scholarly journals FEATURES OF INTERNATIONAL PROCEDURES OF HUMAN RIGHTS PROTECTION

2015 ◽  
Vol 9 (2) ◽  
pp. 24-28
Author(s):  
Ramona-Gabriela Paraschiv
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Protective Mechanisms ◽  
International Protection ◽  
National Assembly ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Association ◽  
Fundamental Rights And Freedoms

The idea of developing mechanisms to protect human rights emerged with the Declaration of the Rights of Man and of the Citizen of French National Assembly, on August 26, 1789, which states that “the purpose of all political association is the preservation of the natural and imprescriptible rights of man”. State Concerns for the international protection of human rights have increased but from the second half of the twentieth century, after the establishment of the United Nations Organization, who proposed that one of the aims to be achievement of international cooperation in promoting and encouraging respect for fundamental rights and freedoms of man, thus spurring the creation of protective mechanisms at global and regional levels, able to control the actual translation of regulations enshrining rights.

scholarly journals A atuação da defensoria pública no acesso ao sistema interamericano de direitos humanos: uma perspectiva garantista multinível de direitos constitucionais e convencionais

2018 ◽  
Vol 19 (1) ◽  
pp. 127-148
Author(s):  
Ana Maria D'Ávila Lopes ◽  
Leandro Sousa Bessa
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Protection ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
Public Defense ◽  
Deductive Method ◽  
Protection Of Human Rights ◽  
International Systems

Resumo: A perspectiva garantista, caracterizada pela proteção e implementação dos direitos fundamentais, vem se impondo como paradigma de atuação do Estado Democrático de Direito. Nos últimos anos, entretanto, essa perspectiva não mais tem se limitado aos sistemas jurídicos nacionais, mas vem também permeando os sistemas internacionais de proteção dos direitos humanos e o diálogo mantido entre estes e aqueles. Nesse contexto, com o presente artigo pretendeu-se investigar a atuação da Defensoria Pública, nesse processo dialógico de proteção interna e internacional dos direitos humanos, sob uma perspectiva garantista multinível de direitos constitucionais e convencionais. Para tal, valeu-se do método dedutivo para a análise dos dados levantados por meio de uma pesquisa bibliográfica, legislativa e jurisprudencial, partindo-se de análises gerais sobre o garantismo e dos sistemas nacionais e interamericanos de proteção dos direitos humanos, para, então, chegar-se à específica construção de um paradigma de atuação da Defensoria Pública brasileira perante o Sistema Interamericano de Direitos Humanos.Palavras-chave: Garantismo. Defensoria pública. Sistema Interamericano. Direitos humanos. Abstract: The guaranteeist perspective, characterized by the protection and implementation of fundamental rights, has been imposing itself as paradigm of action of the Rule of Law. In recent years, however, such perspective has no longer been limited to national legal systems, but has also permeated the international systems of human rights protection and the dialogue between the two systems. In this context, this article aims to investigate the Public Defense acting in this dialogical process of internal and international protection of human rights from a multilevel guarantee perspective of constitutional and conventional rights. To this end, it was used the deductive method for the analysis of data collected through a literature, legislative and jurisprudential research, based on general analyzes on the guarantee and on the national and Inter-American human rights protection systems, to, thus, achieve the specific construction of a paradigm the action of the Brazilian Public Defender before the Inter-American Human Rights System.Keywords: Guaranteeism. Public defense. Inter-American system. Human rights.

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

25. International Human Rights Law

2018 ◽  
Author(s):  
Nigel Rodley
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Political Factors ◽  
International Protection ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
Protection Of Human Rights

This chapter considers the background to, and current developments concerning the manner in which international law has engaged with the protection of human rights, including both civil and political rights and economic, social, and cultural rights. It looks at historical, philosophical, and political factors which have shaped our understanding of human rights and the current systems of international protection. It focuses on the systems of protection developed by and through the United Nations through the ‘International Bill of Rights’, including the Universal Declaration of Human Rights, the UN human rights treaties and treaty bodies, and the UN Special Procedures as well as the work of the Human Rights Council. It also looks at the systems of regional human rights protection which have been established.

“Not Taking Rights Seriously”. Opting for the Primacy of eu Law over Broader Human Rights Protection

2015 ◽  
Vol 4 (2) ◽  
pp. 277-302
Author(s):  
Fisnik Korenica ◽  
Dren Doli
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
The Relationship

The European Union (eu) accession to the Convention for the Protection of Human Rights and Fundamental Freedoms (echr) has been a hot topic in the European legal discourse in this decade. Ruling on the compliance of the Draft Agreement on eu accession to the echr with the eu Treaties, the Court of Justice of the eu (cjeu) came up with a rather controversial Opinion. It ruled that the Draft Agreement is incompliant with the eu Treaties in several respects. One of the core concerns in Opinion 2/13 relates to the management of horizontal relationship between the eu Charter of Fundamental Rights (ChFR) and echr, namely Article 53 ChFR and Article 53 echr. The article examines the Opinion 2/13’s specific concerns on the relationship between Article 53 ChFR and Article 53 echr from a post-accession perspective. It starts by considering the question of the two 53s’ relationship from the eu-law autonomy viewpoint, indicating the main gaps that may present a danger to the latter. While questioning from a number of perspectives the plausibility of the cjeu’s arguments in relation to the two 53s, the article argues that the Court was both controversial and argued against itself when it drew harshly upon these concerns. The article also presents three options to address the cjeu’s requirements on this issue. The article concludes that the cjeu’s statements on the two 53s will seriously hurt the accession project, while critically limiting the possibility of Member States to provide broader protection.

