scholarly journals ASYLUM IN THE INTER-AMERICAN SYSTEM: A SOVEREIGN STATE LAW OR AN INHERENT RIGHT OF THE HUMAN PERSON?

2019 ◽  
Vol 4 (57) ◽  
pp. 1
Author(s):  
Sidney GUERRA
Keyword(s):  
Human Rights ◽  
Human Person ◽  
The State ◽  
Sovereign State ◽  
System A ◽  
Political Refugees ◽  
Deductive Method ◽  
National Perspective ◽  
The Individual ◽  
The Right

ABSTRACT Objective: The aim of this research is to present and discuss the paradox of the right of asylum for refugees, considering that on one hand there is a right of protection of the human being, giving priority to the fundamental values of freedom and the protection to be afforded to political refugees and persons persecuted for political reasons and, on the other hand, there is the prerogative and sovereignty of each State. Methodology: The research was developed in deductive method, in bibliographic research, through interpretation of scientific articles, studies and jurisprudence, also seeking a historical perspective, as well as the interpretation of Brazilian legislation, comparative law and international bodies such as the Inter-American Court of Human Rights, the Asylum Convention, signed in Havana in 1928, the Cartagena Declaration, the Caracas Convention of 1954 and others. Results: The study reaches the conclusion that the right to asylum still has a very incipient treatment, as it is still considered a right of the State and not the right of the individual, despite its essential purpose of protecting the individual, which is considered a contradiction. This paradox is more evident when the prerogative of the State to grant asylum or not is confronted with the Universal Declaration of Human Rights. Contributions: Undoubtedly, this matter is currently relevant as it deals with international human rights and the expectation of millions of migrants hoping to obtain an asylum. As a contribution, this article reports several difficulties associated with the granting of an asylum in the national perspective as well as international cases and all efforts exercised by international bodies in favor of the refugees. KEYWORDS: Right of asylum; territorial asylum; political asylum; Interamerican Human Rights Court. RESUMO Objetivo: O objetivo desta pesquisa é apresentar e discutir o paradoxo do direito de asilo para refugiados, considerando que, por um lado, há o direito à proteção do ser humano, priorizando os valores fundamentais da liberdade e da proteção à saúde, a ser concedido a refugiados políticos e pessoas perseguidas por razões políticas e, por outro lado, há a prerrogativa e a soberania de cada Estado. Metodologia: A pesquisa foi desenvolvida com método dedutivo, em pesquisa bibliográfica, através da interpretação de artigos científicos, estudos e jurisprudência, buscando também uma perspectiva histórica, bem como a interpretação da legislação brasileira, direito comparado e organismos internacionais como o Interamericano Tribunal Interamericano de Direitos Humanos, a Convenção de Asilo, assinada em Havana em 1928, a Declaração de Cartagena, a Convenção de Caracas de 1954 e outras. Resultados:O estudo conclui que o direito de asilo ainda tem um tratamento muito incipiente, pois ainda é considerado um direito do Estado e não um direito do indivíduo, apesar de seu objetivo essencial de proteger o indivíduo, o que é considerado um contradição. Esse paradoxo é mais evidente quando a prerrogativa do Estado de conceder ou não asilo é confrontada com a Declaração Universal dos Direitos Humanos. Contribuições: Sem dúvida, este assunto é relevante no momento, pois trata dos direitos humanos internacionais e da expectativa de milhões de migrantes que esperam obter um asilo pelos mais variados motivos. Como contribuição, este artigo relata várias dificuldades associadas à concessão de asilo em perspectiva nacional, bem como casos internacionais e todos os esforços exercidos por organismos internacionais a favor dos refugiados. PALAVRAS-CHAVE: Direito de asilo; asilo territorial; Asilo político; Corte Interamericana de Direitos Humanos.

scholarly journals Legal aspects of technical assistance in urban landholding regularization provided for in the Brazilian Law 11888/2008 and its impact in the state of Paraíba, Brazil

2019 ◽  
Vol 10 (2) ◽  
pp. 20-32
Author(s):  
George Baracuhy Cruz Viana ◽  
Edson Ricardo Saleme
Keyword(s):  
Low Income ◽  
Technical Assistance ◽  
Legal Aspects ◽  
The State ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Deductive Method ◽  
Low Income Families ◽  
The Individual ◽  
The Right

