scholarly journals Specific features of the right to associate in trade unions in the republic of Azerbaijan: theoretical and practical analysis

2021 ◽  
pp. 36-41
Author(s):  
Dashqin Majid oglu Ganberov
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Trade Unions ◽  
Public Organizations ◽  
Scientific Article ◽  
Right To Work ◽  
The Republic ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The presented scientific article examines the features of the right to associate in trade unions in the Republic of Azerbaijan. The importance of the creation and activity of trade unions in the development of civil society is substantiated. It is noted, that on the basis of the right to association, various public organizations are being created in society. Within the framework of these organizations, members of the community ensure or defend their common interests. In order to determine the place of the right to associate in trade unions, it is important to analyze the level of its compatibility with other human rights and freedoms. As you know, the right to association is closely related to such social rights as the right to work and rest. Therefore, it was advisable to first determine the relationship of the right of association with these rights. The main goal of the modern state is to ensure the well-being and free development of the individual. Therefore, we can say that in the constitutions of such states, the right to work is separately enshrined. It is important to define the relationship of the right to association with other human rights. This will form a broader understanding of the nature of the right of association. Within the framework of this scientific article, the significant place of the right to association in trade unions is determined among constitutional human rights in the Republic of Azerbaijan. The right to association creates a real opportunity for the realization of other important social and political rights. It is also noted, that the issue of the activity of trade unions is in the center of attention of researchers in many countries. Analyzing the characteristics of trade unions, it is noted, that they are important aspects of civil society. The article also examines the highlights of civil society. It is noted, that civil society consists mainly of public organizations. The level of development of civil society depends on the level of effective activity of public organizations. In this regard, trade unions occupy a special place. These and other issues are comprehensively considered in the presented scientific article.

12. Education and work

2017 ◽  
Author(s):  
Coomans Fons
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Education ◽  
International Human Rights ◽  
Cultural Rights ◽  
Right To Work ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.

10 ‘All human beings …’ and the Great Enterprise

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
International Relations ◽  
League Of Nations ◽  
Human Beings ◽  
Third Dimension ◽  
The Individual ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Distinguishing Features

This chapter explores the relevance of the developments in the Commission on Human Rights to the individual—the ultimate measure by which to assess the priorities in the coming years. The introduction of respect for human rights among the fundamental principles of the organization and the establishment of an International Bill of Human Rights were major distinguishing features between the UN Charter and the Covenant of the League of Nations. These provisions placed the individual at the table where only governments sat in matters of international relations. This ‘third dimension’ of international relations gave the Commission on Human Rights a role and responsibility like no other UN body, of dealing directly with individuals. The chapter then addresses the relationship of the Commission with the individual and civil society. Communication from individuals and groups emerged on two principal channels, almost concurrently. One was the handling of communications whose substance was deemed to be relevant to the work of the Commission as it undertook its drafting responsibilities. The other was the right of individuals and groups to petition as an integral component of the measures of implementation. This was the start of the treaty-based complaints mechanisms.

scholarly journals To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights

2021 ◽  
pp. 119-123
Author(s):  
R. Havrik
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Legal Status ◽  
Family Relationship ◽  
Case Law ◽  
Scientific Article ◽  
Same Sex ◽  
European Court ◽  
The Right ◽  
Relationship Of

In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions. This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to the court, the concept of "family" includes the actual family relationship, when the parties live together outside of marriage. A child born as a result of such a relationship is a member of the family from birth and due to the fact of birth. There is a connection between a child and his or her parents that is equivalent to family life, even if at the time of his or her birth the parents no longer lived together or their relationship has ended. Cohabitation is usually a prerequisite for family life, but in exceptional cases, other factors may indicate that specific relationships are stable enough to be considered as actual family ties. Another type of family union - marriage during the period of separate residence of the spouses, in the case law of the European Court of Human Rights is somewhat weak and usually concerns the possibility to use the procedure of separation, but the court recognizes that the spouses have an inalienable right to initiating such a procedure. Until 2010, the European Court of Human Rights generally showed a rather restrained attitude towards this type of relationship as same-sex, not recognizing them as family, but after 2010, given the rapid liberalization of the prevailing public morality regarding same-sex relations in Europe, the European Court on human rights could not deny that the relationship of such couples is essentially "family life".

scholarly journals Natural Law and Human Right—The Casus of Contraception (Comments from the Level of Law)

2020 ◽  
pp. 23-36
Author(s):  
Tomasz Gałkowski
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Human Right ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Point Of Reference

The author of the study deliberates whether the right to contraception can be described as a human right. He makes his speculations on the basis of a broader context of reflections concerning the relationship of human rights with the natural law, to which the former ones refer. The point of reference is recognizing the right as a good which co-creates a man. Contraception is not such a good since it is not an ontological value, that is, the one which does not entail anti-values.

scholarly journals Hegel, Human Rights, and Political Membership

2013 ◽  
Vol 34 (1) ◽  
pp. 98-119
Author(s):  
Andrew Buchwalter
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Hannah Arendt ◽  
Philosophy Of Right ◽  
Relationship Of ◽  
The Relationship ◽  
Political Membership

AbstractThis paper examines Hegel's view of the relationship of human rights and political membership. Attention is accorded the concept of a right to have rights, one famously thematized by Hannah Arendt but articulated already earlier by Hegel. The discussion has five parts. Part One considers how for Hegel a notion of political membership is entailed by the concept of right itself. Part Two examines the place occupied by modern civil society in a realised account of human rights. Part Three considers the challenges posed to realised right by the phenomenon of modern poverty and the experience of ‘rightlessness’ it occasions. Part Four details how Hegel's conception of the corporation addresses the phenomenon of rightlessness, taking into account his uniquely reflexive understanding of a right to have rights and its contribution to the project of thePhilosophy of Right. The concluding section briefly compares Hegel's conception of membership rights to Arendt's.

