Cultural Human Rights and the Problems of their Implementation in the Modern World

2019 ◽  
Vol 9 (5) ◽  
pp. 1591
Author(s):  
Aksunkar I. BIRMANOVA ◽  
Galym KOZHAKHMETOV ◽  
Maira Sh. KAKIMOVA
Keyword(s):  
Human Rights ◽  
Action Plan ◽  
Legal Regulation ◽  
Modern World ◽  
International Level ◽  
Legal Analysis ◽  
Effective Mechanism ◽  
Cultural Rights ◽  
The World ◽  
Scientific Substantiation

Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.

Human rights in information society in the context of globalization

2021 ◽  
pp. 91-103
Author(s):  
Marina Haustova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Modern Society ◽  
Legal Regulation ◽  
Modern World ◽  
Main Body ◽  
The World ◽  
New Challenges ◽  
Legal Globalization ◽  
The Impact

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

scholarly journals Legal measures to Expand the Access to Treatment during the Pandemic in Ukraine and in the World

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 34-48
Author(s):  
O. Y. KASHYNTSEVA ◽  
◽  
M. M. TROFYMENKO ◽  
Keyword(s):  
Human Rights ◽  
Access To Medicines ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Access To Treatment ◽  
Compulsory Licensing ◽  
Patent Rights ◽  
The World ◽  
The Government ◽  
Managed Entry Agreements

The article concerns the comparative legal analysis of managed entryagreements (MEAs), compulsory licenses on inventions and the use of pat-ented inventions without the permission of an owner of the patent rights in order to ensure the health of the population and in emergency circum-stances. The authors determine the essential conditions and special fea-tures of such agreements. In article the authors present the analysis of theinternational legal regulation of the market of patent rights in the field ofpharmacy. Managed entry agreements are the effective legal instrumentfor ensuring access to innovative medicines, which are still in the post-clin-ical stage, while the compulsory licensing and the government use in thepublic interests could expand access to generic versions of medicines. All ofmentioned legal measures are available in Ukrainian legislation, but noneof them has been used yet. Key words: managed entry agreements, compulsory licenses, govern-ment use, intellectual property, human rights, access to medicines.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals History of World and Russian Mammoth Studies

2020 ◽  
pp. 1163-1181
Author(s):  
Vladimir S. Luzan ◽  
Alexandra A. Sitnikova ◽  
Anastasia V. Kistova ◽  
Antonina I. Fil’ko ◽  
Julia S. Zamaraeva ◽  
...  
Keyword(s):  
Cultural Practices ◽  
Far East ◽  
Legal Regulation ◽  
Modern World ◽  
Russian Culture ◽  
Art Collectors ◽  
The North ◽  
Legal Provisions ◽  
The World ◽  
Historical Comparative

The article is devoted to the study of the concept of the mammoth in regulatory documents and cultural practices. The analysis of both Russian and international experience allowed to generalise the existing legal provisions regarding the regulation of mammoths, as well as to determine the role of mammoths in the world and Russian culture, including the culture of the indigenous peoples of the North, Siberia and the Far East. The methodological basis of the study is represented by the comparative analysis of sources and materials, historical-comparative and chronological methods, the historiographic method, as well as methods of philosophical and art history analysis. The study revealed the fact that in the field of legislation and legal regulation of extraction and sale of mammoth ivory in the world, the issue of the status of mammoths is raised only in connection with a discussion of the survival of rare species of elephants. Measures to prevent extermination of elephant population, encompassing a ban on trade, including trade of mammoth ivory, cause heated discussions and are controversial for craftsmen, antique dealers and art collectors. The issue of legal regulation in this area is particularly acute for the Russian Federation, due to the lack of a finalised legal and regulatory framework, both at the federal, regional and municipal levels. The image of the mammoth in the world and Russian culture is embodied in a number of visual practices. These are heraldry, animation, book graphics, sculpture and fine art. Sign and symbolic forms of the mammoth embody religious and mythological characteristics of the animal, demonstrating its significance in people’s worldview, as well as indicating of the “living” memory of it in the modern world

The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Moral Foundations ◽  
Political Rights ◽  
Land Resources ◽  
Way Of Life ◽  
Cultural Rights ◽  
The World ◽  
Civil And Political Rights ◽  
Rights Issue

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.

