International Responsibility of the State and Individual Criminal Responsibility in the International Protection of Human Rights

2005 ◽  
pp. 151-160
Author(s):  
Clara Kelliany Rodrigues De Brito ◽  
André Pereira Matos

Considering the great recession of the world economy, several states through their rulers, aiming at increasing economic indices through an adoured race for results, end up violating various human rights, including social rights that enjoy international protection. This unbridled search for economic stability through rapid growth is clashed with labor law, which has been suffering in a systemic way several violations consecrated not only in domestic law but also in international law. The present work aims through a careful analysis to demonstrate such violations of rights already enshrined internationally due to the Coronavirus pandemic and the possible international accountability of the State for such conduct based on international human rights protections.


Author(s):  
Marina Aleksandrovna Kalievskaya

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.


2020 ◽  
Vol 16 (2) ◽  
pp. 157-165
Author(s):  
Екатерина Шипова

International and regional human rights law offers a normative basis for researches conducted with human participation. Despite the fact that the goal of conducting medical researches, including genomic researches, is to obtain new knowledge, it should never prevail over human rights and freedoms. This principle goes through all international legal acts relating to bio-medical researches and the human genome. Aim: analysis of the existing regulatory and ethical framework for conducting genomic researches at the international level. Methods: empirical methods are used: comparison, analysis and synthesis, generalization, description; special methods: comparative legal, logical, systemic. Results: the study examines the basic regulatory and ethical framework for conducting genomic researches at the international level. The basic principles of the protection of human rights and freedoms during genomic research are formulated, which are enshrined in international regulatory and ethical acts.


2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.


2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.


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