scholarly journals SECURITY AND PROTECTION OF SOVEREIGNTY IN THE CONTEXT OF PRESERVING THE CONSTITUTIONAL IDENTITY OF RUSSIA

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 23-29
Author(s):  
E. Е. Barinov ◽  
Keyword(s):  
Human Rights ◽  
The State ◽  
Theoretical Justification ◽  
Partial Synchronization ◽  
Selective Action ◽  
Security And Protection ◽  
The Face ◽  
Legal Model ◽  
Sociocultural Values ◽  
Constitutional Identity

The article discusses ways to protect constitutional identity in the face of serious pressure on the traditional sociocultural values of the peoples of Russia. The author proves the need for a comprehensive theoretical justification of optimal legal methods to counter modern geopolitical threats, including by protecting constitutional sovereignty and ensuring constitutional security. According to the author, the constitutional-legal model of the organization of life of society and the state should be based on solidarity of public notions and traditional sociocultural values. The partial synchronization of legal systems, necessary for the normal coexistence of various states, does not imply their complete unification. However, the development of clear criteria for classifying these or those norms as defining national constitutional identity requires a serious ideological and scientific-theoretical justification. At the same time, it should be borne in mind that Russia is a multinational and multiconfessional state, which greatly complicates the identified problem. The author believes that the protection of constitutional sovereignty should not harm world cooperation in the field of protecting human rights and create the prerequisites for using constitutional identity as an instrument of «selective» action. Having positively assessed the constitutional legal consolidation and justification of the mechanism for overcoming constitutional and conventional conflicts, the author advocates the need to continue the «dialogue» between the bodies of constitutional and conventional justice.

Çiçek v. Turkey

2001 ◽  
Vol 12 (1-2) ◽  
pp. 85-91
Keyword(s):  
Human Rights ◽  
Mental Distress ◽  
Use Of Force ◽  
The State ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Face ◽  
Effective Remedy ◽  
The Right

The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.

scholarly journals The Function of Diplomatic Missions in Times of Armed Conflict or Foreign Armed Intervention

2012 ◽  
Vol 81 (4) ◽  
pp. 387-406
Author(s):  
J. Craig Barker
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Responsibility To Protect ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Face ◽  
Armed Intervention

This article examines Raoul Wallenberg’s work as a diplomat in Budapest between June 1944 and January 1945. It suggests that Wallenberg’s legacy was initially very limited as a result of the state-centric approach to the codification of diplomatic law in the Vienna Convention on Diplomatic Relations 1961. Nevertheless, it is argued that the emergence of the so-called “new” diplomacy, coupled with the developing notion of “responsibility to protect” in the face of gross violations of human rights, such as those faced by Wallenberg, have opened up the possibility for diplomats to engage in the process of protecting civilian populations in times of internal strife

scholarly journals O direito estatal à suspensão das obrigações do Pacto Internacional de Direitos Civis e Políticos | The state right to the suspension of the obligations of the international covenant on civil and political right

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 32 (1) ◽  
pp. 27-48
Author(s):  
Vivianny Galvão
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Political Rights ◽  
Human Rights Council ◽  
The Face ◽  
Civil And Political Rights ◽  
Jus Cogens ◽  
The Right ◽  
Political Right

