scholarly journals Legal Document Control one of Basic Conditions to Protect and Ensure Human Right

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Hoang Thi Kim Que ◽  
Le Thi Phuong Nga
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Regulations ◽  
Human Right ◽  
Normative Documents ◽  
Legal Documents ◽  
Legal Supervision ◽  
Legal Document ◽  
Legitimate Interests ◽  
Rights And Interests

The article has analyzed the significance of legal document control, which is considered one of basic conditions to protect, ensure all human rights, freedom and constitutional, legitimate interests. Although, the Vietnamese legal system is more and more complete, there are limitations on legal document control. The article has showed clearly the negative influences of inappropriate legal regulations on human rights and interests. On that basis, the article has referred basic rules of legal document control aspect: The control of constitutionality, lawfulness and rationality in all periods of legal document formulation process. Keywords: Legal supervision, supervision of legal documents, mechanisms for supervising legal (normative) documents, constitutionality, legitimacy, profitability. References: Ann Seidman, Robert B. Seidman, Nalin Abeyesekers, Soạn thảo luật pháp vì tiến bộ xã hội dân chủ: Sổ tay cho nhà soạn thảo, Nxb. Chính trị Quốc gia, H. 2003, tr. 70 - 72. [2] Đinh Dũng Sỹ, Chính sách và mối quan hệ giữa chính sách với pháp luật trong hoạt động lập pháp, Tạp chí Nghiên cứu Lập pháp số 127-thang-7-2008 ngày 20/07/2008.[3] Phạm Chi Lan, Thể chế cho một chính phủ kiến tạo, http://www.doanhnhansaigon.vn/van-de/the-che-cho-mot-chinh-phu-kien-tao/1102398.[4] Nguyễn Thị Cẩm Tú, Công tác kiểm tra văn bản quy phạm pháp luật thuộc trách nhiệm của Bộ Tư pháp, http://tcdcpl.moj.gov.vn/qt/tintuc/Pages/thi-hanh-phap-luat.aspx?ItemID=377.[5] Nguyễn Minh Đức, Triệt tiêu tình trạng cài cắm chính sách trong xây dựng pháp luật, https://thanhnien.vn/chinh-tri/triet-tieu-tinh-trang-cai-cam-chinh-sach-trong-xay-dung-phap-luat-978708.html.[6] Nguyễn Bá Chiến, Pháp luật triệt tiêu pháp luật, Tạp chí Nghiên cứu lập pháp số 74, tháng 4/2006.[7] Bộ Tư pháp,” Ban hành văn bản trái pháp luật thể hiện sự "nhờn" luật”, https://nld.com.vn/thoi-su/bo-tu-phap-ban-hanh-van-ban-trai-phap-luat-the-hien-su-nhon-luat-20180808091902444.htm.[8] Không cài cắm vào luật để phục vụ lợi ích riêng, http://vietnamnet.vn/vn/thoi-su/chinh-tri/thu-tuong-khong-cai-cam-vao-luat-noi-dung-khong-vi-loi-ich-chung-348136.html#inner-article.

scholarly journals The Promotion and Protection Human Rights under Vietnam’s Civil Law

2017 ◽  
Vol 10 (3) ◽  
pp. 182
Author(s):  
Duong Quynh Hoa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regulations ◽  
International Human Rights ◽  
The Past ◽  
Research Findings ◽  
International Human ◽  
Social Domains

This article analyzes and assesses Vietnam’s civil law for the promotion and protection human rights, the successes and limitations of their implementation in practice. The research findings show that over the past years, the Civil Code has laid a firm ground for remarkable successes in the promotion and protection human rights, especially, not only of Vietnamese but also foreigners living and working in Vietnam. The code is deemed compliant with international human rights conventions, laws and practices. In the Civil Code, however, there remain some certain limitations. For example a number of provisions of the current Civil Code fail to meet the human rights legislation or do not really create favourable conditions for the promotion and protection human rights in the economic and social domains. Our objective aims to outline the theoretical bases and analyze, assess regulations on human rights provided for in the Civil Code of Vietnam at present, thence proposing some solutions for improving legal regulations and contributing to ensure human rights in the legal system of Vietnam in general and in the Civil Code in particular.

THE CONSTITUTIONAL LEGAL SYSTEM OF PROTECTION OF HUMAN RIGHTS, FREEDOMS AND LEGITIMATE INTERESTS AS A STRATEGIC FACTOR OF THE PREVENTION OF WRONG

10.12737/1863 ◽  
2013 ◽  
Vol 7 (9) ◽  
pp. 199-211
Author(s):  
Маргарита Романова ◽  
Margarita Romanova
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Protection Mechanism ◽  
Strategic Factor ◽  
Protection Of Human Rights ◽  
Legitimate Interests

The article covers a research into the concept, the subjects, the tools of human rights, freedoms and legitimate interests protection. The author presents her arguments in favour of a differentiation between “protection” and “security” as individual categories, recognizing the former as an independent and autonomous interim protection mechanism. The author further proposes an introduction of “the constitutional legal system of protection of human rights, freedoms and legitimate interests” as a term for scientific and everyday use, defines the concept and identifies the features of the system proposed.

