scholarly journals THE FORMAL AND SUBSTANTIVE CORE OF HUMAN RIGHTS

2019 ◽  
Vol 1 (1) ◽  
pp. 21-59
Author(s):  
Stephan Kirste
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Human Right ◽  
Public Authorities ◽  
Four Dimensions ◽  
The Status ◽  
The Individual ◽  
Subjective Rights ◽  
Object Status

Human dignity is the basis of human rights. From the four dimensions of dignity - the status subjectionis, the status negativus, the status positivus and the status activus - both form and content of human rights can be justified. The form as subjective rights is necessary so that man is treated as a subject and not as a mere object (status subjectionis). In terms of content, human rights protect not only freedom from the state (status negativus), freedom through the state (status positivus), but also the freedom of the individual to participate in the establishment of public authorities (status activus). In addition: human dignity itself is a human right.

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?

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.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

To the Concept of Asylum. Right or Duty of the State?

2020 ◽  
Vol 17 (4) ◽  
pp. 65-74
Author(s):  
Olga O. Semyonova
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
International Standards ◽  
Human Right ◽  
Analysis And Synthesis ◽  
The Status ◽  
Protection Of Human Rights ◽  
Definition Of ◽  
The Right

Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.

scholarly journals Freedom of speech as a fundamental right within the situational context of the Republic of Moldova and Transnistria

2021 ◽  
pp. 29-36
Author(s):  
Marin Domente ◽  
◽  
◽  
Keyword(s):  
Human Rights ◽  
Public Discourse ◽  
Freedom Of Expression ◽  
European Convention ◽  
Human Right ◽  
Public Authorities ◽  
Individual Level ◽  
The Republic ◽  
The Individual ◽  
The Right

The right to freedom of expression and information is guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in all member states of the Council of Europe. The case law of the European Court of Human Rights (ECHR) applying Article 10 must be considered an international standard of authority on the protection of this human right, including the right to express, transmit and receive opinions and information without the interference of public authorities. Freedom of expression is one of the most cherished constitutional rights in democracies. Freedom of expression affects every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. Moreover, it is frequently mentioned in public discourse and has inspired an impressive volume of legal and philosophical literature. Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all relevant international human rights treaties. In international law, the freedom to express opinions and ideas is considered essential both at the individual level, insofar as it contributes to the full development of a person, and being a cornerstone of a democratic society.

scholarly journals Human Rights. Protection and enforcement

2021 ◽  
pp. 141-148
Author(s):  
V. V. Vynokurov
Keyword(s):  
Human Rights ◽  
Skin Color ◽  
The State ◽  
Legal Responsibility ◽  
State Responsibility ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Individual

The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual. Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.

The right to an affordable, secure and decent home for all

Housing Shock ◽  
2020 ◽  
pp. 217-236
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
European Law ◽  
Psychological Approach ◽  
Human Right ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
The Impact

This chapter outlines the centrality of housing as a home for human dignity and wellbeing, using a social justice, human rights and psychological approach to housing. It details the impact of homelessness and housing insecurity on child and family wellbeing. It explains how and why housing is a human right in international law, including the UN definition of adequate housing, and the right to housing in European law and European countries. It details the new housing movement, The Shift and housing strategies based on human rights, key principles of a human rights-based housing strategy. It then outlines the status of right to housing in Ireland, its absence in law, and recent debates around its inclusion in the Constitution. It details the case for why the Right to Housing should be included in Irish law and the Constitution.

SITUATION OF CHILDREN WITH DISABILITIES IN CONTEMPORARY LEGAL, MEDICAL AND SOCIAL PROCESSES IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 100 (4) ◽  
pp. 198-207
Author(s):  
R.N. Terletskaya ◽  
◽  
I.V. Vinyarskaya ◽  
E.V. Antonova ◽  
A.P. Fisenko ◽  
...  
Keyword(s):  
Children With Disabilities ◽  
Social Assistance ◽  
The State ◽  
Main Task ◽  
Persons With Disabilities ◽  
Rehabilitation Programs ◽  
The Family ◽  
The Status ◽  
The Russian Federation ◽  
The Individual

Despite the positive developments in the sphere of ensuring the special needs of disabled children, a comprehensive socio-hygienic assessment of the conditions and lifestyles, as well as of their families, has not been carried out in the recent years. The purpose of the study is to identify, through a sociological survey, the problems that a disabled child encounters in his life, in order to further improve the provision of medical and social assistance to him. Materials and methods of research: 506 legal representatives of minors (aged 0–17 years) with the status of a disabled child were interviewed. Study design: single-center, non-randomized, uncontrolled. Results: the study of the living conditions of a disabled child in the family, the assessment by the parents of the state of his health, the problems arising during the registration of disability, in the provision of medical and rehabilitation assistance, and issues of medical and social support, made it possible to determine the position of this part of the child population in modern legal and medical and social conditions. The main problems were the large number of documents required for the registration of a disability, the long wait for the day of the examination, the remoteness of the location of the medical and social examination bureau, the shortage of specialist doctors, the problem with subsidized drugs, the lack of taking into account the individual needs of the child when carrying out rehabilitation programs, the need to contact different organizations and departments, lack of medical and social assistance, violation of rights in the provision of medical services to a disabled child. Conclusion: The acquired information is important for the further improvement of the provision of medical and social assistance to handicapped children and children with disabilities. The main task today is to develop mechanisms for fulfilling the declared rights and freedoms of persons with disabilities and the obligations undertaken by the state in relation to them. The principle of individualization of the provision of various benefits, depending on the condition of a disabled child, his needs, material security, remains relevant.

scholarly journals India: Problems of Modernization

2020 ◽  
pp. 135-159
Author(s):  
A. A. Kutsenkov ◽  
Keyword(s):  
Human Rights ◽  
Dynamic Balance ◽  
Social Progress ◽  
Indian Society ◽  
Steady Increase ◽  
Ordinary People ◽  
The Status ◽  
Progressive Reforms ◽  
The Individual ◽  
Important System

In general, modernization in India follows the general laws of the formation transition: Individualism builds up pressure on collectivism in all areas of society, while the process of individualization of the individual intensifies. However, the dualism of structure-forming ties in Indian society leaves its mark on said process. Neither individualism, nor collectivism can prevail. There is a dynamic balance: Individualization of the individual occurs within the framework of collectivism, but for how long can this go on? Everything depends on the resource of collectivism, which is far from exhausted. In the study the author captures the reader’s attention on three points. First: the radicalism of modernizing transformations must correlate with the degree of society’s readiness (otherwise, even the most “progressive” reforms can be rejected by society). Second: of multiple modernization options, democratic is the most important for the destinies of the country and people, nationwide (it provides the least painful path of development, it is accompanied by the expansion of human rights and freedoms, and it helps to improve the lives of ordinary people. And the third: the importance of the personality type for the historical development of society requires a steady increase in the status of a person. Therefore, human rights movements, which are considered marginal in some countries, should be recognized as the most important system-forming factor in social progress. The legal base and the real scope of human rights, the tasks of human rights movements are becoming important indicators of the maturity of the country’s civil society in the depth of modernization.

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