civilians: The History of International Humanitarian Law (I.B. Tauris 2020), ISBN 9781838604301, 288 pp, GBP 85.00. [REVIEW]Andrew Majeske - 2021 - Human Rights Review 22 (4):521-523.
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  25. ‘Recognizing’ Human Rights: an Argument for the Applicability of Recognition Theory Within the Sociology of Human Rights.Reiss Kruger - 2021 - Human Rights Review 22 (4):501-519.
    Beginning with Margaret Somers and Christopher Roberts’ review of the sociology of human rights and Bryan Turner and Malcolm Waters’ debate therein, the author presents some of the questions which have been so far been the focus of this sociological sub-discipline. This review raises the question of ‘rights’ as a subject of study, and the normative consequences therein. From here, the author introduces recognition theory as a potential participant in these discussions around human rights. The author traces recognition theory from (...)
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  26. Introduction. The Spirit of International Solidarity, the Right to Asylum, and the Response to Displacement.Jodie Boyd & Savitri Taylor - 2021 - Human Rights Review 22 (4):383-388.
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  27. Correction to: The Future of International Solidarity in Global Refugee Protection.Obiora Chinedu Okafor - 2021 - Human Rights Review 22 (4):457-457.
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  28. What You Are and Its Affects on Moral Status: Godman's Epistemology and Morality of Human Kinds, Gunkel's Robot Rights, and Schneider on Artificial You.Lantz Fleming Miller - 2021 - Human Rights Review 22 (4):525-531.
    Thanks to mounting discussion about projected technologies’ possibly altering the species mentally and physically, philosophical investigation of what human beings are proceeds robustly. Many thinkers contend that whatever we are has little to do with how we should behave. Yet, tampering with what the human being is may tread upon human rights to be whatever one is. Rights given in widely recognized documents such as the U.N. Declaration of the Rights of Indigenous Peoples assume what humans are and need depends (...)
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  29. The Conscience of Thomas More: An Introduction to Equity in Modernity.Robert Herian - 2021 - Wiley: The Heythrop Journal 63 (1):64-75.
    The Heythrop Journal, Volume 63, Issue 1, Page 64-75, January 2022.
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  30. Journalism and Press Freedom as Human Rights.Rowan Cruft - forthcoming - Journal of Applied Philosophy.
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  31. CONTEXTUAL ANALYSIS OF HUMAN RIGHTS IN THE FRAMEWORK OF THE POST-MODERNITY.Anna Shutaleva, Tsiplakova Yuliya & Putilova Evgeniya - 2021 - Eurasian Law Journal 10 (161):556-558.
    The article analyzes the emergence and development of the concept of “postmodernity.” The authors investigate the changing understanding of the problem of man in the history of philosophy. The article analyzes the theses of M. Fuko and Z. Bauman and their view of postmodernity in the context of human rights. It is shown that the problem of rights excess replaces the crisis of modernism of lack of rights. The system of values and guiding principles in postmodern times leads to a (...)
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  32. Should Autists Have Cultural Rights?Bouke de Vries - forthcoming - Human Rights Review:1-15.
    While several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, insofar as autists (...)
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  33. From Human Resources to Human Rights: Impact Assessments for Hiring Algorithms.Josephine Yam & Joshua August Skorburg - 2021 - Ethics and Information Technology 23 (4):611-623.
    Over the years, companies have adopted hiring algorithms because they promise wider job candidate pools, lower recruitment costs and less human bias. Despite these promises, they also bring perils. Using them can inflict unintentional harms on individual human rights. These include the five human rights to work, equality and nondiscrimination, privacy, free expression and free association. Despite the human rights harms of hiring algorithms, the AI ethics literature has predominantly focused on abstract ethical principles. This is problematic for two reasons. (...)
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  34. What’s Wrong with a Kantian Foundation of Human Rights? A Reply to the Independence Thesis.Luigi Caranti - 2021 - In Camilla Serck-Hanssen & Beatrix Himmelmann (eds.), The Court of Reason: Proceedings of the 13th International Kant Congress. De Gruyter. pp. 1403-1412.
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  35. Hannah Arendt and International Relations.Shinkyu Lee - 2021 - In Nukhet Sandal (ed.), Oxford Research Encyclopedia of International Studies. New York, NY, USA: Oxford University Press. pp. 1-30.
    International relations (IR) scholars have increasingly integrated Hannah Arendt into their works. Her fierce critique of the conventional ideas of politics driven by rulership, enforcement, and violence has a particular resonance for theorists seeking to critically revisit the basic assumptions of IR scholarship. Arendt’s thinking, however, contains complexity and nuance that need careful treatment when extended beyond domestic politics. In particular, Arendt’s vision of free politics—characterized by the dualistic emphasis on agonistic action and institutional stability—raises two crucial issues that need (...)
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  36. Correction to: The Unrealized Potential of National Human Rights Institutions in Business and Human Rights Regulation: Conditions for Effective Engagement and Proposal for Reform.René Wolfsteller - forthcoming - Human Rights Review:1-1.
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  37. Man to Man, Gal to Gal…dat Wrong: an Analysis of How Sexual Prejudice Is Reflected in Jamaican Popular Music.Mahalia Jackman - forthcoming - Human Rights Review:1-19.
    This research analyses sexual prejudice in sixteen dancehall and reggae songs—two musical genres indigenous to Jamaica. The analysis provides us with insights on the lenses through which some Jamaicans view same-sex relationships and how sexual prejudice is normalised and justified. In this sample of songs, homosexuality is presented as a violation of gendered norms, sinful, unnatural, a threat to society and a foreign lifestyle. The presentation of homosexuality as a foreign lifestyle suggests that antigay prejudice could be related to fears (...)
