scholarly journals Digital Technologies in Litigation vs Digital Human Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 118-129
Author(s):  
Liudmyla OSTAFIICHUK ◽  
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Technologies ◽  
Poor Quality ◽  
The State ◽  
The Internet ◽  
Access To Justice ◽  
Court Decisions ◽  
Human Right ◽  
Digital Human

The article is devoted to the study of human rights in terms of data available to an indefinite number of persons in the electronic services of the site Judiciary of Ukraine. It is established that along with the availability of the Internet the protection of fundamental human rights should be developed in any information environment. It is proved that the possibility of litigation online is combined not only with the availability of the Internet of a person - a participant in the process but also the current technical inability of a significant number of courts to onduct high-quality court hearings. The main obstacle is the poor quality of communication infrastructure and the lack of knowledge and skills of using digital technologies of the majority of the population. These obstacles must be removed by the State which has a duty to provide the basis for the dignified treatment of every member of society. It has been found that the openness of court decisions affects access to justice and does not promote respect for the rights of individuals to the confidentiality of personal data private and family life. It is substantiated that the indefinite storage of electronic copies of court decisions violates the human right to be forgotten. In order to overcome the identified gaps in the regulation of the use of digital technologies in the judiciary it was concluded that a clear regulatory environment should be created to achieve a balance of interests of the state and society and protect fundamental human rights in the digital age because the essence of man and changes.

scholarly journals THE HUMAN RIGHT TO THE PROTECTION OF PERSONAL DATA ON THE INTERNET: THEORETICAL AND LEGAL ASPECTS

2021 ◽  
pp. 51-54
Author(s):  
T.P. Popovych
Keyword(s):  
Service Providers ◽  
Personal Information ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
The Internet ◽  
Specific Information ◽  
Human Right ◽  
Internet Service ◽  
The Right

The article is devoted to the analysis of theoretical and legal aspects of the human right to the protection of personal data on the Internet. The author believes that at the present stage the field of personal data protection on the Internet is becoming especially important, linking it with the universal importance of communication that occurs within the Internet, as well as the threat of unauthorized dissemination of information through it. The right to the protection of personal data is considered as one of the forms of realization of the human right to the respect for his private, family life, in the context of his inviolability on the Internet. Scientific intelligence begins with a review of information protection models that have emerged in the world. Yes, we are talking about the American, European and mixed models. However, the article provides an overview of the acts adopted by the relevant European institutions in this area. In addition, the article examines the experience of some foreign countries in ensuring the human right to the protection of personal data on the Internet, in particular Brazil, France and the Republic of Belarus. The author notes that the protection of personal data involves a number of positive and negative obligations of the state and individuals. Negative obligations are aimed at prohibiting the processing of personal data without the consent of the person to whom the specific information relates. The positive obligations of public organizations and individuals (organizations) are to comply with the established legal regime of personal data processing, including the use of appropriate technical means. That is, the author emphasizes that the legal obligations in the context of ensuring the right to protection of personal data on the Internet are imposed not only on the state, but also on Internet service providers, owners of online services and websites, etc., given the possibility that they have access to personal information.

scholarly journals The role of the European Court of Human Rights in ensuring appropriate and effective protection of a fair court in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 82-88
Author(s):  
Nadiya Khrystynchenko
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
The State ◽  
Court Decision ◽  
Access To Justice ◽  
Court Decisions ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
And Control