This paper analyzes the role of the state in its mission of ensuring the existence of sustainable cities with adequate housing and meeting the standards set by current legal dictates. For this purpose, firstly, the right to housing guaranteed by the current Constitution, in its article 6 caput, is assessed as one of the most basic needs of the individual, considered a fundamental right since 1948 by the Universal Declaration of Human Rights. This paper also investigates the guarantee of decent housing for the citizen is effective, as provided for in the City Statute, Law No. 10257, 2001, especially with the publication of Law n. 11.888 /2008, which guarantees free public assistance in the project and construction of social housing for low-income families. This rule regulates the hiring of professionals who, while preserving their urban legislation, ensure compliance with an adequately sustainable environment. This article will use the hypothetical-deductive method and the bibliographic research methodology.  

The state of democracy and human rights in the Arab ummah (nation)1

2016 ◽  
Vol 9 (4) ◽  
pp. 523-535
Author(s):  
Isma’il al-Shatti
Keyword(s):  
Human Rights ◽  
The State ◽  
Private Life ◽  
Political Work ◽  
The Press ◽  
The Individual ◽  
The Right ◽  
Political Economic ◽  
The Arab Spring ◽  
Pro Forma

Arab constitutions, for the most part, specify and guarantee human rights in their wordings. However, the reality of the individual in the Arab nation reveals something quite different from that which is written in the constitutions. The state is charged with providing citizens with sufficient opportunities by granting them the right to participate in political, economic, social and cultural life in addition to rendering the private life and private affairs of individuals inviolable. Arab regimes' commitment to democracy is tenuous and in the main, these regimes preserve reference to democracy in their constitutions simply as a means for improving the image of the regime and as a pro-forma attempt at applying a modus operandi of a modern state. Despite the fact that laws are promulgated to regulate political work, the press and media, and the institutions of civil society, they are deprived of their function and impact through superficial or highly restricted legislation. For more than five decades, academic researches and writings on the obstacles to transitioning to democracy have increased and multiplied; and various ideas and opinions on the subject have been advanced. This article attempts an explanation of the phenomenon of Arab authoritarianism which fostered the crisis of the ‘Arab Spring’ and explores the reasons for the failure of democracy in the region.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

scholarly journals The formation of human rights and freedoms in the teachings of philosophers of ancient Greece and Rome

2020 ◽  
Vol 11 (11) ◽  
pp. 127-133
Author(s):  
Kotenko Т.
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Ancient Greece ◽  
The State ◽  
Political Rights ◽  
Ancient Greek ◽  
Legal Equality ◽  
The Law ◽  
The Individual ◽  
The Right