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  38. In Defense of Deference: International Human Rights as Standards of Review.Andreas Follesdal - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  39. The Unrealized Potential of National Human Rights Institutions in Business and Human Rights Regulation: Conditions for Effective Engagement and Proposal for Reform.René Wolfsteller - forthcoming - Human Rights Review:1-26.
    While National Human Rights Institutions are widely regarded as particularly promising tools in the emerging transnational regime for the regulation of business and human rights, we still know little about their potential and actual contribution to this field. This article bridges the gap between business and human rights research and NHRI scholarship, proceeding in three steps: Firstly, I analyze the structural conditions for NHRIs to tackle business-related human rights abuses effectively, focusing on the key conditions of legitimacy and competences. Secondly, (...)
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  40. In Defense of Deference: International Human Rights as Standards of Review.Andreas Follesdal - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  41. Between Facts and Principles: Jurisdiction in International Human Rights Law.Lea Raible - forthcoming - Jurisprudence:1-21.
    In international human rights law ‘jurisdiction’ is the centre of the debate on extraterritorial obligations. The purpose of the present paper is to a) analyse how facts and principles contribute t...
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  42. Human Rights and Bioethical Considerations of Global Nurse Migration.Felicia Stokes & Renata Iskander - 2021 - Journal of Bioethical Inquiry 18 (3):429-439.
    There is a global shortage of nurses that affects healthcare delivery, which will be exacerbated with the increasing demand for healthcare professionals by the aging population. The growing shortage requires an ethical exploration on the issue of nurse migration. In this article, we discuss how migration respects the autonomy of nurses, increases cultural diversity, and leads to improved patient satisfaction and health outcomes. We also discuss the potential for negative impacts on public health infrastructures, lack of respect for cultural diversity, (...)
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  43. Cross-National Environmental Injustice and Human Rights Issues: A Review of Evidence in the Developing World. [REVIEW]Franci Adeola - 2000 - 43 (3).
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  44. A Right to Leave but No Right to Enter Elsewhere? : Uncovering the Finisterrae in the Migration Regime in Human Rights.Guilherme Marques Pedro & Patricia Mindus - 2021 - Latin American Human Rights Studies 1 (1).
    Hassan Al Kontar appeared in major headlines in 2018. He had left his country of origin, Syria, and refused to return when the Syrian Civil War broke out. He had emigrated a few years earlier to the United Arab Emirates, where he worked as an insurance marketing agent. His work permit expired after the start of the conflict in Syria. So did his passport. Hassan remained in the Emirates illegally, out of fear of being drafted by the army upon his (...)
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  45. The Corporate General Counsel Who Respects Human Rights.I. I. I. John F. Sherman - 2021 - Legal Ethics 24 (1):49-72.
    Global soft law, multistakeholder norms, the business practices and policies of leading companies, the expectations of...
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  46. Professional Responsibility and the Defence of Extractive Corporations in Transnational Human Rights and Environmental Litigation in Canadian Courts.Amy Salyzyn & Penelope Simons - 2021 - Legal Ethics 24 (1):24-48.
    Lawyers defending extractive corporations in transnational human rights and environmental cases tend to reflect the dominant ‘resolute advocacy’ model of litigation, which directs lawyers to aggres...
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  47. Soft Law, Legal Ethics and the Corporate Lawyer: Confronting Human Rights and Sustainability Norms.Sara L. Seck, Richard Devlin & Siobhan Quigg - 2021 - Legal Ethics 24 (1):1-3.
    We are all familiar with the old adage that hard cases make for bad law. This symposium riffs off that idea to inquire whether soft law can make for ethical lawyering? To interrogate this q...
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  48. Thomas R. Berger, Fragile Freedoms: Human Rights and Dissent in Canada (Toronto: Clarke, Irwin, 1981) Review. [REVIEW]David L. Thompson - 1983 - Labour/Le Travailleur 11:261‑263.
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  49. Differences in African Indigenous Rights Messaging in International Advocacy Coalitions.Maia Hallward & Jonathan Taylor Downs - forthcoming - Human Rights Review:1-22.
    International Indigenous rights coalitions increasingly involve Indigenous and non-Indigenous civil society organizations with diverse backgrounds and interests. As these organizations more frequently interact and partner with one another, what issues are being emphasized in their advocacy efforts? This study utilizes content analysis of 60 Indigenous rights organizations’ websites, as well as interviews of several leaders and staff, to explore whether African Indigenous organizations emphasize different aspects of Indigenous rights in their messaging and advocacy than their other Indigenous and non-Indigenous coalition (...)
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  50. Resolving the Conflict Between Traditional Islam and Human Rights: A Comparative Study of Mahmoud Mohammed Taha’s and Mohsen Kadivar’s Views.Masoumeh Rad Goudarzi - 2021 - Critical Research on Religion 9 (3):284-299.
    In the recent decades, many Muslim intellectuals have devoted their intellectual efforts to reconstructing the jurisprudence through a new interpretation of Islam in order to solve the problem of human rights. While they have mostly tried to find a solution based on Ijtihad in derivation of Shari’a, Mahmoud Mohammad Taha and Mohsen Kadivar have asked for structural Ijtihad, presenting reversed and rational abrogation theories. In the current article, the researcher aims to focus on three main questions: Why do they believe (...)
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