Non-governmental organizations in Russia and abroad: actual issues of legal status and functioning

10.12737/1930 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 87-93
Author(s):  
Владлена Лысенко ◽  
Vladlena Lysenko
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International System ◽  
Legal Framework ◽  
Scientific Article ◽  
Freedom Of Association ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
The Right

The author has attempted to look at the phenomenon of non-governmental organizations from international and national legal points of view, to investigate the legal nature, place and role of NGOs in contemporary constitutional and international system, to explore and identify various forms and ways of the right for association, to analyze international legal and national sources on the topic, compare them and draw appropriate conclusions. The article analyzes the problems of civil society and human rights in the domestic and international legal dimension. Given the different definitions and approaches to the study of the legal status and activities of non-governmental organizations, this article uses the author’s definition of a public association, which is based on the right of everyone to freedom of association. The paper sets out a number of general theoretical and methodological recommendations to help improve the activities of public associations, the development of the legal framework of their functioning, enhance their prestige and influence among the citizens, a gradual reduction of conflict in society, the achievement of civil, political and legal consensus. Theoretical basis of scientific article are works of Russian and foreign scientists on common issues of law, human rights issues and activities of the legal status of public associations, as well as works on philosophy, sociology, history, political science and international relations.

Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

scholarly journals Big Data and "New Surveillance": Is International Regulation Feasible?

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leanne Winkels
Keyword(s):  
Human Rights ◽  
Big Data ◽  
International System ◽  
Personal Data ◽  
Legal Framework ◽  
Right To Privacy ◽  
International Regulation ◽  
The Right To Privacy ◽  
Nation States ◽  
The Right

The collection and analysis of individuals data by governments and organizations is an area that lacks overarching protection at the international level, there is potential for an international system monitoring the use of Big Data and providing protections against violations of the right to privacy among other human rights laws. This paper outlines the policy background, then analyzes the use of Big Data through case studies of collection of data on LBTQ+ in Russia, and Uyghur Muslims in China’s Xinjiang province. After establishing the potential for abuses and violations of human rights and the right to privacy through unfettered access to personal data, this paper then considers proposed models to assess and protect human rights in this area, and looks at the potential for the development of an international monitoring system. To take steps towards developing an international legal framework of data protection I argue that the use of international norms to create monitoring bodies, and treaty law between nation-states and also international organizations can be utilized to develop such a framework. 

Part 5 Cross-Cutting Issues, 5.4 Defenders of Freedom of Religion or Belief and Non-Governmental Organizations

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
Faith Based ◽  
Governmental Organizations ◽  
Community Associations ◽  
Non Governmental Organizations ◽  
Faith Based Organizations ◽  
Fact Finding ◽  
The Right ◽  
Standard Terms

Freedom of religion or belief has long depended on advocates and human rights defenders to ensure its normative development and its protection. Human rights defenders serve as an essential counterpart to States in advancing freedom of religion or belief by operating within charities, non-governmental organizations (NGOs) or international non-governmental organizations (INGOs), faith-based organizations, interfaith organizations, or community associations. Though the 1981 Declaration and the 1998 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms are silent on their contributions, their role has been welcomed by numerous freedom of religion or belief mechanisms and mandate-holders. Yet, their contributions are hampered by reprisals against human rights defenders and intimidation against mandate-holders, in sharp contrast with the Standard Terms of Reference for Fact-Finding Missions. Ombudspersons, faith-based organizations, INGOs, and NGOs have an important role to play regarding freedom of religion or belief and need to ensure non-discrimination in their activities.

scholarly journals The Role of NGOs (Non-governmental organizations) in Participatory Prevention of Environmental crimes

2020 ◽  
Vol 24 ◽  
pp. 16
Author(s):  
Shirin Aghajani
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Research Method ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Right ◽  
Development And Environment

Crimes against the environment are actions that in certain circumstances cause Pollution, destruction or damage to the environment. The importance of preventing these crimes is because it relates directly to the health of human beings. Today non-governmental actors play an important role in the national and international arena.The Geographical diversity of activities and their different functions has led to state actors cannot be indifferent to the role of these new actors. NGOs are involved in two "competing" or "partner" forms of governments. In issues related to human rights, these to be a competitor to governments. While in the case of issues such as health development and environment it is considered as a partner of governments. In Iran's legal system the action role of these organizations in regard to environmental protection is undeniable: But there is still a lot of vacuum at the reactionary stage: must provide suitable substrates for the active Participation of this actors in environmental litigation: In a way that they can achieve a favorable position in criminal proceedings: Also, the organization of NGOS as the right hand of governments in helping to solve these problems has also a special place. The research method was descriptive-analytic and the date was collected as a library. In this research we decided to investigate the role of grassroots institutions in preventing environmental crime and accomplish the strengths and weaknesses of these institutions.