The article deals with the historical stages of the creation, development, and formation of a human rights institute. The ideological and theoretical heritage of Ancient Greece and Rome, which is the basis for the study of ideas about justice, social equality, and human freedom, is analyzed based on the analysis of the fundamental ideas of the most famous thinkers of antiquity. It was the philosophers of antiquity who initiated the concept of "natural law", which was formed over the centuries by the desire of man to understand the world, determine his place in society and politics. From the time of antiquity, the concept of human rights gradually began to emerge; Subsequently, the concept of equality, freedom of person, person, and citizen were formed. Ancient philosophers came up with the idea of law in general and the idea of human rights under the requirements of their time and conditions of social development. Over time, the ancient perception of social equality, justice, dignity, independence, and freedom of man became the starting point and benchmark of European political culture. The early period of the development of political and legal doctrines in ancient Greece is associated with the time of the formation of ancient Greek statehood. It was at this time that an attempt was made to give rationalist ideas about ethical and legal order in human affairs and relations instead of mythological ones. It should be noted that ancient Greek views on human rights were formed in mythological ideas about the origin of policies and divine justice. That is why rights come from the divine order of justice, which became the basis for the category equality. Only what corresponded to the concept of equality (within the concept of justice) was understood as right. In ancient Greek politics, customs and mono-norms gradually transformed towards protecting the dignity of citizens. The polite democracy gave impetus to the emergence of freedom, which promoted the emergence of equal political rights among the citizens of this policy. In the Greek city-state, the law first emerged as a specific phenomenon, and the life of the policy began to be compulsory for everyone. Subsequently, the Pythagoreans (VI –V centuries BC) formulated an important role in shaping the idea of legal equality and justice, using numerical proportions, that is, the ratio of certain parameters. The provision that "fair is to pay another equal" essentially introduces the coupon principle. Subsequently, this reflected Solon (7th-6th centuries BC) in his reforms. It eliminated debt slavery and, as a result of the compromise between nobility and demos, introduced a moderate censorship democracy in Athens. All citizens of the policy should equally be protected by the law and obey its mandatory rules (1). Recognized the law as a requirement of legal equality of free citizens of the policy, slaves did not apply the legal rules. Equality was considered in two respects: equality in law and equality before the law. Developed by Roman lawyers provisions in which a person acts as a subject of law, determine the legal status of a person, establish the freedom and formal equality of people under natural law, define Roman citizenship as a special legal status of a person, the distribution of the right to private and public, etc. contributed to the awareness of legal the importance of human rights in the context of the systematic doctrine of the legal nature of the relationship between the individual and the state. Roman law, extending to a state which it regarded as the object of its study along with positive law, ensured a legal relationship between the state and the individual, which was crucial for the development of the institution of the protection of individual rights in the world at that time (14, p. 119). In relation to individuals, the state was not above the rule of law, but directly its component part, which has all the basic properties of a law. The basis of a just and legal relationship between the individual and the state recognized the law, not the state. The individual and the state must be law-abiding subjects of legal relations, that is, act according to the rules of law. Conclusion. To sum up, we can point out that the first theoretical developments and statutory provisions of the law go back to ancient times. The thinkers of Ancient Greece and Rome initiated the basic concepts of justice, equality, autonomy. It was then that ideas about political rights, lawmaking, democracy, and the personal responsibility of citizens were formed. However, freedom was not universal, it did not belong to slaves, and they were not the subjects of relations in the policy. The population of the policies was divided into different social and ethnic groups and accordingly had different legal status. Such inequality was the norm, so the priority was given to a policy or state that was enshrined in legislation. However, in Ancient Greece, there were also certain individual rights of citizens such as the right to speak; private property rights; the right to participate in government; the right to hold office; to participate in national meetings; the right to participate in the administration of justice; the right to appeal against illegal acts, etc. In Ancient Rome, this list was supplemented by the right to bargain, freedom of movement, the right of the people's tribune to veto, the ban on torture, the adversarial process of the lawsuit, etc. Keywords: Antiquity period, city-policies, human rights, legal equality, society, justice.

Human Rights, Ownership, and the Individual

2019 ◽  
Author(s):  
Rowan Cruft
Keyword(s):  
Human Rights ◽  
The State ◽  
Moral Rights ◽  
Collective Good ◽  
Human Rights Law ◽  
Economic Rights ◽  
Property System ◽  
The Individual ◽  
The Right

What do we mean by rights, and can our use of the concept be justified? This book offers a partial vindication of the concept of a right, defending its use in relation to human rights while questioning it in relation to property. It starts with a new ‘Addressive’ account of the nature of rights as bringing together duty-bearer and right-holder first-personally—a theory which moves beyond and complements traditional Interest and Will Theories. This Addressive account implies that a right exists pre-institutionally (as a ‘natural’ or ‘moral’ right) only when a duty owes its existence predominantly to the right-holder’s good. On this basis, the book defends human rights law and practice as justifiably institutionalizing certain pre-legal moral rights held against other individuals and the state, including socio-economic rights. This defence proceeds independently of whichever conception of ‘the important human features’ (e.g. agency, capabilities, freedoms, interests, needs) one takes to underpin human rights—though it does depend on a distinction between individual and other goods. The book ends by arguing that for much property, conceiving the relevant duties in rights terms can mislead us into overlooking their foundation in the collective good. An alternative non-rights property system—broadly resembling modern markets but not conceived in terms of rights—is outlined. The result is a defence of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, while pressing new doubts about much property as an individual right.

scholarly journals A Ausência de Eficácia do Direito Fundamental à Saúde e a Vulnerabilidade das Pessoas que Dependem da Saúde Pública: onde está a Inviolabilidade da Dignidade Humana?

