scholarly journals Legal institution to ensure human rights, civil rights in Viet Nam Library Law 2019

2020 ◽  
Vol 36 (3) ◽  
Author(s):  
Le Tung Son
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Cultural Values ◽  
Legal Institution ◽  
Socialist Republic ◽  
National Assembly ◽  
Cultural Life ◽  
Access Information ◽  
Overview Analysis ◽  
The Right

Library Law No. 46/2019 / QH14 passed by the National Assembly of the Socialist Republic of Vietnam on November 21, 2019, effective July 1st, 2020, has important implications for the completion of legal regulations on ensuring human rights and civil rights which is stipulated by the Constitution with the basic rights: the right to access information and the right to access and enjoy cultural values, to participate in cultural life and to use of cultural facilities. The study focuses on overview, analysis and identification of legal institution on ensuring human rights and civil rights in the Library Law, then recommends measures for the Law to be implemented in the coming time.  

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

14. Cultural rights

2017 ◽  
Author(s):  
Julie Ringelheim
Keyword(s):  
Human Rights ◽  
Scientific Progress ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Material Interests ◽  
International Human ◽  
The Right

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

scholarly journals Information delayed is justice denied

2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Access To Information ◽  
Effective Protection ◽  
Public Authorities ◽  
European Court ◽  
Disclosure Of Information ◽  
Access Information ◽  
The Right

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’

scholarly journals Algorytm jako informacja publiczna w prawie europejskim

2021 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

PECULIARITIES OF GUARANTEES OF REALIZATION OF ECOLOGICAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS IN UKRAINE: QUESTIONS OF THEORY

2017 ◽  
Author(s):  
Halyna Pryshliak ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Full Range ◽  
International Standards ◽  
Soviet Society ◽  
The European Union ◽  
Environmental Rights ◽  
Economic Rights ◽  
National Legislation ◽  
The Right

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.

Political rights

2021 ◽  
pp. 263-270
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Service ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Equal Access ◽  
Political Rights ◽  
The Public ◽  
The Right ◽  
As If

Political rights are often grouped with civil rights as if both adjectives apply to certain categories, and some fundamental rights, such as freedom of expression, can be described as belonging to both categories. But the concept of political rights has an autonomous meaning. It applies specifically to the democratic vision of human rights, encompassing the right to participate in government, the right to vote and the right to participate in government. Elections must be both genuinie and periodic, based upon universal and equal suffrage and by secret vote or an equivalent free voting procedure. Equal access to the public service is also comprised within political rights.

Freedom of Conscience: Theory and Practice of Limitations of Rights in the Russian Federation

10.12737/1549 ◽  
2013 ◽  
Vol 1 (12) ◽  
pp. 65-74
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
Theory And Practice ◽  
Complete Theory ◽  
Freedom Of Conscience ◽  
The Russian Federation ◽  
The Right

In article some problems of formation of the complete theory of human rights in Russia, in particular the concept of restriction of the rights are considered; the main reasons influencing on realization of institute of constitutional human and civil rights and freedoms are revealed; various cases of illegal restriction of the human rights by the example of the right to freedom of worship and religion are considered.

Information Ethics: Codes, Cases and Conclusions

2003 ◽  
Vol 3 (1) ◽  
pp. 44-50 ◽  
Author(s):  
Laurence W. Bebbington
Keyword(s):  
Human Rights ◽  
Information Society ◽  
Freedom Of Expression ◽  
Information Ethics ◽  
Free Access ◽  
Access To Information ◽  
Ethics Codes ◽  
Right To Education ◽  
Cultural Life ◽  
The Right

“If the Information Society is to be both open and universal it should develop along the principles embodied in the Universal Declaration of Human Rights. They are, among others, the right to freedom of expression, free access to information, the right to education and the right to participate in cultural life.’ (UNESCO 2000)

Identity Building and the Holocaust: Roma Political Nationalism

1997 ◽  
Vol 25 (02) ◽  
pp. 269-283 ◽  
Author(s):  
Slawomir Kapralski
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Community Development ◽  
Eastern Europe ◽  
Ethnic Minority ◽  
Political Representation ◽  
Minority Rights ◽  
The Holocaust ◽  
Identity Constructs ◽  
The Right

It is significant that, at a time in which violent nationalisms are re-entering the European political stage, one of the basic aims of Romani elites in the area of human rights is to be recognized as a nation, a fact marked symbolically by the attention being paid to national emblems. Of course, other issues (equal civil rights, minority rights, political representation or community development) are also among the objectives of Roma organizations (PER Report, 1992, p. 7). However, in the case of these latter issues, the question can be asked, to whom are these basic human rights to be granted? In other words, Romani elites seem to realize that the most important right for which they should strive is the right to have a commonly accepted and externally recognized self-definition as a group which should be granted consequent rights. In the present circumstances, especially in Eastern Europe, there is little doubt that the elected self-identification by the Romani people will be a national one, since this is perceived as stronger and more respectable than other identity-constructs such as ethnic minority.

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