The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions

Legal Concept ◽  
2021 ◽  
pp. 195-204
Author(s):  
Alexey Anisimov ◽  
◽  
Olga Popova ◽  
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
Genetically Modified ◽  
Genetic Research ◽  
World Market ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Method ◽  
The World

Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.

Needs and Capabilities

2005 ◽  
Vol 57 ◽  
pp. 229-251 ◽  
Author(s):  
Sabina Alkire
Keyword(s):  
Human Rights ◽  
Millennium Development Goals ◽  
International Level ◽  
Absolute Poverty ◽  
Cultural Rights ◽  
Development Goals ◽  
Local Perspective ◽  
Definition Of ◽  
Sustained Responses

How should actions to redress absolute human deprivation be framed?1 Current international coordinated actions on absolute poverty are framed by human rights or by goals such as the Millennium Development Goals. But appropriate, effective and sustained responses to needs require localized participation in the definition of those rights/goals/needs and in measures taken to redress them. Human rights or the MDGs do not seem necessarily to require such processes. For this reason some argue that no universal framework can describe economic, social, or cultural rights. Yet to address absolute poverty purely from the local perspective still requires the identification and prioritization of capabilities or needs, and often requires actions by greater-thanlocal institutions, so in practical terms a framework is not rejected without cost. This paper argues that the identification and prioritisation of rights or MDGs can and should be done at an international level, but that they might be framed as capabilities, and that far greater attention need be given to the iterative specification of these rights, and to the ongoing protection of certain agency freedoms. The paper explores how Wiggins' account of need can fruitfully inform the specification of needs claims. It also draws significantly on Sen's work to identify the intrinsic importance of process and opportunity freedoms, and to identify how these can relate to universal priorities.

scholarly journals Homo Manifestans or Artistic Interpretation of Social Upheavals at the Beginning of the XXIst Century

2018 ◽  
pp. 79-86
Author(s):  
Oleksandr Butsenko
Keyword(s):  
Human Rights ◽  
Modern World ◽  
Sociological Analysis ◽  
Social Time ◽  
Diverse Background ◽  
Art Works ◽  
The World ◽  
Artistic Interpretation ◽  
Xxist Century ◽  
Alternative Principle

The paper analyses the interrelation between different methods of cognition of the modern world and its inward processes, in particular, social upheavals at the beginning of the 21st century which are enquired with varied tools: artistic interpretation, sociological analysis, philosophical insight and historical evaluation. Building on the pictorial suite Mani-Festa by well-known Catalan modern artist Antoni Miró (b. 1944), the paper addresses causes, nature and visible outputs of the global phenomenon named “people on streets” using thoughts, considerations, views and conclusions of such scientists, thinkers, writers and historians as Z. Bauman, L. Donskis, M. Castells, R. de la Calle, M. Shore, R. Dasgupta and others. The analysed Catalan artist reflects in faces of his protagonists the collective image of the struggle for human rights, paraphrasing R.de la Calle. It is a collective image of some spiritual unity which emerges around a common objective uniting people of diverse background, professions, nationalities, age. Analysing the creative interpretation of “social context” by the case of art works of the Catalan painter, Antoni Miró, the author demonstrates how the thoughts, suggestions and conclusions of related disciplines – sociology, philosophy and history, existing in a given social time, are condensed in artistic expressions. And sometimes, it is a work of art or a work of literature that could help to understand better the ongoing processes and phenomena of surrounding world providing deeper, more comprehensive and more emotional vision. Along with mentioned thinkers and writers, the artist puts the question: what would be then, after the building ground, as Z. Bauman coined, has been cleaned. Should it be a new – perhaps, creative – and better solution for the world affirming the “there-is-no-alternative” principle.

