scholarly journals Military-civil interaction through the prism of human rights protection

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Elvira Titko ◽  
Ilona Kurovska ◽  
Petro Korniienko ◽  
Irena A. Balzhyk ◽  
Ganna M. Stoyatska
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
Legal Framework ◽  
Military Cooperation ◽  
Human Rights Protection ◽  
Gender Policy ◽  
Rights Protection ◽  
Legal Method ◽  
Opposite Sex ◽  
Effective Analysis

The issue of civil-military cooperation has relatively recently taken its rightful place among the scientific works of Ukrainian scientists. For Ukraine, this issue is gaining relevance in the context of "Crimean events" and hostilities in eastern Ukraine. In addition, in the context of civil-military cooperation, respect for fundamental human rights should not be forgotten. Equality in CIMIC operations is often overlooked when considering relevant issues, although the international community has long emphasized the need for gender equality and proportional representation of the opposite sex in the armed forces and civilian professions that interact with them. The aim of the study is a detailed analysis of the peculiarities of civil-military interaction on the basis of the norms of international organizations, analysis of the place of gender policy in the relevant issue and interpretation of the ECtHR's practice on certain issues related to civil-military interaction. The leading research method is the formal-legal method, the application of which provided an effective analysis of the legal framework of international law, doctrinal approaches and practice of the ECtHR in the context of the place of human rights protection in the system of civil-military interaction.

EU Asylum Law and Human Rights Protection: Revisiting the Principle of Non-refoulement and the Prohibition of Torture and Other Forms of Ill-treatment

2012 ◽  
Vol 14 (2) ◽  
pp. 119-149 ◽  
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Norms ◽  
Human Rights Protection ◽  
Legal Principles ◽  
Rights Protection ◽  
Asylum Law ◽  
Depth Analysis ◽  
The Eu

Abstract The principal objective of the article is to examine the EU legal framework and international law parameters of legal harmonisation processes in a specific field of human rights protection: asylum legislation. In particular, it is to provide an in-depth analysis of the compatibility of EU asylum legislation with existing international norms in relation to the principle of non-refoulement and the prohibition of torture and other forms of ill-treatment. It also aims at exploring the correspondence and controversies of relevant legal principles and norms under international law. Similarly, it attempts to provide an analysis of the incomplete and inefficient implementation of these international norms and principles by EU asylum law as well.

scholarly journals Conscientious Objection to Abortion: A Comparative International Legal Framework

2020 ◽  
pp. 71-96
Author(s):  
Екатерина Вячеславовна Киселева ◽  
Ольга Сергеевна Кажаева
Keyword(s):  
Human Rights ◽  
Basic Research ◽  
Legal Framework ◽  
Termination Of Pregnancy ◽  
Mutual Position ◽  
Legal Analysis ◽  
Doctor Who ◽  
Human Rights Protection ◽  
Rights Protection ◽  
State Cooperation

В настоящем исследовании дается сравнительно-правовой анализ подхода к пониманию содержания и взаимного положения некоторых прав человека, связанных с искусственным прерыванием беременности, понимания, отраженного на универсальном уровне международно- правового сотрудничества государств в актах договорных органов защиты прав человека. Если по существу факт искусственного прерывания беременности поднимает правозащитные вопросы в отношении трёх субъектов (женщины, вынашивающей ребёнка, нерожденного ребёнка и врача, осуществляющего аборт или отказывающегося от проведения такового), то со стороны защиты прав человека речь ведётся почти исключительно о женщине, чья жизнь и материалистически понимаемые интересы приоритизируются над всеми остальными правозащитными аспектами. В настоящей работе сравнению подвергаются именно права различных субъектов, оказывающихся связанными через аборт, объем и защищенность этих прав международным правом. В качестве международно-правовой основы для сравнения взят Международный билль о правах человека. Тезисы авторов иллюстрируются двумя делами в отношении врачей, отказавшихся проводить процедуру аборта исходя из христианских убеждений в Польше и Аргентине, соответственно. Статья подготовлена при финансовой поддержке РФФИ в рамках научного проекта № 18-011- 00292. This study provides a comparative legal analysis of the understanding of the content and mutual position of some human rights associated with artificial termination of pregnancy, the understanding reflected at the universal level of international legal inter-state cooperation in the acts of human rights treaty bodies. While, in essence, the fact of artificial termination of pregnancy raises human rights questions in relation to three subjects (a woman carrying a child, an unborn child and a doctor who performs an abortion or refuses to perform it), from the point of human rights protection, it is almost exclusively about a woman, whose life and materialistically understood interests are prioritized over all other human rights aspects. In this work, it is the rights of various subjects who find themselves bound through abortion, the scope and protection of these rights by international law, limited to the International Bill of Human Rights as an international legal basis for comparison are subjected to comparison. The authors illustrate their theses with two cases against the doctors who refused to carry out an abortion procedure for reasons of conscience in accordance with their Christian beliefs in Poland and Argentina, correspondingly. The article was prepared with the financial support of the Russian Foundation for Basic Research within the framework of research project № 18-011-00292.