O direito estatal à suspensão das obrigações do Pacto Internacional de Direitos Civis e Políticos Resumo: Este artigo dedica-se à análise do artigo 4.º do Pacto Internacional de Direitos Civis e Políticos de 1966, com especial atenção à interpretação do direito estatal à suspensão das obrigações internacionais. Cabe, atualmente, ao Conselho de Direitos Humanos das Nações Unidas a tarefa de investigar os casos em que esta suspensão acontece, bem como fiscalizar os motivos da suspensão e estabelecer os parâmetros considerados legítimos. Os direitos humanos trazidos pelo Pacto Internacional sobre os Direitos Civis e Políticos, além dos demais tratados em matéria de direitos humanos, limitam o direito estatal de suspensão. As medidas aplicadas pelo Estado que evocam o direito de derrogação precisam ser consideradas estritamente necessárias e sua adoção, fundamentada e temporária; caso contrário, o Estado derrogador será considerado violador das obrigações assumidas na ordem internacional. Somente o instrumento da denúncia é capaz de desobrigar o Estado dos acordos firmados e, ainda assim, essa desvinculação não alcançariam em tese certos costumes internacionais nem, tampouco, as normas de ius cogens ou obrigações erga omnes. Infere-se que a lógica do artigo 4.º, também presente na Convenção Europeia de Direitos Humanos, está norteada pela preservação do Estado Democrático de Direito conforme se extraiu da criação da categoria dos direitos irrevogáveis. Além disso, mesmo diante da possibilidade de suspensão parcial e temporária dos direitos, o Conselho de Direitos Humanos não deixa de fiscalizar a atuação do Estado, pelo contrário, esse Conselho passa a emitir recomendações mais contundentes contra o Estado. Palavras-chave: Direito de suspensão. Direitos humanos. Direito Internacional. Pacto Internacional de Direitos Civis e Políticos. _____ The state right to the suspension of the obligations of the international covenant on civil a: nd political right Abstract: This article is devoted to the analysis of the article 4 of the International Covenant on Civil and Political Rights (ICCPR), 1966, with special attention to the interpretation of state law to the suspension of international obligations. The UN Human Rights Council is now responsible for investigating the cases in which this suspension takes place, as well as monitoring the reasons for the suspension and establishing the parameters considered legitimate. The human rights brought by the ICCPR, in addition to the other human rights treaties, limit the State's right to suspend. The measures applied by the State that evoke the right of derogation must be considered strictly necessary and the adoption, substantiated and temporary. Otherwise, the derogating State shall be considered as violating the obligations assumed in the international order. Only the instrument of denunciation can release the State from the agreements reached and, even so, that untying would not achieve in theory certain international customs nor the norms of jus cogens or obligations erga omnes. It is inferred that the logic of Article 4, which is also present in the European Convention on Human Rights, is guided by the preservation of the Democratic Rule of Law as derived from the creation of the category of irrevocable rights. Moreover, even in the face of the possibility of partial and temporary suspension of rights, the Human Rights Council does not cease to supervise the actions of the State; on the contrary, this Council is issuing more forceful recommendations against the State. Keywords: Human rights. International Covenant on Civil and Political Rights. International Law. Right of suspension.

scholarly journals DA MEDIAÇÃO E CONCILIAÇÃO EM AUDIENCIAS TRABALHISTAS NO CONTEXTO PANDÊMICO

2021 ◽  
Vol 4 (4) ◽  
pp. 209-227
Author(s):  
Francislaine de Almeida Strasser ◽  
Nayara Maria Silvério da Costa Dallefi ◽  
Lícia Pimentel Marconi ◽  
André Soares Sartoro
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Rights ◽  
Legal Certainty ◽  
Historical Aspects ◽  
The Face ◽  
The Law

Social rights are fundamental rights, with praise in the Universal Declaration of Human Rights, being the State responsible for its supervision and effectiveness.However, it is well known that it is often not fully enforced, which is why the Labour Court becomes a very important body for achieving legal certainty not only for workers' rights, but also for analysing the contradictory and broad defence, by employers.As a means of resolving this dispute between the parties, conciliation and mediation are one of the most valuable ways of trying to pacify this dispute and of possibly satisfying social rights that have not been applied, and that in relation to the latter is the best to be used as correct terminology, adding the fact that Labor Justice is the pioneer in its application in the law of the fatherland.This method has also been of great value in the present times, providing legal certainty between the parties, in the face of the COVID-19 pandemic and the need for continuity of the work of the Judiciary Branch in a remote way, noting further, that in relation to the production of evidence, it is divergent, but in relation to mediation in the audience, there is no doubt that it is agrand method to be applied.To achieve the specific objectives, the method used was deductive, starting from the general premise on the concept of Mediation and Conciliation and for that, bringing this approach on social rights, as a fundamental right andits historical aspects.

scholarly journals Resilience in institutionalized adolescents without parental care in the state of Morelos México

