scholarly journals The Protection of the Fundamental Rights of the Child in the Light of the African Charter on the Rights and Welfare of the Child

2018 ◽  
pp. 175-184
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
Legal Status ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
United Nations General ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
The Right ◽  
Judicial Protection

The adoption of a binding international treaty on the rights of the child is presented by practitioners and researchers as a “revolution”, marking the transition from the legal status of the child as a subject of the right, to a full actor of rights protection. For the fundamental rights of the child not to remain merely theoretical, but to become concrete and meaningful, it is important to provide them with effective judicial protection. This issue is more than ever topical, with the adoption by the United Nations General Assembly of the Optional Protocol to the Convention on the Rights of the Child establishing a procedure for the submission of communications, which entered into force on 14 April 2014. This new Optional Protocol gives children the right to appeal to the Committee on the Rights of the Child when the rights protected by the Convention and its firsttwo protocols are violated. The purpose of this brief study is to analyze the African Charter on the Rights and Welfare of the Child (African Charter), adopted in 1990, which is the firstregional legal text for children specificallyand as such unique, since no other region in the world has so far developed such a protection mechanism.

ADOLESCENTS’ RIGHT TO PARTICIPATE DURING STATUTORY INTERVENTION

2017 ◽  
Vol 26 (1) ◽  
pp. 24-41
Author(s):  
Rina Delport ◽  
Gloudien Spies
Keyword(s):  
Freedom Of Expression ◽  
Work Practice ◽  
Social Work Practice ◽  
Human Rights Abuses ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
United Nations Convention ◽  
African Charter ◽  
Children’S Voices ◽  
The Right

Social work practice remains concerned about the widespread human rights abuses and the exclusion of children’s voices during statutory intervention. As stipulated by The United Nations Convention on the Rights of the Child (1994), confirmed by The African Charter on the Rights and Welfare of the Child (1999) and the Children’s Act (Section 10, 38 of 2005), it is of paramount importance that the child, which includes the adolescent, must experience freedom of expression as well as the right to be heard during statutory proceedings. However, it is argued that despite the national and international focus on the importance of child participation, the question remains if children do understand and receive the opportunity to participate in practise. This article reflects on adolescents’ understanding and experiences of their right to participate during statutory intervention.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Perspectiva constitucional de las garantías de aplicación de la Inteligencia Artificial: la ineludible protección de los derechos fundamentales.

2020 ◽  
Vol 6 (2) ◽  
pp. 72-82
Author(s):  
Jorge Castellanos Claramunt ◽  
María Dolores Montero Caro
Keyword(s):  
Artificial Intelligence ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decisions ◽  
Spanish Constitution ◽  
The Right ◽  
Judicial Protection

Artificial Intelligence has an undeniable effect on today’s society, so its study regarding its legal effects becomes necessary. And consequently, how fundamental rights are affected is of particular importance. Hence, the present paper studies the influence of algorithms in determining judicial decisions, especially from the point of view of how this issue would affect the right to effective judicial protection, recognized as a fundamental right in article 24 of the Spanish Constitution.

EU Sanctions

2021 ◽  
pp. 177-229
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
Case Law ◽  
Essential Elements ◽  
Fundamental Rights ◽  
Property A ◽  
The Right ◽  
Judicial Protection ◽  
Restrictive Measures ◽  
Procedural Rights ◽  
Large Corpus ◽  
The Eu

This chapter provides an overview of the sanctions that are available to the EU in the conduct of its foreign policy. First, it focuses on EU restrictive measures or sanctions analysing the applicable provisions and procedure for their adoption under the EU Treaties before making a systematic presentation of the different regimes adopted by the Union and their link to UN sanctions. The chapter also delves into the large corpus of case law on the compliance of sanctions with fundamental rights, in particular procedural rights, such as the rights of defence and the right to effective judicial protection, and substantive rights, such as the right to carry out an economic activity and right to property. A section is also dedicated to the constantly developing case law on actions for damages from sanctions. Sanctions adopted by the Union within the framework of cooperation and association agreements for the violation of certain essential elements of these agreements are also analysed. Lastly, a discussion of the specific case of the blocking statute, an autonomous measure adopted to counter extraterritorial effects of legislation and actions of third states, which was recently updated, forms part of this chapter.

