UN, PEOPLE, SOCIETIES, RELIGIONS AND GOVERNMENTS Part I - Women and Mothers, Men, Justice and the Convention on the Rights of the Child
Divino Roberto Veríssimo
Presidente na OPA - Organiza??o pela Preserv\??o Ambiental
Introduction
As I said in the introductory part of this topic, we will begin this first part by presenting a view of women, men and their children under the principles and divisions of children's rights.
The issues related to men as fathers, women as mothers, their children and the Convention on the Rights of the Child with a special focus on children and young people from zero to fourteen years of age. But placing in the scenario their freedoms and care for each other as citizens of planet Earth (historically referred to in the UN Charter as “Citizens of the World”).
Women, men and Justice
About women, men and Justice, what does the population need to know?
1. That women in their feminine condition and men in their masculine condition have differences that, however, do not exist in Justice and law.
2. That Justice is associated with the female figure, represented by women in all their historical configurations of management and gestation of life since Adam and Eve or antiquity, where we have:
a) The Egyptian Goddess Maat, whose name gave rise to the word “magistrate”.
b) The Greek Goddess Themis, daughter of Uranus (Heaven) and Gaia (Earth),
c) The Roman Goddess “Justitia” corresponding to the Greek Goddesses Eunomia, Dice and Irene, ladies of the Hours (Cycles of life present in nature, seasons, climate, vegetation, etc.), daughters of Themis.
d) The Moirai, three sister powers that determined the destiny of both gods and human beings, as they were responsible for making, weaving and cutting what would be the thread of life (umbilical cord) for all individuals (the vital cycles of life in the sense of gestation, birth, growth and evolution),
Goddesses that encompass all aspects of existence, based on the balance of the universe, involving all its constituent parts based on the special gift of women.
The gift of impartially generating sons and daughters, separated men and women or twins within the universal laws
3. That Law is associated with the male figure, represented by Man in all his configurations of power since ancient times, modulated in the legal systems of the family (such as the family of customary rights and sharia, among others, especially the Romano-Germanic family of rights), intellectualized within the structure of the fundamental principles of justice of civilizations, codified in the reference system of faith, religions and the principle of equality or isonomy, which serves as the primary source of law.
It is said that this principle of equality or isonomy was probably used in Athens, in ancient Greece, by Cleisthenes in the year 508 BC.
However, the conception of this principle closest to the current Rule of Law dates back to 1215 AD.
The time when King John Lackland signed the Magna Carta, considered the initial foundation of the constitutional monarchy. This is a legal principle established in the Constitutions of countries that states for all people and authorities involved in the application of the law: "all are equal before the law", regardless of their wealth or prestige. Considering that the principle refers to two aspects of action in its application:
a) Equality "in the law", which is intended for the legislator, or the executive itself, which, when drafting laws, normative acts and provisional measures, cannot discriminate in any way against the human person (in relation to the UN, it results in the application of the law based on its constitutional tripod).
b) Equality "before" the law, which is intended for the subject of law and which translates into the requirement that the executive and judicial powers, when applying the law, do not discriminate in any way against the human person or the case (in relation to the UN, it results in attention to the application of its constitutional tripod, when assessing the case).
Since then, "equality of rights" has prevailed in the world, never of sex or gender. But always equality of rights in relation to sex or gender, for which women have competed with men for millennia in causes such asa) Equality "in the law", which is intended for the legislator, or the executive itself, who, when drafting laws, normative acts, and provisional measures, may not discriminate in any way the human person (in relation to the UN, it result in aplication of law based on its constitutional tripod).
b) Equality "before" the law, which is intended for the subject of law and which translates into the requirement that the executive and judicial branches, when applying the law, do not discriminate in any way the human person or the case (in the relation to the UN, result in pay attention to the application of its constitutional tripod , when assessing the case).
Since then, "equality of rights" has prevailed in the world, never of sex or gender. But always equality of rights in relation to sex or gender, for which women have been competing with men for millennia in causes such as:
1. valorization of work,
2. Valorization of women's political, military and economic power, as well as religious and gender power (sexual interest and control over fertility):
The fact is that justice contemplates equality of rights, not gender. Equality of rights for all genders.
Therefore, the fact that the differences between men and women are essential for the continuity of life in its unity, multiplication, diversity of being and evolution in global relations prevails.
Justice and law are thus characterized by the common personification of human fertility and life in relation to unity, diversity and any legal-philosophical reflection of being (between and beyond the norms).
Because unity and diversity coexist in the similarities and differences of each being that can constitute or generate - in their relationships and seeds, plantings and harvests of life that are thus codified:
In the unity and diversity (in religious language, multiplication), similarity and difference of reproduction of life (generation of children) and of the primary inspiration (filiation) of the very identity, value and condition of life (birth, development and death) of the being in global terms - basically unitary, bipolar and familial, social, psychological, economic and military.
The factor of social construction that socially reflects the inalienable, indefectible and inviolable unity of justice, universal rights and duties, enshrined in human relationships, their creations and creatures, personal, familial, community, religious, scientific and state and government relationships, etc.
Human relations processed in the form of love, conflicts, honor, authority and nobility, contained in their equality of rights, dignity and “moral integrity”.