2020 ◽  
pp. 6-10
Author(s):  
Dulce Areli Gómez-Esquive ◽  
María Araceli Ortiz-Rodríguez
Keyword(s):  
Human Rights ◽  
Statistical Analysis ◽  
Parental Care ◽  
Social Institutions ◽  
Research Topic ◽  
The State ◽  
Healthy Development ◽  
The Face ◽  
Age Range ◽  
Institutionalized Adolescents

Introduction. Resilience has been proposed as a novel research topic in environments with vulnerable populations, since it promotes healthy development in the face of adverse circumstances. In the case of adolescents without parental care, foster care in social institutions has been one of the resources most used by the State to offer protection and guarantee the human rights of girls, boys and adolescents in Mexico, who may or may not present a disability and who lack a father, mother or guardian, for which by means of these institutions they guarantee the healthy development of minors. Objective. Analyze the levels of resilience in institutionalized adolescents without parental care, with and without disabilities. Method. Analytical transversal. The Asylum Anomie and Nominal Resilience Inventory (IAAR) was applied. 29 adolescents (men) with an age range of 12 to 19 years participated, 24 without disabilities (SD) and 5 with disabilities (CD). Statistical analysis was performed using the SPSS v.25 program. Results. 17 adolescents (58.6%) presented resilience, 12 (41.3%) did not present resilience according to the IAAR. Conclusions. In our study, more than half of institutionalized adolescents show resilience according to the IAAR.

Democracies and International Law

2021 ◽  
Author(s):  
Tom Ginsburg
Keyword(s):  
Human Rights ◽  
International Law ◽  
Balance Of Power ◽  
Authoritarian Regimes ◽  
The State ◽  
Legal Order ◽  
International Legal Order ◽  
The Face

Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.

Disrobed and dissenting bodies of the Meira Paibi: Postcolonial counterpublic activism

2019 ◽  
Vol 4 (3) ◽  
pp. 239-252
Author(s):  
Minu Basnet
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Postcolonial Studies ◽  
The State ◽  
Human Rights Violations ◽  
Northeast Region ◽  
The Face ◽  
The Creation

In this essay, I explore Manipur-based women’s group called Meira Paibi as a postcolonial counterpublic. I suggest that when we use the lens offered by counterpublic studies and postcolonial studies, we can trace activism that delivers a sharp critique on the politics of a democracy. The current research on Meira Paibi’s activism has specifically focused on their naked protest of 2004 and their peacebuilding activities in the northeast region in India. While scholarship on the Meira Paibi offers critiques on their activism in the face of human rights violations and the postcolonial condition of the state, their impact in relation to the Indian democracy is lacking. Therefore, in this essay, I focus on the creation of the Meira Paibi postcolonial counterpublic that not only seeks to maintain order in the midst of chaos but also challenges the Indian democracy and poses a threat to its neoliberal aspirations in Southeast Asia.

scholarly journals Digital Profile: Main Risks for Constitutional Human Rights in the face of Legal Uncertainty

Lex Russica ◽  
2021 ◽  
pp. 88-101
Author(s):  
A. N. Mochalov
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Legal Regulation ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
Depth Analysis ◽  
The Face ◽  
Monitoring And Forecasting ◽  
The Right

The paper considers the main threats to human rights in connection with the introduction of digital profiles in the Russian Federation. Rights such as the right to privacy and the right to dignity are most at risk. In addition, the risk of discrimination increases. Analyzing the current legal regulation of the digital profile, the author concludes that it does not meet the criterion of legal certainty and creates increased risks of intrusion of the state and private structures into the sphere of a person’s private life. Despite the fact that currently digital profiles of citizens are only a set of official information contained in some state information systems and public registers, according to the author, in the future, this infrastructure can be used for profiling people, in-depth analysis, monitoring and forecasting their behavior, as is already done today by some other states and nongovernmental organizations.The legal regulation of the digital profile should be based on special guarantees of human rights in connection with the collection and processing of personal information about citizens available to the state. Among such guarantees, the author includes, in particular, the establishment in the law of a list of information that cannot be part of a digital profile of a citizen or be otherwise related to it, a list of unacceptable purposes for using digital profiles, as well as the establishment of the obligation of operators to inform subjects in an accessible form about the facts and legal consequences of profiling, about the principles and logical schemes underlying profiling.

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