scholarly journals Use and Application of Firearms by the Police in the Light of Human Rights Standards in Poland

2020 ◽  
pp. 363-378
Author(s):  
Włodzimierz Fehler
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Statistical Data ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Human Rights Standards ◽  
General Frames ◽  
Descriptive Method

The article is devoted to the assessment of the rules, possibilities and manners of using and applying firearms by the Police in terms of compliance with human rights. The first part of the study contains analyses focusing on general frames for the use and application of firearms and circumstances giving premises for the use or application of these arms. In the next section, the discussion covers the conduct of law enforcement officials preceding the use of firearms and refers to the question of the so-called special use of firearms. The content of the final part of the article covers mechanisms preventing abuse regarding the use and application of firearms and procedures for situations of breaching legal regulations for the use of such arms. The article closes with the summary where, based on the analyses of existing solutions and available statistical data, a conclusion is made that the Police exercise proper caution so as to ensure the observance of human rights in relation to holding legislative power to use and apply firearms. The key methods applied while preparing this article were the legal analysis and the institutional analysis. In the alternative, a descriptive method with the application of the critical analysis of the literature on the subject was also employed.

scholarly journals On The Role of Modern Doctrines on Human Rights (International Legal Examination)

2019 ◽  
Vol 9 (1) ◽  
pp. 5155-5158
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Criminal Court ◽  
Legal Analysis ◽  
The European Union ◽  
European Court ◽  
The Subject ◽  
Rational Consideration ◽  
Human Rights Standards

The modern doctrines on human rights, which are proposed to be considered in the context of their implementation in international legal practice, are the subject of theoretical and legal analysis in the paper. It is noted that human rights have come a long way in their formation, design and subsequent genesis, and they have finally formed by the end of the last century, and it seems that now all the necessary conditions have been created for their philosophical, legal, axiological analysis and relevant rational consideration of human rights. The advantages of international law in the field of human rights are listed; namely, it is noted that international human rights standards are universal in nature and are binding based on which states are obliged to ensure a minimum standard of those rights and freedoms that are enshrined in international acts, There are listed in the paper advantages of international legal regulation regarding human rights and freedoms, such as the supranational, mandatory and imperative nature of international acts; guarantees of protection and the possibility of restoring violated rights and freedoms of citizens; a man-centred approach in resolving disputes and conflicts arising in international practice. The role of international bodies such as the International Criminal Court, the International Tribunal for the Law of the Sea, the Court of the European Union, the European Court of Human Rights, the International Tribunals for Rwanda and the Former Yugoslavia, and the Special Court for Sierra Leone, is emphasized. Particular attention is paid to the principle of presumption of innocence, which has fundamental and quintessential characteristics in the field of human rights.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

"PERSONAL MORALITY" AS A PHENOMENON OF RESPECT FOR HUMAN RIGHTS AND FREEDOMS

2017 ◽  
Author(s):  
Veronika Horielova ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Health Workers ◽  
Cognitive Distortion ◽  
Human Rights Violations ◽  
Present Stage ◽  
Current State ◽  
Personal Morality ◽  
Law Enforcement Officials ◽  
Universal Morality

The article is devoted to the analysis of such a phenomenon as "impersonal morality" in the context of human rights and freedoms and emphasizes that it is "impersonal morality" that is becoming a mandatory element of it at the present stage of humanity. It is revealed that the current state of morality is in a state of personification and cognitive distortion, which indicates the impossibility of returning to a single "universal morality of mankind" and therefore it makes sense to speak only of "impersonal morality" - written and regulated by moral precepts for certain groups of people certain activities (law enforcement officials, judges, lawyers, health workers, etc.) - where human rights violations are most likely.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

The adaptability of international arbitration: Reforming the arbitration mechanism to provide effective remedy for business-related human rights abuses

2018 ◽  
Vol 36 (3) ◽  
pp. 214-231
Author(s):  
Katerina Yiannibas
Keyword(s):  
Human Rights ◽  
Direct Access ◽  
International Arbitration ◽  
Holding Companies ◽  
Human Rights Abuses ◽  
Cross Border ◽  
The Subject ◽  
Effective Remedy ◽  
Human Rights Standards ◽  
Rights Issues