scholarly journals ENSURING HUMAN RIGHTS AND FREEDOMS BASED ON THE RELATIONSHIP OF THE PRINCIPLES OF REGULATION AND LEGALITY

2021 ◽  
pp. 48-56
Author(s):  
С.М. Воробьев ◽  
В.Е. Лапшин ◽  
А.Г. Грунин
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Scientific Article ◽  
Present Stage ◽  
Factors Affecting ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
Rule Making

В настоящей научной статье рассматриваются вопросы обеспечения прав и свобод человека, через призму соотношения принципов нормотворчества и законности. В исследовании проведен анализ факторов, влияющих на неуклонное обеспечение законности, освещены основные тенденции нормотворческой и правоприменительной практики в законодательстве России на современном этапе. Кроме того, даны рекомендации, касающиеся ключевых аспектов для дальнейшего совершенствования и развития ключевых демократических подходов. This scientific article are considered the issues of ensuring human rights and freedoms, through the prism of the relationship between the principles of rulemaking and legality. The study analyzes the factors affecting the steady provision of legality, highlights the main trends in rule-making and law enforcement practice in Russian legislation at the present stage. In addition, recommendations are made regarding key aspects for further improvement and development of key democratic approaches.

Human Rights Conflicts and the Creation of Corporate Responsibility Collaborations

2021 ◽  
pp. 105-144
Author(s):  
Erika George
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
The Right To Privacy ◽  
Regulatory Instruments ◽  
The Creation ◽  
Governance Institutions ◽  
Multistakeholder Initiatives ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

This chapter provides comparative accounts of the creation of industry sector–specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. The selected case studies demonstrate that there are consequences for conduct inconsistent with social expectations for business. The chapter considers cases originating in emerging market economies and complex operating environments, comparing the advocacy strategies of human rights activists and corporate responses. Cases studied include: the controversial role of transnational corporations in the internet communications technology sector in censorship and surveillance practices and the risks presented to the right to freedom of expression and the right to privacy; the relationship of transnational corporations in the pharmaceutical sector to human rights and the risks presented to the right to health and the right to life when access to essential medicines is compromised; and the relationship of transnational corporations in the extractives sector to human rights and the risks presented to human security when extractive sector companies contract with security forces that abuse violent force and use deadly force to silence dissent. The chapter explains how conflicts over corporate complicity in alleged abuses served to catalyze the creation of the different industry-specific multistakeholder initiatives, including: the Global Network Initiative, a private multistakeholder project to promote more responsible business practices; the Accelerating Access Initiative, a global public-private partnership to increase access to affordable medicines and create change; and the Voluntary Principles on Security, a tripartite multistakeholder initiative to address security and human rights. This chapter will show that crisis appears to serve as a catalyst for change.

scholarly journals The Relationship Between the European Convention on Human Rights and Domestic Law: a Case Study

2020 ◽  
Vol 6 (2) ◽  
pp. 338
Author(s):  
Kamil A. Strzępek
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Cultural Rights ◽  
European Court ◽  
The Republic ◽  
Polish Government ◽  
The Right ◽  
Right Of Property ◽  
The Relationship

The article is pertaining to the relationship between the European Convention on Human Rights and the Polish national law. Upon the introduction of the system of economic, social and cultural rights contained in the Constitution of the Republic of Poland of 1997, the article considers what rules determine the relationship between the application of the law by Polish courts and the European Court of Human Rights in Strasbourg. The paper concludes by showing how Polish courts and the European Court of Human Rights in Strasbourg refer to the right of property. It’s one of the fundamental human rights, when they examine a case. It occurs that clauses, which limit this right, are sometimes understood in a different way by Polish courts and the European Court of Human Rights. Regarding the above, the case of Waldemar Nowakowski v. Poland of the European Court of Human Rights in Strasbourg is discussed. Furthermore, the article presents how the Polish Government executes the judgment of the European Court of Human Rights in Strasbourg delivered in the above-mentioned case.

scholarly journals Endangering the principle of secularity with new legal solutions in the Republic of Serbia

2021 ◽  
Vol 55 (3) ◽  
pp. 751-770
Author(s):  
Miljan Lazović ◽  
Dušan Ilić
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
The State ◽  
Religious Communities ◽  
The Republic ◽  
The Government ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
The Church

In this paper, the authors deal with the analysis of new antidiscrimination legal solutions proposed by the Ministry of Human and Minority Rights and Social Dialogue of the Government of the Republic of Serbia, which would redefine the relations between the state and the church. The focus of the research will be especially on those solutions that could threaten, on the one hand, the principle of secularity, and on the other hand, some of the fundamental human rights, such as the right to freedom of thought, conscience and religion. The solutions proposed by the amendments to the Law on Prohibition of Discrimination, it seems, could be problematic from the standpoint of guaranteeing certain fundamental human rights and freedoms, but also the autonomy of churches and religious communities. Some of the proposals made by the Ministry could be seen as an attempt to return the verbal offence to the Serbian legal system. Accordingly, the authors will try to re-examine the possible impact of changes in antidiscrimination legislation on the relationship between the state and the church, but also on the possible suppression of religious rights and freedoms in the Republic of Serbia in the coming period.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Sign in / Sign up

Export Citation Format

Share Document