RESTRICTION OF HUMAN RIGHTS: THE DANGEROUS TENDENCY

2019 ◽  
pp. 5-12
Author(s):  
B. Danylenko
Keyword(s):  
Human Rights ◽  
High Speed ◽  
Family Relations ◽  
The State ◽  
Legislative Process ◽  
Parliamentary Election ◽  
The Right To Privacy ◽  
Henry Ford ◽  
The Right ◽  
Modern Technologies

This article is devoted to the study of human rights restrictions in Ukraine. The author states that there is an increasing tendency of human rights restriction in Ukraine. Both the state and private persons are the subjects of violation of human rights. In the legislative policy this tendency has increased since the parliamentary election in 2014. That year is known as the beginning of the in Ukraine. But most of the restrictions of human rights made by the laws of Ukraine (which violate the Constitution of Ukraine) since then have no relation to military activities and national security. The author identifies a number of tendencies: 1) recent amendments to Ukrainian legislation not only limit constitutional rights but also violate the principles of law and constitutional guarantees of human rights; 2) due to the usage of modern informational technologies, violations of the right to privacy are total; however, the law-enforcement agencies do not struggle with such violations systematically; 3) many constitutional human rights are violated by the laws devoted to family relations; those laws are being passed by the Parliament of Ukraine with the very high speed that is not quite usual for legislative process in Ukraine; 4) both the state and private persons use modern technologies to violate human rights; on the basis of modern technologies new ways of violation of human rights appear. Conclusions. The restrictions of human rights, provided by the laws, always have some reasons. But neither political, nor economical, nor social nor any other interest can be the reason for violation of human rights and freedoms. "In spite of the fact that the air was never so full of theories of liberty and wild declarations of «rights», there has been a steady curtailment of «personal freedom»". These words of the great American Henry Ford are so relevant for modern Ukraine.

scholarly journals The compliance of the anti-corruption legislation of Ukraine to the person's right to privacy

2020 ◽  
pp. 47-51
Author(s):  
I.O. Khomichov
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Family Life ◽  
The State ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State And Local ◽  
The Right

The article is devoted to the study of the compliance of the rights and obligations of the person authorized to perform the functions of the state or local government to the right to respect for private life, including the submitting and publishing property declaration. The author determines the approaches of national and foreign researchers to the essence of the concept of the right to privacy and concludes that it is a natural right, that includes the right to respect for private and family life, housing and correspondence. The norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 concerning the human right to privacy are revealed. It іs determined that one of the main reasons for the need to introduce in Ukraine the institution of declaring for officials of public authorities is the obligation of Ukraine to comply with the United Nations Convention against Corruption, and found that domestic law is stricter than the Convention. It is concluded that human rights are the priority area of state protection, so the requirements of anti- corruption legislation on disclosure of information about personal and family life of persons, authorized to perform state and local government functions, in the declaration and access of such information is a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 8, 32 of the Constitution of Ukraine. The author affirms that the disclosure of such a volume of information about any person is an indisputable violation of his right to privacy and family life. Key words: the right to privacy; the right to respect for private and family life; a person authorized to perform the functions of the state and local self-government; declaration; prevention of corruption.

scholarly journals Interpretation of some criminal law aspects of the right to respect for private life

2021 ◽  
Vol 1 (15) ◽  
pp. 111-125
Author(s):  
Yuriivna Timofeyeva
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Freedom Of Expression ◽  
Environmental Safety ◽  
Criminal Code ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right

The article considers some issues of interpretation of the right to privacy in the practice of the ECtHR and its impact on the criminal law of Ukraine. Numerous violations of the articles of the Convention require systematic response of the state and appropriate changes in both legislation and changes in law enforcement practices. The violations relate in particular to problems of interpretation of the provisions of the Convention. Provisions of Art. 8 of the Convention are related to other provisions of the Convention and the development of the case law of the European Court of Human Rights on certain issues. It is noted that the Convention is dynamic, it changes under the influence of society, its provisions change in the process of development and acquire new meanings. In particular, the ECtHR recognizes a violation of Art. 8 (right to respect for private life) in those contexts in which he has not previously recognized. In particular, interpretation of Art. 8 of the Convention in the context of the right to environmental safety in case significant harm to the persons health (cases Dubetska and others v. Ukraine, Grymkivska v. Ukraine), the right to beg in the context of the right to freedom of expression (Lakatush v. Switzerland). It is established that the development of these provisions requires analysis and consideration in the development of a new Criminal Code. At the same time, care must be taken to maintain a balance between freedoms and human rights and the security of society and the state. It is important that the rights enshrined in the Convention remain fundamental and do not go beyond the interests and needs of the individual. In addition, it is also necessary to take into account the national characteristics of the state.

