The Suspect’s Right to Silence in Viet Nam

2016 ◽  
Vol 17 (1) ◽  
pp. 54-69
Author(s):  
Tien Dung Lam
Keyword(s):  
Judicial Reform ◽  
Viet Nam ◽  
Negative Consequences ◽  
Police Custody ◽  
Right To Silence ◽  
Criminal Suspects ◽  
Constitutional Right ◽  
Legal Constraints ◽  
The Individual ◽  
The Right

Viet Nam is attempting to develop a judicial reform strategy to uphold the rule of law and to protect the rights and interests of its people. However, the protection of the rights for criminal suspects in Viet Nam is still limited. In practice, there are still many legal constraints that limit the protection of a suspect’s rights in police custody. First, torture and other forms of ill treatment exist in the investigative phase and the court often condones these practices, regardless of whether the person charged has the constitutional right to both presumption of innocence and freedom from torture and other forms of ill-treatment. Second, the rules on police questioning of suspects and the taking of statements are vague and not respected carefully in reality. The absence of respect for these rights has several negative consequences for the suspect as it opens the way for torture and other forms of inhuman treatment to be used to extort confessions. So far, however, there has been little discussion about the right to silence for suspects in Viet Nam. Most studies on the rights of suspects have only been carried out in a small number of areas and limited to analysing the legal regulations protecting the general rights of the accused. No reliable study has been conducted on whether Viet Nam should guarantee the right to silence. Therefore, this article will explore the requirements needed to guarantee the right of the individual to protect himself or herself from self-incrimination in Viet Nam.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals Simulated Legal Phenomena in the System of Principles of the Administrative Process

2021 ◽  
Vol 18 (2) ◽  
pp. 175-191
Author(s):  
D. A. Kirillov
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Presumption Of Innocence ◽  
Legal Analysis ◽  
Negative Consequences ◽  
Administrative Process ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
Principle Of Legality

With the inclusion of the category “simulation” in the Code of the Russian Federation on Administrative Offences an interest arose in studying “simulation” in the system of principles of the administrative process. The purpose of the study is to formulate general recommendations for neutralizing the negative consequences of manifestations of feign in the system of principles of the administrative process. The methodological basis of the research is materialistic dialectics and elements of conceptual analysis. The methods of analogy and generalization allow us to justify the use of the construction of “simulated legal phenomenon” for the study of the principles of the administrative process. The survey revealed obstacles to the implementation of certain aspects of the presumption of innocence. The comparative legal analysis allows us to establish the comparability of the volumes of state repression in the measures of administrative and criminal responsibility, a clearly negative assessment of simulation in administrative law compared to its neutral assessment in civil law, to identify a number of obstacles to the functioning of the principles of the administrative process. Other standard research methods are also used. The expediency of analyzing the simulation of the system of principles of the administrative process is justified; a simplified model of the system of principles of the administrative process is used for the analysis; from the standpoint of assessing legal simulation, the analysis of the principle of legality, the principle of procedural equality, the principle of guilt, the principle of presumption of innocence, as well as the principle of respect for the honor and dignity of the individual was carried out. In order to reduce the level of obvious simulation in the system of principles of the administrative process, in particular, it is recommended: in the doctrine of the administrative process to consider the principle of legality not as a reality, but as a goal; in the laws, replace the term “legality” with the term “lawfulness”; in the laws, the wording “the principle of equality before the law” and the like should be replaced with “the principle of equality of rights”; part 1 of Article 1.5 of the Code of the Russian Federation on Administrative Offences should be amended as follows: “a person is subject to administrative responsibility only for those socially harmful actions (acts of inaction) in respect of which his guilt is established”; part 3 of Article 1.5 of the Code of the Russian Federation on Administrative Offences after the words: “...is not obliged to prove his innocence” should be supplemented with the words “but has the right to disagree with all or part of the arguments confirming his guilt, or to refute them”. It is also recommended to amend the legislation in order to unify the approach to the differentiation of administrative offenses and crimes.

scholarly journals Legal problems of ensuring equal conditions for realization the constitutional right to education

2018 ◽  
Vol 2 (4) ◽  
pp. 30-42
Author(s):  
A. Matnenko
Keyword(s):  
Selection Process ◽  
Developed Countries ◽  
School Education ◽  
Right To Education ◽  
Education Inequality ◽  
The United Kingdom ◽  
Foreign Countries ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

