Ensuring Human Rights within European and Inter-American Integration (Comparative Analysis)

10.12737/6625 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Светлана Грачева ◽  
Svetlana Gracheva ◽  
Елена Рафалюк ◽  
Elena Rafalyuk
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Traditions ◽  
Protection Of Human Rights ◽  
Legal Space ◽  
The Individual ◽  
Human Rights Standards ◽  
Economic Ties ◽  
Inter State

Human rights and freedoms and the guarantees of their security acquired the significance of the core values ​​of the legal process within the individual States and at the level of inter-state relationships. Integration processes and the creation of inter-state associations have had a significant impact on the development and effectiveness of systems to guarantee the rights and freedoms at the national, regional and global levels. Throughout the second half of the XX century, there is an active formation of systems of human rights protection in the various inter-state entities. The most ambitious of its distribution in space and effective in the context of the human right’s promotion are the European and Inter-American systems of human rights protection. The advantages of the regional human rights protection systems in comparison with the universal mechanisms to support them are: the availability of special territorial and legal space for human rights; the establishment of a list of standards for the protection of the rights and freedoms that are essential for the maintenance and sustainability of socio-cultural, political and economic ties within the appropriate space; the functioning of the interconnected competent supranational structures and institutions to provide within a specific territorial and legal environment protection of the rights and freedoms of the individuals. The protection of human rights is becoming a factor of the unification of the national legal order through the establishment of human rights standards within the legal space, covering a significant number of countries with common cultural, historical, political and legal traditions.

Measuring Violations of Human Rights Standards

2016 ◽  
Author(s):  
Mark Gibney ◽  
Linda Cornett ◽  
Peter Haschke ◽  
Reed M. Wood ◽  
Daniel Arnon
Keyword(s):  
Human Rights ◽  
The State ◽  
International Human Rights Law ◽  
Amnesty International ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Physical Integrity ◽  
Ordinal Measure ◽  
The Individual ◽  
Human Rights Standards

Although every violation of international human rights law standards is both deplorable and illegal, one of the major advances in the social sciences has been the development of measures of comparative state practice. The oldest of these is the Political Terror Scale (PTS), which provides an ordinal measure of physical integrity violations carried out by governments or those associated with the state. Providing data from the mid-1970s to the present, the PTS scores the human rights practices of more than 190 countries on a scale of 1–5, with 1 representing “best practices” and 5 indicating gross and systematic violations. There are two different sources for these scores: U.S. State Department Country Reports on Human Rights Practices and the Amnesty International Annual Report. Although human rights have traditionally been associated only with the state, individuals can also be denied human rights protection by non-state actors. To measure this, the Societal Violence Scale (SVS) has been created to analyze three sources of physical integrity violations: the individual; corporate or criminal gang activity; and armed groups. As globalization proceeds apace, states have an increased influence on human rights protection in other countries. Unfortunately, human rights data, such as the PTS, analyze only the domestic practices of states. In an effort to better understand the full extent of a state’s human rights performance, the Extraterritorial Obligations (ETO) Report is currently being constructed. The ETO Report will provide an important analysis of state human rights performance when acting outside its own territorial borders.

scholarly journals INTERNATIONAL LAW AND CHRISTIAN VALUES IN HUMAN RIGHTS

2016 ◽  
Vol 2 (127) ◽  
pp. 73-81
Author(s):  
M. Medvedieva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Historical Context ◽  
Human Embryos ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Christian Morality ◽  
Protection Of Human Rights ◽  
The Individual

The article considers the role of International Law in asserting Christian values in human rights protection. The author gives examples of harmonious interaction of International Law and Christian morality. According to the author, as a result of certain factors, International Law started to deviate from the principles of Christian ethics. As a result at the level of creating and implementing International Law there is a positive attitude or indifference to such destructive practices that destroy the individual, family, society, state as abortion, surrogacy, change of sex, same-sex unions, euthanasia, cloning, genetic modification, research on human embryos, etc. The article deals with these trends mainly on the example of the European model of human rights. The author analyzes the practice of interpretation and application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) by the European Court of Human Rights regarding the aforementioned issues and concludes that in many cases the Court goes away from the historical context of the adoption of the Convention, creates new rights, and in its judgments does not take into account the arguments of a state concerning the protection of public order and public morality that looks like a dangerous trend for the International Law functioning.

scholarly journals Human Rights. Protection and enforcement

2021 ◽  
pp. 141-148
Author(s):  
V. V. Vynokurov
Keyword(s):  
Human Rights ◽  
Skin Color ◽  
The State ◽  
Legal Responsibility ◽  
State Responsibility ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Individual

The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual. Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.

scholarly journals Documentation: International Legal Human Rights Framework

2014 ◽  
Vol 33 (3) ◽  
pp. 131-165 ◽  
Author(s):  
Theodor Rathgeber
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Protective Capacity ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Asean Member ◽  
Protection Of Human Rights ◽  
International Human ◽  
Human Rights Standards

While the ASEAN Charter of 2007 heralded an era of improved democracy, human rights protection and good governance in accordance with the rule of law, the reality on the ground tells a different story. While all of the trappings of a human rights mechanism are in place, the normative and protective capacity of the regime is ambiguous at best. The adoption of core international human rights treaties by ASEAN member states presents an ambiguous picture, one which reveals significant variations between the ten countries. The purported institutionalisation of international human rights standards since 2007 in the region via the creation of an ASEAN human rights mechanism in that year is betrayed by the poor condition of actual protection of human rights at the national and regional level. The article analyses the situation on the ground in light of the normative obligations and aspirations of the states.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

scholarly journals Improving Human Rights Protection on the national and the European Level

2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Level ◽  
Human Rights Protection ◽  
Current State ◽  
European Court ◽  
Protection Of Human Rights ◽  
Venice Commission ◽  
Effective Remedy ◽  
The Individual

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

scholarly journals Law, Cosmopolitan Law and the Protection of Human Rights

2008 ◽  
Vol 4 (2) ◽  
pp. 241-264 ◽  
Author(s):  
Sarah Sorial
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Positive Law ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Cosmopolitan Law ◽  
Human Rights Discourse ◽  
Subjective Rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

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