LEGAL STATUS NON-MUSLIM COMMUNITIES IN THE OTTOMAN EMPIRE IN THE XVI-XIX CENTURIES

2016 ◽  
Vol 4 (2) ◽  
pp. 102-110
Author(s):  
Александр Сквозников ◽  
Aleksandr Skvoznikov
Keyword(s):  
Ottoman Empire ◽  
Military Service ◽  
Legal Status ◽  
Islamic Law ◽  
Religious Affiliation ◽  
The State ◽  
Legal Doctrine ◽  
Muslim Communities ◽  
The Right ◽  
Judicial Protection

The aim of the article is to investigate the legal status of non-Muslim communities in the Ottoman Empire. The author concluded that the sources of Islamic law, including the Koran and Islamic legal doctrine, formed the basis of the legal system of the Ottoman Empire, recognized the equality of people regardless of their racial, ethnic or religious affiliation. Non-Muslim subjects of the Ottoman Empire guaranteed the right to life, security of person and property, freedom of religion, freedom of economic activity, the right to judicial protection and protection against external enemies. However, the scope of rights and duties of citizens depend on their religious affiliation. The Ottoman Empire was essentially theocratic state, where Islam is the state religion and regularly held a dominant position among the other denominations. Served non-Muslim were somewhat limited in their rights: they could not come to the state, including military service, which does not allow us to talk about full equality of all subjects of the Ottoman Empire, regardless of religion.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

scholarly journals Justiciability of Children’s Economic, Social and Cultural Rights in Botswana

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Emmanuel Kopang Botlhale
Keyword(s):  
Mixed Methods ◽  
Child Wellbeing ◽  
Vulnerable Group ◽  
Mixed Methods Approach ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
Special Protection

Children are a vulnerable group, hence, they need special protection. This is provided through ratifying children-protecting instruments; e.g., Convention on the Rights of the Child (CRC) and African Charter on the Rights and Welfare of the Child (ACRWC). Botswana acceded to the CRC and ACRWC in 1995 and 2001 respectively. Beyond ratification and domestication of these instruments, rights must be asserted through justiciability mechanisms, or else, they remain paper rights. Amongst others, justiciability is effected through state reports. Using a mixed methods approach, this study investigated the question; ‘is Botswana complying with her reporting obligations?’ It concluded that she was in breach and, thus, fails to respect, protect and fulfil children’s economic, social and cultural rights. This position contradicts claims that Botswana is children-friendly as stated by publications such as The African Report on Child Wellbeing. However, Botswana can redeem herself by reporting on what she is doing for children.

scholarly journals JUDICIAL PROTECTION OF ECONOMIC COMPETITION AND RESTRICTIONS OF MONOPOLISM IN UKRAINE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 130-135
Author(s):  
Ю. М. Невінгловська
Keyword(s):  
International Standards ◽  
Commercial Law ◽  
Economic Competition ◽  
Protection Mechanism ◽  
Economic Sphere ◽  
The Law ◽  
Business Entities ◽  
Government Body ◽  
The Right ◽  
Judicial Protection

The article examines the judicial protection of economic competition and the restriction of monopoly in Ukraine. On the way to Ukraine’s transition to new economic institutions, there is a need to create new relationships between different business entities. International standards require the introduction and continuous improvement of the mechanism of judicial protection of economic competition and the restriction of monopoly in Ukraine, which is the basis of the protection mechanism and ensure the restoration of violated rights of both entrepreneurs and consumers. Today in Ukraine, the lack of real planning in the economic sphere leads to the absence of such production, unemployment and other negative processes in the economic sphere. It is determined that business entities have the right to appeal to the court against the decision of any public authority or local government body to apply administrative and economic sanctions to it. If a state authority or local self-government body adopts an act that does not comply with the law and violates the rights or legitimate interests of the business entity, the latter has the right to apply to the court to declare such an act invalid. It was found out that the court enforces the decisions of the Antimonopoly Committee of Ukraine, such as the application of fines and penalties accrued on the unpaid amount of the fine. In addition, the law stipulates that the state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine or their authorized employees of the Antimonopoly Committee of Ukraine, its territorial branches have the right to get acquainted with these cases and receive copies. The Antimonopoly Committee of Ukraine and its territorial branches have the right to intervene as third parties who do not make independent claims on the subject of the dispute, if the decision may affect their rights and responsibilities in exercising state control over the protection of economic competition. Judicial protection of economic competition and restriction of monopoly in Ukraine is a highly specialized area based on a set of administrative, economic, commercial, civil and commercial law to restore the violated right, protection and defense of violated rights of both entrepreneurs and consumers.

