scholarly journals Reforming Ukraine: Problems of Constitutional Regulation and Implementation of Human Rights

2018 ◽  
Vol 8 (1) ◽  
pp. 63-75
Author(s):  
Oleksandr Petryshyn ◽  
Oleh Petryshyn
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Culture ◽  
The State ◽  
Cultural Barriers ◽  
Reform Process ◽  
Historical Aspects ◽  
Low Level ◽  
Procedural Concerns

Abstract The article focuses on current problems of human rights constitutional provision, protection and implementation in Ukraine in the context of the reforms aimed at Eurointegration. The aim is to brief in the historical aspects of the development of ideas and concepts of human rights in Ukraine, focus on the human rights provision of the active Constitution projected through the ongoing reforms and to expose the correlation between the rights enshrined and their actual implementation. The existing and possible future problems related to the regulation and realization of human rights in Ukraine’s reform process are considered. The article reflects the problem of the value approach to human rights, which is directly related to the low level of legal culture and the insufficient level of development of civil society Ukraine. The work also analyses the amendments that have been made to the Constitution since the independence. While presenting the latest developments and drafts regarding the addressed issues, we try to look deeper into the problem, far beyond the formal and procedural concerns, addressing social and cultural barriers in understanding the importance and necessity of the problems under consideration not only by the leadership of the state but also by ordinary Ukrainians.

scholarly journals Reforming Ukraine: Problems of Constitutional Regulation and Implementation of Human Rights

2018 ◽  
Vol 8 (1) ◽  
pp. 63-75
Author(s):  
Oleksandr Petryshyn ◽  
Oleh Petryshyn
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Culture ◽  
The State ◽  
Cultural Barriers ◽  
Reform Process ◽  
Historical Aspects ◽  
Low Level ◽  
Procedural Concerns

Abstract The article focuses on current problems of human rights constitutional provision, protection and implementation in Ukraine in the context of the reforms aimed at Eurointegration. The aim is to brief in the historical aspects of the development of ideas and concepts of human rights in Ukraine, focus on the human rights provision of the active Constitution projected through the ongoing reforms and to expose the correlation between the rights enshrined and their actual implementation. The existing and possible future problems related to the regulation and realization of human rights in Ukraine’s reform process are considered. The article reflects the problem of the value approach to human rights, which is directly related to the low level of legal culture and the insufficient level of development of civil society Ukraine. The work also analyses the amendments that have been made to the Constitution since the independence. While presenting the latest developments and drafts regarding the addressed issues, we try to look deeper into the problem, far beyond the formal and procedural concerns, addressing social and cultural barriers in understanding the importance and necessity of the problems under consideration not only by the leadership of the state but also by ordinary Ukrainians.

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 DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

INTERNATIONAL PROTECTION SYSTEMS AND MECHANISMS OF HUMAN RIGHTS APPLICABLE IN THE REPUBLIC OF MOLDOVA

2021 ◽  
pp. 55-66
Author(s):  
Natalia Ctitor ◽  
Keyword(s):  
Human Rights ◽  
Legal Culture ◽  
The State ◽  
International Protection ◽  
Republic Of Moldova ◽  
Sufficient Knowledge ◽  
Protection Systems ◽  
The Republic

Fundamental human rights and freedoms are respected insofar as they are known to society at large and to each individual in particular, and become known only to the extent that they are acquired. The formation of the legal culture, in the stated sense, is an essential field of activity of the state authorities, becoming a necessity for each individual to have sufficient knowledge in order to be aware of the content and essence of his rights, freedoms and possibilities, so that later he should show respect and tolerance for the similar rights of other members of society, as well as of society as a whole

“Put Yourself in Her Shoes”

2017 ◽  
Author(s):  
Jennifer N. Fish
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Domestic Workers ◽  
The State ◽  
Cross Sectional ◽  
Government Influence ◽  
Opening Up

This chapter looks at the role of NGOs, global and national unions, and feminist government leaders in the movement to support domestic workers’ global rights. Here, the merger of civil society activism, labor struggles, and government influence reveals how a cross-sectional range of players served in pivotal roles as allies in the determination of policy protections. Relations between domestic workers and the state are analyzed to show the potential for opening up new spaces of worker activism. The discussion of feminist government leaders, or femocrats, reveals how the unexpected alliance of women in positions of power and women in some of the world’s most marginalized positions resulted in a synergy that shook a staid, bureaucratic institution to its core, and enabled its reorientation to more effectively address issues of global human rights.