scholarly journals CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

2021 ◽  
pp. 6-12
Author(s):  
Yuriy Bysaga
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Legal Mechanism

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms. The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

scholarly journals A Legal Vacuum in The Principles of International Human Rights Protection

2020 ◽  
Vol 5 (2) ◽  
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Theoretical Concept ◽  
International Affairs ◽  
International Protection ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Subject ◽  
International Conventions

The subject of our research will be international protection as it is a theoretical concept, far from the practical meaning that relates to the international conventions and declarations on the protection of human rights and the mechanisms associated with them. It must now evolve only after long periods of time, and with timid beginnings, in this study we must address the stages in the development of international protection. Since international protection-in the sense that this research deals with - concerns international affairs, it has been affected by the development of international relations and similar problems, so this study will also address those problems, which have hindered the development of international protection within the methodology of comparative analysis.

scholarly journals ARANTIA IMPLEMENTATION AND PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN

2020 ◽  
Vol 2 (27(54)) ◽  
pp. 50-53
Author(s):  
M.A. Dusanbekova ◽  
A.Ye. Karipova
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Protection ◽  
World Community ◽  
National Institutions ◽  
Protection Of Human Rights ◽  
Entire World ◽  
Fundamental Rights And Freedoms

The Observance and protection of human rights in Kazakhstan cannot be carried out without taking into account world practice. They need international protection as an object of state and interstate governance and can be effectively protected only by the efforts of the entire world community, along with the presence of national institutions for the protection of human rights, as well as international means and institutions, numerous special declarations and covenants on human rights

scholarly journals Violações aos direitos humanos dos trabalhadores e os sistemas regionais de proteção

2018 ◽  
Vol 19 (1) ◽  
pp. 87-112
Author(s):  
Flávia Cristina Piovesan ◽  
Regeane Bransin Quetes ◽  
Miriam Olivia Knopik Ferraz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Labor Rights ◽  
Social Rights ◽  
International Protection ◽  
Essential Condition ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems

Resumo: Neste artigo teve-se como objetivo a análise da violação dos direitos humanos dos trabalhadores e o papel dos sistemas regionais de proteção. A metodologia foi o exame da jurisprudência do sistema Interamericano, o sistema Europeu e o sistema Africano dentro de uma perspectiva que buscou a análise a partir da universalidade e indivisibilidade dos direitos humanos, bem como de multifuncionalidade e dupla titularidade dos direitos humanos fundamentais. Por meio da análise dos casos que são direcionados à proteção e direitos trabalhistas, observou-se que os sistemas, ainda, não são harmônicos quanto à jurisprudência trabalhista. Os sistemas Interamericano e Europeu fundamentam suas decisões pelos direitos individuais, usando uma interpretação extensiva, permitindo o entendimento da multifuncionalidade, da dupla titularidade e da interdependência dos direitos. No sistema Africano, direitos civis e sociais foram contemplados num mesmo patamar, mas ainda é preciso aguardar uma postura menos formalista do sistema para que conclusões possam ser tomadas. Espera-se que tais sistemas tenham a capacidade de avançar na proteção mais plena e efetiva dos direitos trabalhistas – condição essencial à própria prevalência da dignidade humana.Palavras-chave: Sistema de proteção de direitos humanos. Direitos humanos dos trabalhadores. Direitos sociais. Proteção internacional. Direitos fundamentais. Abstract: The objective of this article was to analyze the violation of workers' human rights and the role of regional protection systems. The methodology was the examination of the jurisprudence of the Inter-American system, the European system and the African system, from a perspective that sought the analysis from the universality and indivisibility of human rights, as well as multifunctionality and dual ownership of fundamental human rights. Through the analysis of the cases that are directed to the protection and labor rights, it was observed that the systems are still not harmonious regarding labor jurisprudence. The Inter-American and European systems base their decisions on individual rights, using an extensive interpretation, allowing the understanding of multifunctionality, dual ownership and the interdependence of rights. In the African system, civil and social rights were on the same footing, but we still have to wait for a less formalist stance of the system in order to reach conclusions. Such systems are expected to have the potential to advance the fullest and most effective protection of labor rights - an essential condition for the very prevalence of human dignity.Keywords: Human rights protection system. Human rights of workers. Social rights. International protection. Fundamental rights.

scholarly journals International protection of the fundamental rights and freedoms of irregular migrants

2020 ◽  
pp. 8-32
Author(s):  
Muhammad Ahmad Issa ◽  
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Fundamental Rights ◽  
International Protection ◽  
International Convention ◽  
Irregular Migrants ◽  
Protection Of Human Rights ◽  
Fundamental Rights And Freedoms ◽  
International Experts ◽  
International Conventions

The situation of the migrants particularly irregular migrants is closely related to the respect for human rights, as long as migration is a social phenomenon with a human dimension. The question of international protection was therefore before the international community, which recommended the formulation of legal solutions to the issue of migrants wherever they may be, considering their rights primarily a humanitarian issue, with a view to the rehabilitation of this group, which is deprived of the enjoyment of the most important human rights. This trend was embodied in the conclusion of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their families on December 18, 1990, under the auspices of the United Nations, and was the culmination of a 12-year effort by a group of international experts. There are many international mechanisms for the protection of irregular migrants, including those relating to general international conventions for the protection of human rights, the Special Rapporteur of the Human Rights Council on the rights of migrants, and the Com- .mittee on the Protection of the Rights of Migrant Workers and Members of Their Families

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

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