The subject of the paper is legal conditions for realization the constitutional right to education.The purpose of the paper is to confirm or disprove the hypothesis that legal measures of realization of the right to education that are used in developed foreign countries can be used in Russia to improve Russian educational legislation.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The author also uses the formal legal interpretation of Russian judicial decisions as well as comparative legal method.The main results and scope of their application. The court decisions supporting the principle of territorial consolidation of schools indicate that this principle does not exclude the possibility of citizens not residing in the fixed territory to enter the school of their choice. However, the implementation of this feature, due to the lack of legislative regulations of the procedure, can cause bias, corruption and other abuses of constitutional right to education. Inequality children’s opportunities to enter the school due to their place of residence persists in the individual selection process. Situations where there are no clear and consistent rules for the provision school education inevitably generates numerous violations of citi-zens' rights and inequality based on the financial situation of parents. In Russia, there is no "waiting list", when children wishing to enroll in a particular school, would be taken to the vacant place. Accordingly, the adoption of such decisions by school administrations also lies in the plane of subjective discretion and causes corruption risks. China's experience is interesting because there are transparent, equal conditions for legal attraction of extra-budgetary funds to the school system, which do not turn access to education in the best schools into a corruption scheme or competition of parents ' incomes and do not infringe the rights of those who seek to enter them on the basis of their own achievements and knowledge. Speaking about the British experience, it is interesting to note that the lack of vacancies in the school itself can not be a reason for refusing to enroll a child in school.Conclusions. The legal experience of developed countries, such as the United Kingdom, Germany, Austria, Japan, China, in regulating the grounds and procedures for the provision of school education can be successfully applied in order to improve the Russian legislation, which establishes the legal mechanisms for the implementation of the constitutional right to education.

The Confessions Rule and the Charter

2010 ◽  
Vol 54 (3) ◽  
pp. 517-546 ◽  
Author(s):  
Hamish Stewart
Keyword(s):  
The Other ◽  
Supreme Court Of Canada ◽  
Constitutional Rights ◽  
Constitutional Principle ◽  
Trial Judges ◽  
Right To Silence ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The One ◽  
The Right

Abstract The confessions rule—the requirement that the Crown prove the voluntariness of the accused’s statements to persons in authority—is a well-established rule of criminal evidence and is closely connected with the constitutional principle against self-incrimination that it structures. The confessions rule is thus a natural candidate for recognition as a principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. However, there are two distinct routes by which the confessions rule might be constitutionalized. Under the “rule of evidence” approach, the confessions rule would be recognized as an aspect of the accused’s constitutional right to a fair trial. Under the “rights violation” approach, the conduct of the state in obtaining an involuntary statement would be treated as a violation of the accused’s constitutional rights. In R. v. Singh, despite having previously adopted the “rule of evidence” approach, the Supreme Court of Canada applied the “rights violation” approach and linked the confessions rule very closely to the constitutional right to silence. In so doing, the Court conflated the distinct protections offered by the right to silence on the one hand and the confessions rule on the other, particularly when Singh is read in light of other recent cases that appear to weaken the confessions rule. Fortunately, the Court’s recent decisions concerning the confessions rule may also be read as instances of appellate deference to trial judges’ factual findings on voir dires. Thus, they leave room for the recognition that neither the right to silence nor the confessions rule is reducible to the other, and that each has a distinct role to play: the right to silence protects the accused’s decision to speak at all, while the confessions rule concerns the accused’s motivations for speaking as he or she did.

Second-hand beaux and ‘red-armed Belles’: conflict and the creation of fashions in England, c. 1660–1800

2000 ◽  
Vol 15 (3) ◽  
pp. 391-417 ◽  
Author(s):  
BEVERLY LEMIRE
Keyword(s):  
Eighteenth Century ◽  
Group Identity ◽  
Common People ◽  
The Common ◽  
The Creation ◽  
Legal Constraints ◽  
The Individual ◽  
Long Eighteenth Century ◽  
The Right ◽  
Sumptuary Legislation

Fashion, like luxury, has been largely conceived in terms of the elite experience. Indeed, the European fashion cycle was noted first among the aristocracy where the fashion system celebrated novelty over tradition, highlighting the individual aesthetic even as it consolidated the group identity of exquisitely garbed nobles. The counterpoints to the mutability of style were the legal constraints designed to curb the fashion impulse, bridling the sartorial ambitions of non-elites. Sumptuary legislation aimed to enforce luxury codes. The right to extravagant inessentials, which distinguished those of noble blood, was forbidden to lesser beings; however, fashion was a contested concept whose influence permeated first the middling and then even the labouring ranks. In this article I will examine the competing forces at work within England as the dress of the common people was transformed over the long eighteenth century. Although sumptuary legislation came to an end in England in 1604, government and moralists continued to claim the right to restrain material expression within the lower ranks, but without success. I will assess the challenge to a unitary hegemonic elite fashion, and explore the creation and significance of the multiple expressions in dress within the varied social ranks of England.