scholarly journals The Role of International Law as a Specific Legal System in Overcoming the Issues of Inter-Cultural Collaboration and Social Integration Related to Migration Processes in the Modern World

Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 6-10
Author(s):  
Aleksey I. Klimenko ◽  
Keyword(s):  
Social Integration ◽  
International Law ◽  
Legal Consciousness ◽  
Modern World ◽  
International Level ◽  
Legal Requirements ◽  
Intercultural Interaction ◽  
Functional Potential ◽  
The World

The article is devoted to the functional potential of international law as an ideological form of law in overcoming the problems associated with migration processes. Currently, migration is an unavoidable objective (and generally positive) phenomenon. However, it gives rise to a number of problems, among which the main problem is the problem of intercultural interaction and the integration of migrants in the recipient society. This process is often a painful process for both the migrant and his new social environment. It is the problem of social integration that often gives rise to the problem of a conflict between the migrant’s legal consciousness and the external legal requirements of a politically organized society. Using the socio-axiological approach, the author considers the conventional mechanism for synthesizing legal values, which are understood as a kind of super cultural meta-values, and comes to the conclusion that many of them are being formed today at the supranational — international level. The author comes to the conclusion that it is in the space of international legal discourse in the framework of international law as a special ideological form of law that basic, minimal, and therefore universal legal values can be formed. These values, as international law develops as an ideological form of law and its influence on national and international integration legal systems grows, people around the world can rely on in developing strategies of behavior, regardless of their habitat. In this, the author sees the solution to a number of important problems related to intercultural interaction, which is caused by the activation of migration processes in the modern world.

scholarly journals ANALYSIS OF THE STATE OF CYBER SECURITY IN THE LEADING COUNTRIES OF THE WORLD

2019 ◽  
pp. 6-13
Author(s):  
Yurii I. Khlaponin ◽  
Svitlana V. Kondakova ◽  
Yevheniia Ye. Shabala ◽  
Liliia P. Yurchuk ◽  
Pavlo S. Demianchuk
Keyword(s):  
Information Security ◽  
Social Relations ◽  
Cyber Security ◽  
Developed Countries ◽  
Legal Regulation ◽  
Cyber Attacks ◽  
The State ◽  
Modern World ◽  
Electronic Communications ◽  
The World

The article is devoted to the study of trends in cybercrime, which is a threat to the country's information security. The place and role of cybersecurity in the system of national security are determined. The state of the system of protection against cyber attacks in the developed countries of the world, such as France, Japan, China, South Korea and the United Kingdom, was analyzed. The main shortcomings and perspectives of protection of cyberspace are revealed. The use of modern information technologies in state structures, as well as in society in general, proposes solving information security problems as one of the main ones. The economy, logistics and security of the country increasingly depend on the technical infrastructure and its security. To improve the effectiveness of the fight against cybercrime, developed countries have long started the appropriate work needed to create their own cyber security strategy. Incidents in the field of cybersecurity affect the lives of consumers information and many other services and cyber attacks aimed at various objects of infrastructure of electronic communications systems or technological processes management. Modern world trends in the development of cybercrime and the strengthening of cyber attacks indicate an increase in the value of combating it for the further development of society, which in turn predetermines the assignment of certain groups of social relations of the cybersphere to the competence of legal regulation. The current situation with cybercrime requires constant improvement of methods the fight against cybercrime, the development of information systems and methods aimed at ensuring the cyber security of the country. Necessary tasks are the development of a national strategy on cybersecurity, which will include tactical and strategic priorities and tasks in this area for state bodies. So, the issue of cyberspace security, the fight against cybercrime is relevant both at the international level and at the level of the individual country, and therefore needs further consideration.

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