scholarly journals HOW CAN THE HUMAN RIGHTS LEGAL FRAMEWORK ADDRESS THE VIOLATION OF HUMAN RIGHTS EXTRATERRITORIALLY?

2021 ◽  
pp. 55-59
Author(s):  
M. Lazarenko ◽  
I. Chernohorenko
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
Effective Control ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Domestic Courts ◽  
European Regional ◽  
Inter State

The armed conflict in Ukraine has been ongoing since 2014. As to date, the total number of recorded deaths has exceeded ten thousands civilians and combatants. Every day, i.e. during the present research, this number has been increasing. As outlined above, the European regional system of human rights protection, epitomised by the ECtHR, addresses this challenge within two interrelated tracks: individual and inter-State applications. The research focuses on landmark decisions of international, regional, and domestic courts in terms of human rights extraterritorially by way of establishing human rights duty-bearer jurisdiction outside states’ boundaries based on effective control test. It scrutinizes the jurisprudence of the ECtHR in terms of inconsistency between Bankovic and Aj-Jedda cases. In turn, the paper aims to model extraterritorial application of human rights law in Ukraine v. Russia inter-State applications (re Crimea and re Eastern Ukraine) based on Loizidou precedent as well as describes new forms of Russia’s violations of human rights in Crimea.

scholarly journals The Role of Ombudsman Institutions in Defending the Rights of Military Personnel

2019 ◽  
Vol 25 (2) ◽  
pp. 206-209
Author(s):  
Alexandru Stoian
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Exclusive Jurisdiction ◽  
Rights Protection ◽  
Military Command ◽  
Almost All ◽  
The Military

Abstract The Ombudsman type institutions are appointed to investigate individuals’ complaints against public authority and represent important actors in human rights protection system and in implementing democratic controls of the security system. These institutions have the task of interrupting human rights and the fundamental freedoms of armed force personnel, as well as ensuring the over-protection and prevention of defamation of armed forces. At the European level, the institutions of the Ombudsman are particularly important for ensuring the accountability of public authorities outside the contradictory environment of the courts. Ombudsman’s general institutions are mandated to receive complaints about all or almost all state organs, and their attributions concern all public services and government branches, including the armed forces. In addition, the ombudsman institutions with exclusive jurisdiction are independent and have exclusive jurisdiction over the armed forces, usually civilian and independent of the military command chain. Also, the Ombudsman institutions operating within the army can be identified and these are not completely independent, most often subordinated to the defense ministry and receive money from the defense budget.

Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR)

2021 ◽  
Keyword(s):  
Human Rights ◽  
Great Majority ◽  
Legal Framework ◽  
Special Importance ◽  
Human Rights Protection ◽  
American System ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
To Receive ◽  
Domestic Law

The Inter-American System for the Protection of Human Rights is a regional mechanism that has had a significant impact on the institutional framework of the State Parties to the Organization of American States (OAS), contributing to the elimination of structural human rights issues in the region. With a population of around 900 million people, the thirty-five States that comprise the OAS have accepted, to different extents, the supervising competence of its main human rights protection bodies: the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). This research bibliography on the Inter-American System is organized in six sections. The first is a general overview that describes the regional legal framework, the different research approaches that doctrine has developed to study it, and the factual and statistical resources that are of special importance in such research. The second section introduces the regional protection bodies and their interaction within the Inter-American System. The third and fourth sections are dedicated to the particular analysis of each body. It begins with the Inter-American Commission, with a description of its two most relevant foci, namely, its human rights promotion tasks and its competence to receive individual petitions. It then moves to the Inter-American Court of Human Rights and engages with the literature about its contentious jurisdiction—where reparations, supervision of judgments, and compliance to its judgments—along with its advisory and precautionary jurisdiction will be analyzed in greater depth. Finally, the fifth and sixth sections are dedicated to two topics of special analytical relevance and current importance: the dialogue between regional protection systems in the search for answers to common problems and finally the notion of control of conventionality as a particular and groundbreaking legal development of the system and its development within the State’s domestic law. The selected works in this bibliography are mostly available in English and Spanish (judgments of the IACtHR and reports of the Commission may be accessed in both languages) and the great majority of these texts are available without cost, digitally, online and without subscription. This research bibliography, accordingly, aims at avoiding obstacles to open research into this topic from the Global South and other latitudes.