2015 ◽  
Vol 10 (3) ◽  
Author(s):  
Cleide Fermentão ◽  
Pedro Henrique Sanches Aguera
Keyword(s):  
Public Health ◽  
Second Generation ◽  
Human Person ◽  
Right To Health ◽  
The State ◽  
Fundamental Rights ◽  
Social Rights ◽  
Public Health Services ◽  
The Individual ◽  
The Right

AUSÊNCIA DE EFICÁCIA DO DIREITO FUNDAMENTAL À SAÚDE E A VULNERABILIDADE DAS PESSOAS QUE DEPENDEM DA SAÚDE PÚBLICA: ONDE ESTÁ A INVIOLABILIDADE DA DIGNIDADE HUMANA?  THE LACK OF EFFECTIVENESS OF THE FUNDAMENTAL RIGHT TO HEALTH AND THE VULNERABILITY OF PEOPLE WHO DEPEND ON PUBLIC HEALTH SERVICES: WHERE IS THE INVIOLABILITY OF HUMAN DIGNITY?   Cleide Fermentão*Pedro Henrique Sanches Aguera**  Resumo: Neste ensaio, inicialmente aborda-se o desenvolvimento de conceitos de pessoa e de indivíduo que aqui são utilizados. Dessa forma, é correto afirmar a dignidade da pessoa humana e não a dignidade do indivíduo. Também se fundamenta que a finalidade principal do Direito é a proteção dos valores humanos, porque a pessoa humana é centro do Direito, e, portanto, deve ser respeitada a sua dignidade. Depois, afirma-se que a segunda geração de direitos fundamentais corresponde aos direitos sociais, econômicos e culturais, estando ligada diretamente a direitos prestacionais sociais do Estado perante o indivíduo. A segunda geração difere das demais gerações pelo fato de o Estado passar a ter a obrigação de possibilitar à pessoa humana o seu desenvolvimento. A Constituição Federal brasileira de 1988 regulamentou os direitos de segunda geração, incluindo o direito à saúde como um direito social. É a saúde um direito fundamental de segunda geração e, ao mencionar o dispositivo que ele é um direito de todos, é ele tanto um direito individual como coletivo. Há o dever fundamental de prestação de saúde por parte do Estado, inclusive com  a formulação de políticas públicas, devendo o Estado criar meios para que todos possam usufruir do mesmo. Na medida em que ficou determinado pelo constituinte um sistema universal de acesso aos serviços públicos de saúde, foi reforçada a ideia de responsabilidade solidária entre os entes da federação. Surge o problema aqui apontado das questões ligadas à implementação e à manutenção das políticas públicas de saúde já existentes. Estando a dignidade da pessoa humana ligada aos direitos fundamentais de segunda geração e sendo ela o princípio norteador do ordenamento jurídico, poderia-se imaginar que qualquer pessoa teria sua dignidade garantida, se tivesse seus direitos sociais assegurados, incluído o direito à saúde. Palavras-chave: Direito à Saúde. Dignidade da Pessoa Humana. Direto fundamental de 2º Geração. Dever do Estado. Políticas Públicas. Abstract: In this essay, initially it is addressed the development of the concepts of person and individual that are used here. Thus, it is correct to affirm the dignity of the human person and not the dignity of the individual. Also, it is justified that the main purpose of the Law is the protection of human values, because the human person is the center of the Law, and therefore its dignity must be respected. Then it is said that the second generation of fundamental rights corresponds to the social, economic, and cultural rights, being bound directly to social rights to State positive actions to the individual. The second generation differs from other generations by the fact the State go on to have a duty to enable the human person to develop. The Brazilian Federal Constitution of 1988 regulates the rights of second generation, including the right to health as a social right. The right to health is a fundamental right of second generation, and, by stating a constitutional clause that it is a right for everyone, it is both an individual and collective right. There is the fundamental duty of providing health care by the State, including the elaboration of public policies, and the State must provide for everyone to avail themselves of it. In the extent that the constituent determined a universal system of access to public health services, the idea of joint liability between the federal entities has been reinforced. The problem here pointed of the issues associated with implementation and maintenance of existing public health policies arises. Being human dignity bound to the fundamental rights of second generation, and being it the guiding principle of the legal system, one would imagine that anyone would have guaranteed their dignity if they had their social rights, including the right to health, ensured. Palavras-chave: Direito à Saúde. Dignidade da Pessoa Humana. Direto fundamental de 2º Geração. Dever do Estado. Políticas Pública. Sumário: Introdução. 1. Indivíduo e Pessoa Detentores do Direito à Saúde. 1.1. Indivíduo. 1.2 Pessoa. 2. Direito à Saúde como Direito Fundamental Social de 2º Geração. 3. Proteção Constitucional do Direito à Saúde. 4. Dignidade da Pessoa Humana, Direito da Personalidade e o Direito à Saúde. Considerações Finais. Referências.*  Doutora em Direitos Sociais pela Universidade Federal do Paraná (UFPR). Mestre em Direito Civil pela Universidade Estadual de Maringá, Paraná (UEM). Professora do Programa de Mestrado, Especialização e Graduação do Centro Universitário de Maringá, Paraná (Unicesumar), e da Faculdade Metropolitana de Maringá, Paraná (Famma).**  Mestrando do Programa de Pós-Graduação em Ciências Jurídicas (PPGCJ) do Centro Universitário de Maringá, Paraná (Unicesumar), com bolsa CAPES. Pós-Graduado em Direito Processual Civil pela Faculdade de Direito Damásio de Jesus.  Pós-Graduado em Direito Empresarial pelo Centro Universitário de Maringá, Paraná (Unicesumar).