Keep silence for yourself: The protection of the right to silence in the Italian criminal justice system

2021 ◽  
pp. 203228442110283
Author(s):  
Diletta Marchesi ◽  
Michele Panzavolta
Keyword(s):  
Criminal Justice ◽  
Side Effects ◽  
Criminal Justice System ◽  
Present Article ◽  
Justice System ◽  
Negative Consequences ◽  
Right To Silence ◽  
International Audience ◽  
The Right

The present article aims to discuss the protection of the right to silence in the Italian criminal justice system for an international audience. In Italy, the right to silence is a right that stems directly from the protection offered by the Constitution to the right of defence. Much debate revolves around the extent to which the right deserves to be safeguarded. Although the majority of scholarship favours the broadest extension of the right possible, this view is not endorsed unanimously. The legislature has introduced some limits, the most important being that which confines the right to silence to the facts concerning one’s own responsibility, save for exceptions. The courts, in turn, have taken a softer approach in the protection of the right to silence, which may allow the possibility of using the suspect’s silence to draw adverse consequences. Although the Italian system offers comparatively strong protection to the right to silence, it nonetheless leaves some openings that undermine the effectiveness of the right. This article therefore argues that compensating for the possible side effects of the rules on cooperation, removing some negative consequences of silence and the strengthening of remedies are the main fronts where the Italian system can still improve the protection of the right to silence.

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

Liberalism, the Only True Humanism

2021 ◽  
Author(s):  
Pascal Salin
Keyword(s):  
Property Rights ◽  
Social Inequalities ◽  
Negative Consequences ◽  
Ethical Policy ◽  
Redistribution Policy ◽  
Legal Constraint ◽  
Distribution Of Resources ◽  
The Individual ◽  
The Right ◽  
Personal Ethics

Liberalism is often criticized because it is said that it is concerned only by economic problems (and not more general human problems) and because it is in favor of selfishness. This is wrong and, in fact, liberalism is, on the contrary, the necessary consequence of a universal and valid conception of ethics. The foundation of liberalism consists in the fact that everyone must be respectful of the legitimate rights of any person (as regards, for instance, his body, his mind, and his legitimate property rights). Therefore, it implies that one ought to be respectful of another person either if this person is generous or if he is selfish (one is not obliged to be selfish, but one has the right to be selfish). Thus, liberalism is founded on the fundamental universal ethics and it is respectful of the individual conceptions of personal ethics. It is not in favor of selfishness, but in favor of individualism. This is why it must be said that liberalism is the only humanistic approach of social problems. However, many people consider that it is ethically justified to impose a redistribution policy to decrease so-called “social inequalities.” But, so doing, a state is not respectful of the legitimate property rights of those who are obliged by legal constraint to pay taxes. A voluntary distribution of resources from individuals who give part of their legitimate resources to other individuals is ethically justified. But it is not the case whenever this transfer of resources is made by using coercion. And it must be added that it has negative consequences. Those who benefit from the redistribution policy are less induced to make productive efforts. And those who have to pay the taxes are also less induced to develop their productive activities. Therefore, the production of resources is diminished by the redistribution policy and all the members of a society (for instance a country) suffer from this non-ethical policy.

scholarly journals INFORMATION PRIVACY: A CONCEPTUAL APPROACH

2021 ◽  
pp. 52-60
Author(s):  
Vitalii Serohin
Keyword(s):  
Personal Data ◽  
Relevant Information ◽  
Information Privacy ◽  
Fundamental Rights ◽  
Informational Privacy ◽  
Conceptual Approach ◽  
Constitutional Right ◽  
The Individual ◽  
The Right ◽  
Informational Aspect

The paper attempts to expose the basic concepts of informational privacy reflected in Western jurisprudence, as well as to outline the author's vision of the content and scope of informational privacy, to distinguish the relevant powers from which this right consists, to reveal its place and role from the standpoint of system-structural approach. It is noted that in the modern scientific literature, dedicated to ensuring the privacy and respect for his / her privacy, clearly distinguishes two main approaches to understanding the informational advantage - broad and narrow. Proponents of the narrow approach consider the primes solely in the informational aspect, and other constituents (physical, visual, phonetic privacy, etc.) tend to relate to the content of other fundamental rights. However, one group of authors interprets information privacy as the right of the person to control their personal data, while the second group considers it more rational and efficient to consider information pricing as the right of ownership of personal data. Attempting to unite both camps of supporters of a narrow interpretation of the information front is the Restricted Access / Limited Control (RALC) theory. Proponents of the broad-based approach view information primacy as important, but only one of the many substantive elements of constitutional law in favor. At the same time, the authors' exit beyond the information sphere when considering the content of the precedence can be considered progressive and more consistent with the essence of this right and its purpose in ensuring personal freedom and autonomy. In view of the author, revealing the content of the right to privacy, it should be borne in mind that the object of this right includes several areas (aspects), in each of which a person may be in different states of privacy, and the privacy itself has certain measurements. On this basis, information is regarded by the author as an element of the constitutional right of privacy, distinguished by the aspects of privacy and the form (method) of its objectification. Unlike other aspects of privacy, the informational aspect is detached from the physical body of the individual and exists independently, and relevant information continues to exist even after the death of the individual. Therefore, even the death of a person does not make sense of the information associated with that person, and sometimes even enhances its value and significance. It is noted that unlike other aspects of the case, information privacy has no states (such as loneliness, intimacy, anonymity, etc.); it merely provides information protection for such states and does not allow them to be disclosed without the consent of the entity itself.

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