This paper analyses the potential for international arbitration to provide effective remedy for business-related human rights abuses. Since the proliferation of international arbitration, the default arbitration mechanism as it stands has been contemplated by and large for the resolution of cross-border commercial disputes where the primary interests are efficiency and finality. However, there is evidence that human rights issues have emerged in international arbitration. Accordingly, if arbitration is to be used in such cases, the mechanism must be adapted in light of the particular issues that arise in the adjudication of human rights; the balance between transparency and confidentiality, reprisals against victims and human rights defenders, collective redress, financial assistance, the applicability of human rights standards. If proper procedures are in place to contemplate the particular interests involved in cases where the substantive claims involve human rights, the advantage of international arbitration is that it can provide direct access in a neutral forum for holding companies accountable where national jurisdictions are unavailable or difficult to access. This article begins by analysing the historical development of international arbitration so as to demonstrate a pattern of adaptability and flexibility vis-à-vis the subject matter of cross-border disputes. The article will then contemplate the potential of and concerns for international arbitration, putting forward specific recommendations for reforms of the international arbitration mechanism in cases where the substantive claims involve business-related human rights abuses.

scholarly journals KENDALA DALAM PELAKSANAAN FUNGSI BALAI PEMASYARAKATAN DALAM PERLINDUNGAN HAK ASASI MANUSIA PADA SISTEM PERADILAN ANAK

2021 ◽  
Vol 3 (2) ◽  
pp. 94-100
Author(s):  
Nuryuli Nurdin ◽  
Baso Madiong ◽  
Yulia A. Hasan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Justice System ◽  
The Rule Of Law ◽  
Protection Of Human Rights ◽  
Law Enforcement Officials ◽  
Three Stages ◽  
Collection Methods

Penelitian ini bertujuan untuk mengetahui Pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) Makassar Dalam Perlindungan Hak Asasi Manusia Pada Sistem Pidana Anak dan Kendala Balai Pemasyarakatan dalam Perlindungan Hak Asasi Manusia Pada Sistem Peradilan Anak. Penelitian merupakan penelitian normatif. Metode Pengumpulan Data melalui wawancara dan dokumentasi. Teknis Analisis data ini merupakan analisis kualitatif. Hasil penelitian menunjukkan bahwa Balai Pemasyarakatan kelas I Makassar sebagai salah satu penegak hukum khususnya dalam pembimbingan terhadap anak nakal menjalankan perannya tersebut melalui tiga tahap, yaitu tahap Pra ajudikasi, tahap ajudikasi dan tahap Post ajudikasi. Faktor kendala yang dihadapi dalam pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) antara lain kelemahan aturan hukum yang berlaku terhadap tindak pidana anak, kurangnya koordinasi diantara sesama aparat penegak hukum, rendahnya kualitas sumber daya manusia di BAPAS, and kurang Sarana dan Prasarana yang memadai. Mengakibatkan pelaksaan Fungsi Balai Pemasyarakatan (BAPAS) kurang optimal, dan alokasi anggaran dana yang sangat minim. This study aims to determine the implementation of the function of Makassar Correctional Center (BAPAS) in the Protection of Human Rights in the Criminal Justice System of Children and the Obstacles of the Correctional Center in the Protection of Human Rights in the Justice System of Children. This research is normative research. Data collection methods were through interviews and documentation. Technical analysis of the data is a qualitative analysis. The results showed that Correctional Center Class I Makassar as one of the law enforcers, especially in guiding delinquents carried out their roles in three stages, which are the Pre-adjudication stage, the adjudication stage and the Post-adjudication stage. Obstacles faced in the implementation of the function of Correctional Center (BAPAS) are weaknesses in the rule of law that applies to the crimes of children, lack of coordination among law enforcement officials, low quality of human resources at BAPAS, and lack of adequate facilities and infrastructure. As a result, the implementation of the function of Correctional Center (BAPAS) is not optimal, and the budget allocation for funds is very minimal.

scholarly journals Legal discretion in criminal law: general theoretic and branch-wise aspects

2021 ◽  
Vol 108 ◽  
pp. 02015
Author(s):  
Aleksandr Aleksandrovich Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Integrated Approach ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
General Law ◽  
General Scientific ◽  
Adequate Evaluation ◽  
The Subject ◽  
Law Making

Pre-requisites: legal discretion in criminal law just as in other branches has only partially been a subject matter of legal analysis. Predominantly, a law-enforcement type of discretion was studied, which is implemented by law-enforcement authorities during criminal prosecution. However, modern surveys in the field of law theory consider discretion as a general law phenomenon including law-enforcement, law-making, and law-interpretation aspects. This suggests the need to study legal discretion in criminal law from new points of view. Moreover, one should also take into account a dual-aspect nature of legal discretion, e.g., a combination of characteristics of the subject implementing discretion and law-regulated relations where this takes place. The research objective is to define an opportunity of affecting subjects implementing individual types of legal discretion (law-enforcement, law-making, and law-interpretation) intended for optimization of the discretion level in criminal law. Methods: a combination of common, general scientific, specific scientific, and specific legal methods. First of all, the paper uses a systemic and functional approach. Results. Legal discretion in legal law is represented by law-enforcement, law-making, and law-interpretation discretion of respective subjects. These types of discretion are interdependent and indissolubly related. Currently, an integrated approach to studying these types of discretions in legal law is poorly discussed in literature. Meanwhile, only this approach allows for a systematic study of legal discretion limits (in general and for individual types) and for adequate evaluation of their efficiency in criminal law.