The article deals with the study of the practice of the European Court of human rights on liability and control over non-enforcement of court decisions in Ukraine. The study notes the importance of the issue of enforcement of court decisions that have entered into legal force. In particular, it is indicated that such an act falls under the qualification of Article 6 of the convention for the protection of human rights and fundamental freedoms – a violation of the right to a fair trial. The European Court of human rights has repeatedly noted in its decisions the seriousness and scale of this threat to Ukraine. It has been noted that the percentage of enforcement of court decisions has never exceeded 40-45%, and in some years, it has decreased to critical values of 5-10%. The purpose of the article is to analyze the practice of the ECHR on liability and control over non-enforcement of court decisions in Ukraine and provide recommendations for improving this situation. It has been concluded that in Ukraine there is a problem of a persistent recurring nature – excessive length of enforcement or non-enforcement of court decisions, which is a violation of the rights guaranteed by the ECHR to a fair trial and to respect for property. Despite the fact that the ECHR has repeatedly pointed out the execution of a court decision as part of a trial, this position of the ECHR is still not always properly taken into account in Ukraine. Enforcement of a court decision is part of states ' obligations to ensure access to justice under Article 6 of the convention for the protection of human rights and fundamental freedoms. A person who has a court decision against a state or local government body is not required to initiate additional procedures to implement this decision. Unconditional implementation of such a decision should be guaranteed by the state. In order to improve the situation in the area under study, it is advisable to review the current legis-lation that ensures the implementation of court decisions, and continue reforming the civil service. Ap-propriate actions should be carried out in cooperation between the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine and other responsible executive authorities. It seems appropriate to create a government commission to improve the work of the state executive service.

Remarks by Sean D. Murphy

2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Right ◽  
Human Rights Movement ◽  
Interstate System ◽  
International Human ◽  
The Individual

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?

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 Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

scholarly journals THE DIGITAL IMPACT ON THE CONSTITUTIONAL HUMAN RIGHTS

2020 ◽  
Author(s):  
Y.V. Pechatnova
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Technologies ◽  
Controversial Issues ◽  
Constitutional Rights ◽  
Audit System ◽  
Digital Era ◽  
Legal Risks ◽  
Two Component ◽  
Reading System

The article analyzes the controversial issues of protecting the constitutional rights of citizens to information, to privacy, as well as to preserve the secrecy of correspondence, telephone conversations, and other messages in the digital era. The study identifi es major legal risks of using the advanced information processing methods in the new digital reality: fi rst, the risk of unintentional deanonymization of personal data; secondly, the risk of generating falsifi ed information. We propose solutions, such as introducing an information audit system and a two-component information reading system. They can help to overcome the legal risks of data deanonymization and information falsifi cation. We conclude that digital technologies have a signifi cant impact on the content and methods of protecting some constitutional rights of citizens.

scholarly journals Peranan Pendidikan Kewarganegaraan sebagai pilar pendidikan hak asasi manusia

2006 ◽  
Vol 3 (1) ◽  
Author(s):  
Warsono Warsono
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Fundamental Problem ◽  
The State ◽  
Human Right ◽  
Civics Education ◽  
The Core ◽  
Democratic State ◽  
Democratic Principle

Human Rights are a fundamental problem in every country. especially in the developing countries such as Indonesia. Even though, the state had given protection of human right for everybody, but in Indonesia there are many breakdowns of it. As a democratic state, Indonesia has to regard human right. It is because the human rights were the core of democratic principle. So, the human rights must be trained in the school for every student. By using this way, everybody can know what their rights and obligations very well Civics education can be a vehicle for this goal, because it's one of lessons that talk about human rights and be learned in all school.

Basic Income as a Human Right?

2019 ◽  
pp. 541-552
Author(s):  
Daniel J. Hemel
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
The State ◽  
Human Being ◽  
Basic Income ◽  
Human Right ◽  
Global Commons ◽  
The Public ◽  
The Individual ◽  
The Relationship

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.

Personal Data Sharing and Legal Issues of Human Rights in the Era of Artificial Intelligence

2019 ◽  
Vol 15 (3) ◽  
pp. 21-36
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Sharing ◽  
Personal Data ◽  
Security And Privacy ◽  
Human Right ◽  
Public And Private ◽  
Analyse Data ◽  
Regulatory Controls ◽  
The Impact

Personal data sharing has become an important issue in public and private sectors of our society. However, data subjects are perceived to be always unwilling to share their data on security and privacy reasons. They apprehend that those data will be misused at the cost of their privacy jeopardising their human rights. Thus, personal data sharing is closely associated with human right issues. This concern of data subjects has increased manifolds owing to the interference of Artificial Intelligence (AI) since AI can analyse data without human intervention. In this background, this article has taken an attempt to investigate how applications of AI and imposition of regulatory controls with appropriate governance can influence the impact of personal data sharing on the issues of human right abuses.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

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