scholarly journals Digital Profile: Main Risks for Constitutional Human Rights in the face of Legal Uncertainty

Lex Russica ◽  
2021 ◽  
pp. 88-101
Author(s):  
A. N. Mochalov
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Legal Regulation ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
Depth Analysis ◽  
The Face ◽  
Monitoring And Forecasting ◽  
The Right

The paper considers the main threats to human rights in connection with the introduction of digital profiles in the Russian Federation. Rights such as the right to privacy and the right to dignity are most at risk. In addition, the risk of discrimination increases. Analyzing the current legal regulation of the digital profile, the author concludes that it does not meet the criterion of legal certainty and creates increased risks of intrusion of the state and private structures into the sphere of a person’s private life. Despite the fact that currently digital profiles of citizens are only a set of official information contained in some state information systems and public registers, according to the author, in the future, this infrastructure can be used for profiling people, in-depth analysis, monitoring and forecasting their behavior, as is already done today by some other states and nongovernmental organizations.The legal regulation of the digital profile should be based on special guarantees of human rights in connection with the collection and processing of personal information about citizens available to the state. Among such guarantees, the author includes, in particular, the establishment in the law of a list of information that cannot be part of a digital profile of a citizen or be otherwise related to it, a list of unacceptable purposes for using digital profiles, as well as the establishment of the obligation of operators to inform subjects in an accessible form about the facts and legal consequences of profiling, about the principles and logical schemes underlying profiling.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

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 A new paradigm of human rights in the context of the global threats development

2021 ◽  
Vol 118 ◽  
pp. 02011
Author(s):  
Georgy Borisovich Romanovsky ◽  
Olga Valentinovna Romanovskaya ◽  
Vladislav Georgievich Romanovsky ◽  
Anastasia Andreevna Ryzhova ◽  
Olga Aleksandrovna Ryzhova
Keyword(s):  
Human Rights ◽  
Homo Sapiens ◽  
The United States ◽  
Point Of View ◽  
Humanitarian Law ◽  
New Paradigm ◽  
Law Enforcement Agencies ◽  
The Right To Privacy ◽  
Biomedical Technologies ◽  
The Right

The purpose of the research is to formulate the general guidelines for the transformation of human rights as a result of global threats. The methodological framework was the methods of comparative legal research, which showed the general trends in the development of the human rights legislation under the influence of global threats. By the example of the responses of states to the terrorist attacks that occurred on September 11, 2001, it is shown how legislative innovations expanding the powers of law enforcement agencies and special services have led to the revision of the content of such basic human rights as the right to privacy and/or the right to personal inviolability. Highlighted is the concept of the “war on terror” (formulated by the United States President in 2001), which allows terrorists to be treated as representatives of a belligerent but without providing any international guarantees enshrined in the provisions of the international humanitarian law. The consequences of the introduction of biomedical technologies, that are aggressive towards humans, are presented, namely the creation of chimeric organisms that contribute to blurring the interspecific boundaries; creation of a genetically modified organism – human embryo; the development of an artificial uterus capable of bearing a human fetus practically from the time the male and female reproductive cells join. The results consist in the identified trends in the development of legal institutions, such as the formulation of new human rights often replacing or distorting the content of basic recognised human rights enshrined in the key international documents and constitutions of the countries of the world; bypassing the legal prohibitions established over the past decades by introducing relativism and assessing any situation from the point of view of the conditions for its occurrence. The novelty of the research lies in the authors’ position and is formulated as follows: the modern system of human rights is facing a serious crisis. Failure to effectively respond to symbolic challenges and threats is one of the factors necessitating the need for monitoring many regulatory documents. But a significant reason for the backlash also lies in the fact that we are at the turn of an era when technology shows humanity the possibility of correcting the very nature of Homo sapiens.

scholarly journals IS CYBER SEARCH AND SEIZURE UNDER THE CYBERCRIMES AND CYBERSECURITY BILL CONSISTENT WITH THE PROTECTION OF PERSONAL INFORMATION ACT?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Melody Musoni
Keyword(s):  
Personal Information ◽  
The State ◽  
Search And Seizure ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The focus of this note is to analyze whether the Cybercrimes and Cybersecurity Bill provides a harmonization between search and seizure and the constitutional right to privacy. This will be achieved by discussing the State powers of search and seizure in cyberspace vis-à-vis the right to privacy as envisaged in the Protection of Personal Information Act. Further, this note investigates whether the Cybercrimes and Cybersecurity Bill achieves the purpose of combatting cybercrimes without the infringement of the right to privacy. Subsequently, the article provides plausible recommendations on how the State should lawfully conduct searches and seizures of articles related to cybercrimes.

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