The New African Court on Human and Peoples' Rights: Towards an Effective Human Rights Protection Mechanism for Africa?

2005 ◽  
Vol 18 (1) ◽  
pp. 113-129 ◽  
Author(s):  
ANNE PIETER VAN DER MEI
Keyword(s):  
Human Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection

Completing the Institutional Mechanism of the Arab Human Rights System

2017 ◽  
Vol 6 (1) ◽  
pp. 30-52
Author(s):  
Konstantinos D Magliveras
Keyword(s):  
Human Rights ◽  
Member States ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Salient Features ◽  
Arab States ◽  
League Of Arab States ◽  
Institutional Mechanism

In September 2014, the Member States of the League of Arab States approved the Statute of the Arab Court of Human Rights finalising a 20-year process to put in place a human rights protection mechanism which resembles mechanisms operating in other regions. This article examines the defunct Arab Charter on Human Rights of 1994, the revised Human Rights Charter of 2004 as well as the mandate and the activities of the Arab Human Rights Committee. It then explains the drafting of the Court’s Statute, analyses the salient features of its Statute, which was concluded independently of the 2004 Charter, and makes pertinent comparisons with the European, Inter-American and African regional mechanisms.

scholarly journals CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

2021 ◽  
pp. 6-12
Author(s):  
Yuriy Bysaga
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Legal Mechanism

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms. The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

scholarly journals PILOT-JUDGMENT PROCEDURE AS A MEANS TO RESOLVE THE SYSTEMIC PROBLEM

2016 ◽  
Vol 4 (1) ◽  
pp. 62-67
Author(s):  
Тигран Оганесян ◽  
Tigran Oganesyan
Keyword(s):  
Human Rights ◽  
Analysis Procedure ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Development Prospects

This article is devoted to the analysis procedure, the pilot judgment of the European Court of Human Rights. The author explores the background and rationale for the pilot-judgment procedure, the basis of its issuance; questions of law, which shall be made under the pilot judgment; discusses some rulings. The article presents a brief analysis of the development prospects of the pilot-judgment procedure in the framework of the Convention´s human rights protection mechanism.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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