The Human Right to a Clean Environment–Phantom or Reality? The European Court of Human Rights and English Courts Perspective on Balancing Rights in Environmental Cases

2007 ◽  
Vol 76 (2-3) ◽  
pp. 103-151 ◽  
Author(s):  
Malgosia Fitzmaurice ◽  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Human Right ◽  
European Court ◽  
Clean Environment ◽  
Rights And Interests

AbstractWhilst many claim there is a human right to a clean environment, the jurisprudence of the European Court of Human Rights is examined to show how that court has balanced rights and interests in deciding relevant cases on this issue. Recent jurisprudential and academic debates on balancing are examined in this context before an analysis of some English decisions in this area to show that the existence of a human right to a clean environment may indeed be a phantom.

scholarly journals The protection of confidential communication between a lawyer and a client in the case law of the European Court of Human Rights

2021 ◽  
Vol 93 (2) ◽  
pp. 479-493
Author(s):  
Dimitrije Đukić
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Third Parties ◽  
European Convention ◽  
Human Right ◽  
Proper Functioning ◽  
European Court ◽  
The Right

Confidentiality of communication is a very important human right that gains in importance when the communication is conducted between a lawyer and a client. Namely, for a lawyer to be able to adequately represent their client, the client must be sure that the information they entrust to the lawyer will not reach third parties, i.e. that the communication will remain confidential. In this sense, protecting the confidentiality of communication between a lawyer and a client is very important not only for representing the client in each case, but also for the proper functioning of the legal system. This paper aims to establish which articles of the European Convention protect the right to a confidential communication between a lawyer and a client and how this communication is protected in practice by the European Court of Human Rights. The paper also examines whether it is possible to prescribe a measure by which such an important right as the right to privileged and confidential communication between a lawyer and a client could be limited and if so under what conditions.

The fundamental human right to education for refugees: Some legal remarks

2017 ◽  
Vol 17 (2) ◽  
pp. 219-232
Author(s):  
Kurt Willems ◽  
Jonas Vernimmen
Keyword(s):  
Human Rights ◽  
National Language ◽  
Access To Education ◽  
International Treaties ◽  
Human Right ◽  
Right To Education ◽  
Legal Documents ◽  
Legal Texts ◽  
Scope Of Application ◽  
The Right

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those lacking legal documents, can easily refer to any of these texts in order to enforce access to education and every right attached to education. The legal truth is however more complex. This article will first examine the various international legal texts: do refugees fall within the scope of application? Second, we will take a closer legal look at some issues often raised in practice when dealing with the influx of refugees: (i) can higher school fees be asked from pupils without legal documents? (ii) do refugees have a right to be taught in their own native language until they learn to speak the national language? and (iii) can they be placed in special (separate) schools or classes until they can follow the regular curriculum?

scholarly journals A tisztességes eljáráshoz való jog az Emberi Jogok Európai Bírósága Magyarországgal kapcsolatos gyakorlatában, különös tekintettel az ésszerű határidő követelményére

2012 ◽  
Vol 8 (3) ◽  
pp. 31-41
Author(s):  
Anita Nagy
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Fair Trial ◽  
Exceptional Case ◽  
European Convention ◽  
Human Right ◽  
European Court ◽  
Judicial Procedures ◽  
The Right

As for the right to a fair trial sanctioned by the convention, our most determining deficiencies arise regarding the compliance with a reasonable period of time. Despite of the relatively small number of the Hungarian infringements of the European Convention on Human Rights, the expectation of sufficiently efficient dispositions eliminating the prolongation of the judicial procedures applies for Hungary as well. In general, it can be concluded that the Hungarian legal system provides the basic human right to fair trial. This claim is supported by the low number of infringements in Hungary. In this study I sought to present the data related to the Hungarian cases proceeding at the European Court of Human Rights, as well as elementswarranting the emergence of the right to a fair trial assured by Article 6, together with the aspects during the monitoring of the cases of the prolongation of the judicial procedures respected by the Court of Strasbourg. Finally I aimed to delineate the aforesaid apropos of a representative and an exceptional case in respect of the practice of the Court as well.

Energy in Public Administration - Between Human Rights and Efficient Administration

2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Legal System ◽  
Human Dignity ◽  
Human Mind ◽  
Public Affairs ◽  
Reciprocal Relation ◽  
Legal Principles ◽  
Informal Practices

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Involuntary Circumcision of Males in Illegal Initiation Schools in South Africa: A Violation of African Customary Human Rights?

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Porsche Makama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Beliefs ◽  
Young Men ◽  
Cultural Tradition ◽  
Constitutional Rights ◽  
Topical Issue ◽  
Community Members ◽  
Human Right ◽  
Traditional Practice

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

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