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

The reality of human rights in Egypt after the January 2011 revolution A study in reports of international non-governmental organizations

2020 ◽  
pp. 143
Author(s):  
Hussam Mamdouh Khero
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Political System ◽  
The Political ◽  
Amnesty International ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Right ◽  
The Revolution

The research in our hands seeks to reveal the reality of human rights in Egypt after the January 2011 revolution and has the revolution succeeded in achieving its slogans of (living, freedom, and social justice) as it succeeded in removing former President Mohamed Hosni Mubarak? The research also seeks to solve the problem related to the Egyptian human rights, which links the security of the Egyptian citizen and his rights, as the researcher assumes that the political system that forms on the ruins of Mubarak’s rule put the Egyptian citizen between these two options without the right to enjoy both, so long as security is weak, there is no room to talk about human rights . The researcher has relied on the reports of Amnesty International and Human Rights Watch as two international non-governmental organizations specializing in human rights and they have experience in this file the big thing, so we examined their reports for the years after the January revolution in study and analysis in our endeavor to prove the hypothesis that the researcher started and which we explained above.

Rozwój uniwersalnej ochrony praw człowieka

2016 ◽  
Vol 14 (14) ◽  
pp. 81-98
Author(s):  
Dawid Michalski
Keyword(s):  
Human Rights ◽  
Developmental Stages ◽  
International Community ◽  
Fundamental Rights ◽  
Contemporary World ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
Globalized World ◽  
Individual Human

The development of human rights in contemporary world was possible due to the application the achievements of legal philosophers. First of all, medieval thinkers laid the groundwork for today’s organized system of recognizing the important values which today define universal human rights. The United Nations, as the successor of the concepts of the League of Nations, is the entity which internationalized this issue. Trying to create a definition of human rights draws attention to the essential value of this concept, that is, dignity and freedom. Despite the difficulties in formulating a clear definition it was tried to describe them and extract the directory common. Analyzing human rights from the perspective of developmental stages, it turns out that at the stage of conceptualization it appeared in the issue of separation of fundamental rights of units. Thus, when juridification has ensured the rights arising from the philosophical concepts, which proved to be universal values also in the modern globalized world. However, this does not mean that the process was hassle-free. Specific problems inherent in the international community, like the lack of unanimity in crucial matters, significantly lengthened the process. Initially, it was not possible to work out effective mechanisms of protection, and only demands were developed. Only by historical changes and the important breakthrough events, legal and international efforts became possible to undertake joint efforts to ensure and guarantee the protection of individual human rights. These activities resulted in the adoption of multilateral normative acts, the provisions of which have proved to be fundamental to the contemporary activities of the international community and non-governmental organizations for the protection of individual human rights.

scholarly journals RIGHTS! Civil and Human Rights Law Portal

2021 ◽  
Vol 49 (1) ◽  
pp. 7
Author(s):  
Dominique Hallett
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Human Rights Law ◽  
Saint Louis ◽  
Non Profit ◽  
Saint Louis University ◽  
Governmental Organizations ◽  
Hand Column ◽  
Non Governmental Organizations ◽  
The Right

On September 1, 2020, LLMC, a non-profit Minnesota-based consortium of law libraries, launched the open-access portal RIGHTS! (http://www.llmc.com/rights/home.aspx). If you are looking for primary materials such as current constitutions, human/civil rights acts, Non-Governmental Organizations’ websites, advocacy organizations, and other resources specifically dealing with injustices regarding marginalized parties, this is the place to look. Their stated mission is preserving legal titles and government documents, while making copies inexpensively available digitally through its on-line service, LLMC-Digital (http://www.llmc.com/about.aspx). The original intent was to focus on primarily US and Canadian sources, as seen by the dropdown navigation on the left of the site, but the site also includes other international sources. The page opens at the “Civil and Human Rights Law Portal—Global,” which includes links to various government organizations, judicial information, non-governmental organizations, research and education resources and various documents from different countries. The RIGHTS! site can also be reached through the parent page (http://LLMC.com) with the link to RIGHTS! Located in the right-hand column. The RIGHTS! Portal is sponsored by the Vincent C. Immel Law Library at Saint Louis University.

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