Nordisk Tidsskrift for Menneskerettigheter Vol. 24 Nr. 2:2006:

English abstracts


Henriette Sinding Aasen:Ytringsfrihet i islam

Abstract: Islam is widely considered as a threat against freedom and human rights. However, the Islamic tradition consists of many different directions and interpretations. Reform-friendly interpretations are increasing all over the Muslim world, focussing on the need for democratic development and basic human rights. The article presents the basic structure of Islamic legal thinking and introduces the right to freedom of expression from an Islamic legal perspective. The author concludes that the basic values and legal arguments supporting freedom of expression in Islam share many similarities with the Western human rights perspective. One difference is the lower tolerance for blasphemy in the Islamic law. However, this should be viewed as an acceptable variation within the international human rights framework. Although international human rights are universal in terms of the basic rights, the implementation of these rights must take into consideration cultural and normative assumptions of different regions, whether these are of a secular or religious nature.
Keywords: Islamic law, freedom of expression, human rights, religion


Jonas Christoffersen: Den danske debat om den internationale menneskeret

Abstract: The Danish debate on international human rights: The criticism voiced against the international human rights law essentially questions the democratic legitimacy of the practice of the European Court of Human Rights, which, nonetheless, enjoys tremendous democratic support from the parliaments of the members of the Council of Europe. The criticism rests partly on the misperception that domestic authorities go too far in their implementation of the European Court’s practice, and the criticism generally draws too wide-ranging conclusions. From a general perspective, the problem seems to be that domestic authorities occasionally fail to supplement the international minimum standards with appropriate Nordic standards.
Keywords: European Court of Human Rights, criticism, democratic legitimacy, domestic implementation, Nordic standards

Thom Arne Hellerslia: Seksuelle menneskerettigheter

Abstract: Several decisions from the European Court of Human Rights regarding sexuality, and a focus on sexuality in the society as a whole, means that it may be useful to operate with “sexual human rights” as a category of human rights. The sexual life and sexual integrity of each person is protected by the right to privacy. The article describes three main sexual human rights: Freedom from sexual abuse, freedom from discrimination based on sexuality and freedom to sexual activity based on consent. Several other sexual human rights is mentioned. The field is characterized by a dynamic practice from international monitoring bodies.
Keywords: sexual human rights, sexuality, sexual abuse, sexual orientation, transgender