scholarly journals The range of instruments of mechanism for interaction between the Constitutional Court of Ukraine and the Verkhovna Rada of Ukraine

2018 ◽  
Vol 6 (5) ◽  
pp. 5-11
Author(s):  
N. V. Moskalets
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Performance Indicators ◽  
Monitoring And Evaluation ◽  
The State ◽  
Individual Responsibility ◽  
Constitutional Court ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Development

In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In order to enhance the implementation of the range of instruments of mechanism for interaction between the Constitutional Court of Ukraine with other public authorities, there was offered the introduction of electronic document management as a preventive anti-corruption measure with integrated monitoring and transparency mechanisms of activity of public authorities in order to reduce the level of corruption and hierarchical influence, for the purpose of openness and transparency, efficiency of activity within the democratic processes.

scholarly journals Functioning and development of civil society under constitutional basis

2020 ◽  
pp. 80-83
Author(s):  
Danylo Akulenko
Keyword(s):  
Civil Society ◽  
Rural Areas ◽  
Integrated Approach ◽  
Scientific Basis ◽  
The State ◽  
Point Of View ◽  
Regulatory Function ◽  
Political Movements ◽  
Legal Norms ◽  
Low Level

This article was studied the сonstitutional norms for civil society, which, in the author's view, should be the doctrinal basis for its functioning. The question arises because of the critical need of society in legal and political movements for a European model of relations between the state and the citizen, the urgency is determined not only by the author’s personal convictions, but also by the unstable situation inside the Ukrainian politics, according to which only anti-democratic pseudosocial post-Soviet movements have unity and one point of view. In such conditions, the uncertainty of the Basic Law does not leave an opportunity to develop new, more effective legal norms that could increase the effectiveness of civil society. The scientific basis for this article were the works of V. Batanov, A. Krusyan, N. Onishchenko, T. Podorozhna, S. Petkov, O. Skripniuk, S. Sunegin, Y. Shemshuchenko. The aim of the work is to study the possible instruments of constitutional influence to achieve the ultimate goal of each democratic and legal state - building an effective civil society with a self-regulatory function. The analysis of the real situation inside the country shows that the level of efficiency of civil society is currently critically low. Indicators of this are the following negative socio-legal phenomena: - legal and political nihilism; - the dependence of the media on the so-called "tycoons"; - a small number of non-state entities of legal relations (organizations, foundations, unions, associations, federations, consumer societies, etc.) especially in sparsely populated rural areas; - low level of labor protection and social guarantees; - ineffective financing of political movements, parties and youth party cells; - low level of civil self-identification in certain regions of the country; - ineffective distribution of financial resources to state monopolies, which are unprofitable to preserve employment. This article provides possible ways of overcoming problems which can positively affect the further development of interaction between society and the state with an integrated approach to their implementation and strike a balance between state influence and civil pressure, the purpose of which is to ensure a decent level of protection of the rights, freedoms and interests of citizens.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals Poverty as a Political Choice: a Comparative Analysis of Reports of the UN Rapporteur’s Visits to the UK and Spain

2021 ◽  
Author(s):  
Ian Cummins ◽  
Emilio José Gómez-Ciriano
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Comparative Analysis ◽  
Social Workers ◽  
The State ◽  
The Other ◽  
Role Of The State ◽  
The Uk ◽  
The Impact

AbstractThis paper presents a comparative analysis of two reports by the UN Rapporteur on Extreme Poverty and Human Rights, one for Spain and one for the UK. In both countries, austerity policies were introduced following the banking crisis of 2008. The UN Rapporteur reports highlight the damage that was done by welfare retrenchment. In particular, the reports document the impact of austerity on the most vulnerable individuals and communities. The paper uses Somers' (2008) conceptual model of citizenship as the basis for a comparative analysis of two reports. Somers' (2008) model of citizenship is a triadic one which sees the state, market and civil society as competing elements. Each one can serve to regulate and limit the influence or excesses of the other two. Somers argues that neoliberalism has seen the dominance of the market at the expense of the role of the state and the institutions of civil society. Austerity policies saw the market dominating. Having examined the context of the two reports and their conclusions, the paper discussed the implications for individual social workers’ practice and the role of social work as a profession in tackling poverty and marginalisation.

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