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 The liability Resulting from Nullity of the Arrest of the Accused in Libyan law: المسؤولية المترتبة على بطلان القبض على المتهم في القانون الليبي

2019 ◽  
Vol 3 (8) ◽  
Author(s):  
Abdallah A Sherif , Badruddin Haj Ibrahim
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Freedom ◽  
Legal Responsibility ◽  
Freedom Of Movement ◽  
Legal Provisions ◽  
General Rules ◽  
Descriptive Approach ◽  
The Individual ◽  
The Right

This study examines the nature and circumstances of the nullity of the arrest of the accused and the consequent legal responsibility for those who implement it in the Libyan legislation. To arrest someone is one of the most dangerous measures against human freedom and affects one of the most significant human rights: the right to freedom, The study relies on the analytical descriptive approach to describe the legal responsibility resulting from the nullity of the procedures for the arrest of the accused by examining and analyzing the legal provisions and the judicial authorities concerned in the Libyan law, to identify the conditions of the nullity of the arrest and its nature and types and effects on the resulting evidence, as well as an assessment of the position of the Libyan legislature towards the legal responsibility. The findings of this study reveals a number of results, the most important: that there is a clear judicial disorder and a big difference between the explanation of the law on the type and nature of nullity resulting from violation of guarantees of arrest. It also reveals that the crime of unjustified arrest varies depending on its source, as individual arrest made by another individual does not violate the freedom of movement of the individual but rather to violate the right itself. Most of the Arab legislation, including Libyan legislation, has taken the theory that the state is not responsible for the work of the judiciary. The Libyan legislator did not directly state the responsibility of the state for the illegal arrest of the judicial officers, and attributed this to the general rules of responsibility.

scholarly journals EL DERECHO A LA SALUD Y SU VULNERACIÓN EN LOS CASOS DE VIOLENCIA OBSTETRICA EN TABASCO

2020 ◽  
Vol 9 (01) ◽  
Author(s):  
León Felipe Morales Ariza ◽  
José Antonio Morales Notario
Keyword(s):  
Human Rights ◽  
Health Services ◽  
Social Economic ◽  
Right To Health ◽  
The State ◽  
Access To Health Services ◽  
Access To Health ◽  
The Social ◽  
The Individual ◽  
The Right

The Mexican Constitution establishes that everyone has the right to health protection and therefore, the law itself will define the bases and modalities for all to have access to health services. However, not everyone has access to quality medical services despite being in the supreme regulation. The State must understand that any alteration to health generates social security problems, mainly due to its consequences. The right to health is inalienable and does not distinguish between the social, economic, cultural or racial status of the individual. And, by stablishing it as a constitutional regulation, it amounted to an obligation of the State, which must provide quality services for all the society.  There are cases in which the right to health is violated, such as obstetrics, where pregnant women suffer the consequences of bad practices, or where minors are involved and their human rights are violated. We must focus our attention in the fact that their neglect has serious consequences and their impact generates human conditions that affect the dignity of the human being.

scholarly journals Human rights and the public interest: in search of balance

2021 ◽  
pp. 179-185
Keyword(s):  
Human Rights ◽  
Social Relations ◽  
Public Interest ◽  
Well Being ◽  
The State ◽  
Right To Education ◽  
The Public ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.

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