scholarly journals PROCEDURA KONKURSOWEGO DOBORU KADR KIEROWNICZYCh. PROBLEMATYKA PRAWNA

2016 ◽  
Vol 12 (3) ◽  
pp. 79
Author(s):  
Tomasz Duraj
Keyword(s):  
Significant Influence ◽  
Selection Procedure ◽  
Legal Issues ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Selection Procedures ◽  
Competitive Selection ◽  
The Subject ◽  
Management Staff ◽  
Selection Of

THE COMPETITIVE SELECTION PROCEDURE FOR MANAGEMENT STAFF: LEGAL ISSUES Summary This analysis relates to the legal issues in the competitive selection of management staff. Under the current provisions in Poland many legal acts pertain to this issue, giving an inhomogeneous set of regulations for the principles of conducting such procedures in particular domains of public, social and economic affairs. The subject of this article is a detailed description of the stages of the procedure for the competitive selection of management staff. Good legislation to regulate the selection procedures for competitions for management appointments will have a significant influence on the effectiveness of the adopted method of selection. The author presents the successive stages of the procedures for such competitions and conducts an in-depth legal analysis, paying specific attention to legal doubts arising in connection with the application of the current law. On the basis of his analysis he formulates some proposals de lege ferenda addressed to the legislator on the introduction of requisite amendments and supplements to the legal regulations for the procedure of competitive selection of management staff.

About International Sports Justice

2020 ◽  
Vol 8 ◽  
pp. 53-58
Author(s):  
Yu. V. Samovich ◽  
Keyword(s):  
Human Rights ◽  
Statistical Analysis ◽  
Statistical Data ◽  
Human Life ◽  
Legal Analysis ◽  
Sports Organizations ◽  
European Court ◽  
Sports Arbitration ◽  
The Individual

Justice, as a model of equity, is becoming an extremely demanded way of clarifying the relations of counterparties in most spheres of human life. This time, the question will be about sports disputes, whose appearance provoked first a «doping scandal» with Russian athletes, and then, no less scandalous proceedings of the Sports Arbitration Court. The purpose of this article is to conduct a review of sports disputes considered in international instances to analyze the objectivity and adequacy of the existing procedure for the consideration of sports disputes and the possibility of developing uniform rules and the existence of grounds for considering sports disputes in the European Court of Human Rights The author used for this such methods: – induction: based on an analysis of the consideration of sports disputes at the ECHR, it was concluded that the practice does not meet the requirements of the principle of respect for human rights, – deduction: a hypothesis of contradictions is formulated in the framework of the consideration of disputes by sports organizations and judicial institutions, statistical analysis: comparison and generalization of statistical data on the considered cases, – formal legal: analysis of the practice of judicial and quasi-judicial institutions for the consideration of sports cases. As a hypothesis, the thesis is put forward that the existing procedures of sports organizations violate the rights of the individual, justifying this fact with the specifics of such procedures as anti-doping checks, etc.

End of life decision making in healthcare in the prism of Council of Europe’s Human Rights Standards

2021 ◽  
Vol 2(24) ◽  
pp. 137-155
Author(s):  
Daria Bieńkowska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
End Of Life ◽  
Assisted Suicide ◽  
Individual Autonomy ◽  
Council Of Europe ◽  
The Subject ◽  
Human Rights Standards ◽  
End Of Life Decision ◽  
Life Decision

The issue of decisions made at the end of life relating to the so-called “Right to death”, “death in dignity”, which in the literature on the subject is referred to as end-of-life decision making in the legal and medical space, arouses the interest of lawyers and doctors, and due to the specific gravity of the topic, it is also the subject of public debate. This article presents the issue of end-of-life decision making in health care in the light of the standards of the Council of Europe. The main purpose of the problem outlined in this way will be to analyze the legal admissibility of decisions concerning the end of life at the request of the interested person in the legal and human perspective. The summary indicates that despite the lack of a consensus in contemporary Europe as to the understanding of human rights, and hence the admissibility of active euthanasia and assisted suicide, the situation may change with the increasing emphasis on individual autonomy in medical law.

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