scholarly journals A new approach regarding to the recognition of an individual incapable

2021 ◽  
pp. 159-164
Author(s):  
I.Yu. Tatulich
Keyword(s):  
Legal Status ◽  
Court Decision ◽  
New Approach ◽  
Psychiatric Examination ◽  
Direct Participation ◽  
Civil Proceedings ◽  
Mandatory Participation ◽  
Forensic Psychiatric ◽  
The Right ◽  
Judicial Protection

The article is devoted to the analysis of the procedural order of consideration and resolution of cases related to the change of an individual’s legal status, namely - recognition of an individual incompetent. The article analyzes the updated procedure for declaring an individual incompetent. The author of the article draws attention to the fact that the legislator has expanded the range of litigants in this type of proceedings; has provided for the possibility of direct participation of the person in respect of whom the proceedings for recognition of his/ her incompetence were initiated, both in-person and his/ her participation in the case through a videoconference from the medical institution where such person is at that moment; has set the terms of the court decision on declaring an individual incompetent, for not more than two years; has granted the right to certain entities to apply for an extension of the decision declaring an individual incompetent, which may be filed no later than fifteen days before the end of two years; has granted a person who was declared incompetent the right to apply to the court with a request to cancel the court decision, etc.It is noted that the validity of a court decision declaring an individual incompetent, which is provided by law, requires certain clarifications. It is substantiated that the obligatory appointment of a forensic psychiatric examination during the consideration of the case and to confirm the request for extension of the decision validity also requires some clarification, depending on the individual’s state of disease. The author considers the views of scholars and practitioners regarding mandatory participation in the consideration of an individual’s incompetence cases and the cancellation of a court decision on such cases - a lawyer who will provide adequate judicial protection and effective civil proceedings. It is concluded that it is expedient to expand the range of entities authorized to initiate the issue of revoking a court decision declaring an individual incompetent, supplementing them with such a participant as a prosecutor, which in turn will guarantee access to court, promote fair judicial protection of rights, freedoms, and interests of the persons, making a lawful and reasonable decision.

CHILDREN'S RIGHT TO HEALTH IN THE ACTS OF THE UNITED NATIONS ORGANIZATION

2018 ◽  
Vol 28 (6) ◽  
pp. 2051-2055
Author(s):  
Mariya Hristozova
Keyword(s):  
United Nations ◽  
Right To Health ◽  
Fundamental Rights ◽  
International Standards ◽  
Children's Health ◽  
Children’S Health ◽  
International Treaty ◽  
Rights Of The Child ◽  
The United Nations ◽  
The Right

One of the most vulnerable people in every society is children who, due to their physical, emotional, psychological and social immaturity, can not protect their fundamental rights and freedoms themselves and need increased support from the international community and national authorities. In view of these objective circumstances, in the system of the United Nations has adopted a number of legal acts which lay down minimum international standards for the protection of children's righThe most important and comprehensive international treaty for the protection of children 's rights is the 1989 United Nations Convention on the Rights of the Child. This Act proclaims a number of civil, economic, social and cultural rights for children who should be protected in all legal systems, such as: the right to education, the right to social security, the right to a standard of living appropriate to the physical, mental, social development of the child and other rights.Article 24 of the UN Convention also sets out the right of every child to enjoy "the highest attainable standard of health and health services to treat illness and restore his health." The right of children to health includes in its content, separate, autonomous rights and freedoms, such as the right to access quality medical care and remedies for illness and health rehabilitation, the right to control one's own health and body and others.In fulfillment of their obligations under the UN Convention on the Rights of the Child, States have an obligation to take comprehensive measures to ensure the fundamental human rights enshrined in the international treaty, including children's health, such as legislative, administrative, economic and other measures.However, the adoption of an appropriate legal framework is not sufficient to ensure effective protection of children's health. That right falls under the category of social rights, the full exercise of which requires active cooperation from the States. Today in a number of reports by international organizations is stated that many countries do not have sufficient financial resources to ensure the practical implementation of their obligations under international treaties, which creates a real risk to the children's right to health and for all their fundamental rights. In view of these disturbing data, further steps need to be taken to strengthen and guarantee all children's fundamental rights, especially their right to health, both at international and national level.

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