The equality between man and woman in terms of their spiritual and moral quality.
Equality of rights inspiring respect; awareness of one’s own value; honor, authority, nobility and capacity for reproduction and identification of life (generation of children and naming of natural or non-natural beings)
Where in fact, having the creator (God) in the exercise of creation and development of the creature made “Him” the identification of man and woman, he entrusted them with his authority,
The authority to exercise this power in their unities and differences. But exactly in accordance with the principles of justice and equality of rights and dignity in their different laws, norms and rules of dominion, applicable in their occupations (habitat), missions and functions or work:
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The power of exercising free will in their lives and of exercising the identification of global life in its different conditions of being. Where the human being is at the center of any and all legal-philosophical reflection – religious, scientific or irreligious, economic, political and military.
A fact clearly attested globally in Genesis and specifically in Genesis 2, chapters 19 and 20 of the biblical Old Testament.
And, in the present day, attested by the legal philosopher.
The authority of justice and law that seeks to understand justice in a planetary dimension in its essence.
The essence of Justice in/of the world and its implications in the different divisions of law and legal systems in movement today
Basically because the human being, by will of the creator (God), received three basic and essential designations of power:
1. The power to be an actor of his own identity and of the identity of other beings on the planet.
2. The power to be the subject responsible for the care, observation and maintenance (today equivalent to sustainability or guarantee of human survival and the natural resources of his creation) of global life on/of the planet.
3. The principle of isonomy or equality of rights]
The Justice
This is the scales of justice.
The three premises of the law in the universe that constitute the highest value of the entire legal system of individuals, families, races, peoples, religions, states and nations within and outside the planet.
The premises of unity of identity, equality of rights and dignity of human, natural and environmental life.
These premises do not allow the separation of law between man and woman, feminine and masculine, male and female and positive and negative in the construction of fair and egalitarian societies or natural lives in each cycle of evolution.
So the Law of men and women is the same, regardless of the so-called “gender attributions or identities”:
The Systems for constructing scientific-industrial social control of individuals, societies and governments, distinct from the religious and family social control of the categories “man”, “woman” and “existential unity or alliance”.
A system based exaclety on the exclusion, separation or segregation of the family and national state and on the social construction of conduct agreed upon and fixed by the market of interests and storage of data and human resources for public social management.
The management of the conduct, demands, needs, intelligence and possibilities of the planet's citizens.
Because their structures of biological unity, social personalities and missions linked to sex are different, shared and integral to each other in their different civilizations, authorities and governments.
I recommend without any doubt that the global socialization and education of people, families, states and governments can adopt the UN constitutional tripod and remove from customs the idea that the cause of conflict activities in relations between men and women, boys and girls, is the diference of being men and women or that the the solucion issue is a aceptance of gender equality idea. For two reasons:
1. Because the cause of conflicts is the processing of justice on equal rights - not on being men and women. Since the law aims at social pacification, it is always concerned with effective ways of achieving "justice".
2. Because the differences between being a man and being a woman are essential for the continuity of life and the elimination of the risk of mass production of babies under the scientific-industrial control of the market and competition modulated by fluctuating but continuous wars.
In the diversity of populations, this is the meaning of equality of rights, of the difference between men and women and the integration of their differences:
From my point of view, this is the jus-philosophical (supra-economic) vision of the Rule of Law, in accordance with the Charter, the Universal Declaration of Human Rights and the UN Convention on the Rights of the Child and its treaties and conventions established after the Second World War.
A vision of Justice that goes far beyond of mediation oof business? in relation to international contracts on peace, climate or the cold subsumption (application) of the norm of market, competition and profit over existential damages and benefits. Where the Judge seeks to reflect on the reason for the existence of the norm of business, market and competition. And... Only with this reflection and after it, does he feel capable of issuing his assessment and sentence.
Conclusion
The issue is that the supranational environmental and generational phenomenon is not something ready-made and finished.
It is an issue that encompasses more than current economic legal thinking – municipal, state, national or international.
It encompasses several matrices of possibilities, risks, interpretations and adjustments of conduct by reflexus of the time, space, matter, energy, light and movements of life, development and death.
In practice, current legal thinking is full of schemes, manuals, synopses, simplifications and multinational business contracts, fragmented on interests of power, economy and hegemony linked to associations of national social groups based in market interests, competition and profit. This ends up flooding law schools and courts with jurists from the market and global competition on values (economic, environmental, human), with the following elements:
Fragmented cases and causes on variable and changing perspectives of law, floating without the constitutive unity of justice and state of governance and security of the planet, sustainable by the different civilizations, populations and current and emerging governments within and outside their territories. With governments and national citizens commercialized and mechanized. In other words: sustained basically by wars, guided by strong financial ambitions and given over to the continuous search for power and wealth, mixed with a blind or distorted desire for justice. The Justice as revenge or absolute power. Which, in the face of greater power, wealth or poverty, makes them prone to the use or acceptance of corruption, violence or force....
Now, the path for the judiciary to overcome this reality based on the evolution of humanity is justice in relation to children: the Convention on the Rights of the Child.
I pause here and place this topic in part II of this article
With love, peace and light
Divino Roberto Veríssimo