22. Rights for specific vulnerable persons

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Group Rights ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Vulnerable Persons

This chapter examines human rights protection for four specific groups: women, children, internally displaced persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal and then discusses: the particular needs of these groups; the evolving international and regional human rights framework; and the extent to which the legal framework addresses the needs of the group in question.

scholarly journals The other side of the Article 21(3) coin: Human rights in the Rome Statute and the limits of Article 21(3)

2019 ◽  
Vol 32 (4) ◽  
pp. 837-850
Author(s):  
Emma Irving
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Central Place ◽  
Legal Framework ◽  
Criminal Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past

AbstractThe drafters of the Rome Statute sought to accord human rights a central place within the legal framework of the International Criminal Court (ICC). This was done not only through numerous provisions on the rights of the accused, victims, and witnesses, but also through the inclusion of the overarching Article 21(3) of the Rome Statute. Article 21(3) Rome Statute requires that the interpretation and application of all ICC law be consistent with internationally recognized human rights. While this provision has been employed on numerous occasions to bolster human rights protection in the ICC legal framework, it is not without its limits. In a series of decisions over the past few years, ICC judges have placed limits on the protections that can be read into the ICC legal framework on the basis of Article 21(3). Beyond stating that the ICC ‘is not a human rights court’, the decisions in question articulate no clear justification for the limitations imposed on Article 21(3). The present article analyses these decisions and identifies the underlying rationale for the Court’s approach: the principle of speciality. However, the picture is further complicated by the judges’ willingness to overlook the principle of speciality when particularly serious violations of human rights are involved. This leaves the precise contours of human rights protection in the ICC legal framework undefined.

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 COUNCIL OF EUROPE AND THE PROTECTION OF NATIONAL MINORITIES

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Tudor Tănăsescu
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Protection System ◽  
Council Of Europe ◽  
Territorial Integrity ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Minorities ◽  
United Nation

European protection of national minorities and the rights of persons belonging totheir identity is part of human rights protection system developed at the universal level underthe United Nation respectively regionally in the Council of Europe and other Europeaninstitutions. Examined the international legal framework (adopted in the Council of Europe),as in the field and others with official regulations (universal or regional) that concernprotection of minorities, “does not authorize any activity that is contrary to fundamentalprinciples of international law, especially that of sovereignty, territorial integrity andpolitical independence of states”.

scholarly journals Detention of Refugee Children in Malaysia and Thailand

2019 ◽  
Vol 3 (1) ◽  
pp. 59
Author(s):  
Samitra Parthiban ◽  
Khoo Ying Hooi
Keyword(s):  
Human Rights ◽  
Refugee Children ◽  
Refugee Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Legal Method ◽  
Non Governmental Organizations ◽  
State Actors ◽  
Rights Issues

The refugee issue in Malaysia and Thailand is one of the most protracted human rights issues that both countries face. Regardless of abundant requests and advocacies by non-state actors, both locally and internationally, to persuade the governments of Thailand and Malaysia to provide protection to refugees, the fate of these refugees remain uncertain. One of the key limitations for the human rights protection of the refugees is that both countries did not sign the 1951 Refugee Convention or its 1967 Protocol, moreover, both Thailand and Malaysia do not treat the refugee issue as a domestic problem. This paper examines the detention of refugee children in Malaysia and Thailand with the main intention to advocate for the method of Alternatives to Detention (ATD) as a solution to the shortcomings in a legal method. Based on that, this paper first explores the human rights situation of refugee children in detentions by looking into the current detention practices of both countries. Secondly, this paper examines the strategies and tactics of how the local Non-Governmental Organizations (NGOs) advocate and convince their governments to adopt the approach of ATD.

Sign in / Sign up

Export Citation Format

Share Document